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HomeMy WebLinkAboutResolution 3327 M - S ./O /_0 O CITY of ORONO . RESOLUTION OF THE CITY COUNCIL ,A 11 i ti NO. 3 s 'r' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISIONS 6 (A) AND (B), SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2 FILE NO. 1856 WHEREAS, Mark Prueter (hereinafter "the applicant") is the owner of the property located at 3215 Crystal Bay Road within the City of Orono and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a 15' x 26' addition to rear of the existing structure and a 34' x 26' second floor addition to be placed 6' from the west side lot line and 7' from the east side lot line where a 10' setback is required, construction of replacement deck/stairs at 12' x 17' will be placed 3' from the west side lot line where a 10' setback is required and per Section 10.22, Subdivision 1 (B) said structure shall be placed 8' in front of an average lakeshore setback line where no such encroachment is allowed. The proposed improvement will result in a hardcover decrease of 3 s.f. or .01%. Total hardcover is now at 2,428 s.f. or 29.3% where 25% is allowed and where 2,431 s.f. or 29.4% exists, and per Section 10.25, Subdivision 6 (A) approves a three-story structure where only a 21/2-story structure is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1856. . 2. The property is located in the LR-1C, Lakeshore Residential Zoning District requiring '/z acre in area and a minimum width of 100'. The property consists of 12,174 s.f in area. Lot width measures 55' in straight line at the shoreline and at the 75' setback line. Page 1 of 6 - 7. ) °.4, OO CITY of ORONO ,,s 1*F RESOLUTION OF THE CITY COUNCIL A , ��NO 8 3 � . i',- 17 • ESH 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the variances as amended based upon the following findings and hardships: A. Lot narrows at the mid-point of the property measuring 55' at the lakeshore and 35' to the rear. B. The applicant proposes a slight reduction of hardcover within the 75-250' setback area at 3 s.f. or .01%. C. Emergency access can be achieved via 10'+ corridor between adjacent residences to the east and west. The prime fire access to site will be from the south from the municipal hydrant. D. Total structural coverage is proposed at 1,649 s.f. or 13.5% where 15% is allowed. E. The proposed lakeside replacement deck and stair structure will reduce the encroachment of the average lakeshore setback line by 3'. The existing deck is 15' in width. The proposed deck will be 12' in width. F. The home was constructed prior to existing zoning requirements. G. No additional land is available to allow for expansion without the need of variances. H. The property has steeper elevations to south creating unique drainage problems. I. Residential structure on lot to immediate east will be higher in elevations than applicant's proposed structure with third floor. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely Page 2 of 6 ,ren 5005 DSA Unna �' CITY of ORONO . O O ' v ,, RESOLUTION OF THE CITY COUNCIL NO. rid, ! o 6i serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, Section 10.25, Subdivision 6 (A) and (B) to permit the construction of a 15' x 26' rear addition and 34' x 26' second level, and construction of a replacement deck/stairs at lakeside of residence measuring 17' x 12'. The proposed improvements will require a 4' or 40% west side setback variance, a 3' or 30% east side setback variance, a 7' or 70% west side setback variance for lakeside replacement deck/stair structure, an 8' setback encroachment of the average lakeshore setback line, a hardcover variance resulting in a net decrease of 3 s.f. or .01% with total hardcover now at 2,428 s.f. or 29.3%, and a height variance that would allow a three-story structure rather than 21/2-story structure, subject to the following conditions: 1. All improvements as shown on Page 6 of this resolution have been approved with this variance resolution. Any existing hardcover improvements that are to be removed as a condition of this approval must be completed prior to footing inspection for the new construction. 2. Applicant shall provide a grading and drainage plan that addresses the maintenance of positive drainage from foundation of new addition. Applicant shall install gutters on residence in conjunction with final grades for positive drainage. 3. Authorities granted by this variance run with the property not with the applicant, but are peuiiissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 27, 1994). Page 3 of 6 • 0C4) CITY of ORONO ,� ` RESOLUTION O T E:CITY COUNCIL 1 Ij �'`' (`'`,- ��5, NO. oAt ii 9kESHOg� 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of September, 1993. 1 %STI �— - 204 &.(44/// b i,i, 42 Po•thy M. o lin, City Clerk Edward J. Call han, Jr., Mayor` j -' -, ' ,-----i,v/(21-1,_ -et-77------/ Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ca) A. HASEMAN Notary Public NOTARY PUBLIC-MINNESOTA 4 I, HENNEPIN COUNTY \„,,,,..." P'Y CC'.; '!CS ICN EXPIRES 8-23-W Page 4 of 6 CITY of OR * ---ce,,- O . O ONO : � a RESOLUTION OF THE CITY COUNCIL AtISA -; "iloe f ..4 I,,414, G~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � 7 ' day of S r p f i A2r , 199 3 before me a Notary Public within and for said county,personally appeared //2/&/-K /'cfie ler, /Y)a r/'/ e<-( known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • : 41::f. :,'Ai- N'3 T A P.'':-r n NOTARY PUBLIC [, My c ,,issiz n ex:- 12-96 L STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 ,wm 5N5 Ots`0.,nc / i 3- � '7) r--;•" c� c3 e _1 J�(� r �.��441.1 A . y/ - Tiii-S ITEM HA. �Ln ' ¢ '`"ms a Pint of ;ur7ey `'r<. °' lv • sn _ t h for Steve;. A. tIaverber? A ko - /' s6' in Lot 1, Block 2., Tou-;•:site of Langdon Park e. G Hennes'n County, rir.r..esot 14 • O / • ' Ji,g//IAv / , r • i � G / \ - \ 5_.5 . � ,� )8.4(10 i Certificate oZ Survey• : \ ffy`''''-/- ` \ ' I herchy cerci;':-cerci;':- that {•'- this is a ;rnn :nd correct 7 representation of a survey . /I r part of' r 1 , Block 2, and \\ 4'e �: F�, r i. `� � � O: that ca-rt of 'j7''T. lI?r^ ft:.^lile, ` ... �y t- �� �� _ t now vacated, Tocrosite of L.-1.n,don \ - E Y o� ?ark, de_crice- as :Tallow's; , -o �/ ,E`: n the point of inter- • cc- �,j� rT �a��� qa�,' �` `�'i-�. 6' a��`�` Co yre cines at ., ofthe <,.. ,. \)•,, 15. .�.+ �`' section of the Fort er1_; lineq -.k-' - '1,\D- 1\e . ri Cht c-wy (; -eat Norther x^°,,.r4,, Yr''-^1,\ 1\e' q�y,1� \ `U � 'r �j, ` c O -. r_- t4 i}1 the Southerly ort C eX- <e <,2\..'° .� , P ' \,' 7 PROPOSED :1DD[TION HARDCOVER CALCULATIONS °off A .•L O ITEM LENGTH x IiIDTH = S.F. - • i- Cv't \ 4apo0 House = \ C � IS 34 \ 26 = 884 S.F. Front Deck 17 \ Cs ��.�'�` h 14 = 168 S.F. ; Deck Stairs 12 X 3 36 S.F. " a1 • En Cerance deck 5 . tU = .1O '36 S.F.- 2. )r \ �� ti Front Walkway 45 X 3 = 1 35 S.F. .'�'` Back Walkway 35 X 3 = 105 S.F. 11Ce .� .�-.• Rear Deck/Ent 26 X 5 = 130 S.F. in the ` - <�,<` F,• Rear Deck stairs 12 X 3 = 36 S.F. \ " r` ...I' ,°.( CC�^.a;2j , ♦\ om ._„, 0. rr` Garage ZZ X 2U = 444 S.F. Northerly ♦ o "i • rine of co::- {. 44 S.F.2'X 2' rads 11 X 4 S.F. = Lg 247_7 feet s`°�r'-''�` �� Stairs 25 X 3 = 75 S.F. 1,'..t -,-... rt of \�c«� L'smt Door Landing 4 X 4 = 16 S.F. line of the' &i..o' Driveway 15 X 19 = 285 S.F. TOTAL HARDCUGER IN ZONE (A) rine ton-ka , Aiiay- y and Southwest erly side TOTAL PROPERTY AREA IV ZONE (p) .F. the location. of all = 8274 S.F. low a '�er _-.proof^ ls - 2 / // A) Y4� / (B) 82/4 x 100 = �,� A , i/•,•:c 600 . po. Gordon !•tL. Coffin . E to : 1" = 40' , eyor and P lar er - , Lara Sur Date 9-2-76 kers;rnesota o Irch rrarker Long t, • Page 6of6 - • CITY O O C of ORONO RESOLUTION OF THE CITY COUNCIL Ess EXHIBIT "A" Lot 1, Block 2, Townsite of Langdon Park, Hennepin County, Minnesota: That part of Lot 1, Block 2, 'and of that part of Northern Avenue, now vacated, Townsite of Langdon Park, described as follows; to-wit: Commencing at the point of intersection of the Northerly line of the right-of-way of the Great Northern Railway Company with the Southerly extension of the dividing line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence Northwesterly along the dividing line between said Lots 1 and 2 and same extended, a distance of 213.14 feet; thence Northeasterly deflecting right at an angle of 82055' from last described course, a distance of 180 feet to the actual point of beginning of the tract of land to be described; thence continuing from said actual point cf beginning Northeasterly on the extension of said last described line, a distance of 60 feet; thence Southeasterly in a straight line 263.2 feet to a point in the line of said right-of-way of the Great Northern Railway Company, which point is 140 feet Northeasterly, measured along the Northerly line of said railroad right- of-way, from the initial point of commencement; thence Southwesterly along said Northerly right-of-way line 35 feet; thence Northwesterly in a straight line 247.7 feet to the actual point of beginning; ALSO including all that part of Lot 1 in said Block 2 lying between the Northwesterly line of the premises hereinabove described and the shore of Lake Minnetonka, and between the Northerly extension of the Northeasterly and Southwesterly side lines of the premises hereinabove first described. RESOLUTION # 33 ' STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ September 27 , 19 93 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 28th , day of September , 1993 orothy M.©-'11in , City Clerk (SEAL) ' 2435393 AEGISTERED VOL PAGE ...76,LIJOS- COPY OFFICE OF THE REGISTAR OF TITLES HENNEPIN COUNTY, kiINNESOTA CERTIFIED 1 iLED OCT 251993 fq ).4 411,14,4 REGISTRAR OF TITLES BY DEPUTY rvl_e-41/0 tycit 1(2.0119S cd: