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Home My WebLink About#2427 - variance ��. Cit� o� �RONO � ,r_:;,, ,.,�5�L. :X.'- h}A;�.� RESOLUTION OF THE CITY COUNCIL ' ` 2427 ' � NO. • • • • � A RESOLOTION GRANTING A VARIANCB TO � MiTNICIPAL ZONING COD$ # S$CTION 10.25, SOBDIVISION 6(B) , SBCTION 10.22., SDBDIVISZON 2, 4 SBCTION 10.55, SQBDIVISION 8, AND S$CTION 10.03, SIIBDIVISION 13 - FZLE #1262 '. WH$R$AS, Curtis Hagfors (hereinafter "the app licant") is owner of the property located at 1412 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 12 , Block 1 , Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a single family residence on a lot of 0.26 acres in area where 0.50 �cres in area are normally required and of width 50' where 100' in lot ridth are normally required, and to allow continuation of the existing 9.6' side setback for reconstruction of the existing house where a 10' side setback is normally required, and for a variance to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow hardcover in excess of the 25$ hardcover normally allowed within the ?5-250' setback zone, ana to al low temporary storage of a principal structure in the 0-75' lakeshore setback zone where no temporary structures are normally allowed, and a variance to Section 10.03, Subdivision 13, to al low construction of a detached garage with doors facing the street to be located 21' from the street lot line where a street lot line setback of 30' is normally required. NOW, THSRBFORB, B$ IT RBSOLV$D by the City Council of Orono, Minnesota: . FINDINGS 1. This application was reviewed as Zoning File #1262. 2. The property is located in the LR-1C Singl�e Family Lakeshore Residential zoning District. � 3. The Orono Planning Commission reviewed this applicati.on on April 18, 1988, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 ,��-��.-�-��d Cit o� ORONO ..:�,. �' �`��:-� RESOLUTION OF THE CITY COUNCIL �z�:.:�,�•,� NO. 2427 .� ' • � � . .:,:.. a. Because the proposal is to remove the existing house from its f oundation and store it on the property, the new f oundation can be located so as to meet the required side setbacks and average lakeshore setbacks. b. There is no existing hardcover in the 0-75' lakeshore setback zone. The proposed 35.3$ hardcover in the 75-250' zone is necessary and reasonable to accomplish applicants redevelopment of his property with a house, detached garage, and minimum driveway area. The proposed hardcover variance is consistent with similar variances granted for other properties in the neighborhood to accomplish similar property renovations. c. Baldur Park Road is a lightly travelled residential street, hence construction of a detached garage located 17' from the travelled roadway will not cause a safety hazard in the neighborhood but will provide parking area between the garage and the street. The existing garage to be removed is only 12' from the street, hence the proposal creates a safer situation than now exists. d. Storage of the existing house in the 0-75' setback zone for a � limited period of time will have no detrimental effect on the environment nor on the neighborhood. e. There is no additional land available to make this a conforming lot. 4. After the Planning Commission review, applicant requested a 0.4' side setback variance for the house, noting that moving the house into the 0-75' zone will be cost prohibitive, and the existing f loor joist layout and existing utility connections would make the necessary 4"-6" sideways movement of the structure to meet the 10' side setback, not feasible. � 5. Similarly, the applicant subsequently revised his reguest to allow additional hardcover of 125 s.f. (1.7$) so that the garage could be placed 21' instead of 17' from the street lot line, leaving more parking room, and revising the proposed sidewalk between the house and garage to a width of 3' rather than 2' original ly proposed. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf f, comments by the app 1 icant and the ef f ect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 ��d � Cit o� ORONO ..;�:W��;: . � .r�;:x i ' �. . :°�-Y°� RESOLUTION OF THE CITY COUNCIL -� ,'�" � N0. 2427 M� � • � =�.;, . 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazar�i or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLOSIONS, ORDffit AND CQNDITIONS Based upon the above findings, the Orono City Council. hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a residence on a lot containing 0.26 acres in area and 50' in width where 0.50 acre and 100' in width are normally required, and grants a variance to that same section to al low continuation of the existing 9.6' side setback for reconstruction of the house, and �rants a variance to to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow temporary storage of the existing residence within the 0-75' setback zone where no temporary structures are normally al lowed, and grants a variance to allow 37.0$ hardcover in the 75-250' lakeshore setback zone where only 25� hardcover is normally allowed, and grants a variance to Section 10.03, Subdivision 13, to allow a garage-to-street setback of 21' where a 30' garage-to-street setback is normally required, subject to the following conditions: 1. The lowest f loor elevation of the reconstructed residence must be 932.5' or higher. . 2. The �xisting house to be relocated on the property may be stored for up to 6 weeks in the 0-75' lakeshore setback zone if the applicant desires. The app licant shall take whatever erosion control measures "are deemed necessary by the City during that period. 3. The new foundation and replacement of the house and the additions shall meet the existing 9.6' side setbacks, and the house shall be located such that the the deck wil 1 meet the average lakeshore setback requirements. 4. Hardcover on the property shall be as follows: a. 0-75' setback zone = No hardcover approved. Page 3 of �5 ��=��- c�t�-o� oRorvo .?_�;. '�j�+,. '�'' " � RESOLUTION OF THE CITY COUNCIL e`;''�� _� , 'r • N0. 242.7 .,,.�:, ►� �• � • • b. 75-250 ' lakeshore setback zone (area = 7,294 s.f. ) House 1,320 s.f. Deck 210 s.f. � Sidewalk 111 s.f. Garage 528 s.f. Driveway & . 528 s.f. parking area Total 2,697 s.f. / 7,294 s.f. = 37.0$ Applicant is advised that no future hardcover will be approved for this property, and any future proposals to increase hardcover on the property might be approvecl only in conjunction with concurrent removals of existing hardcover, resulting in no net hardcover increase. 5. Authorities granted by this variance run with the property not with the app licant, but are permissive only and must be exercised by application for a �building permit within one year of the date of Council approval, or this variance wil 1 expire on that date (May 23, 1989 ) . . 6. Violation of or non-compliance with any of the terms and ' conditions of this variance shall constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, .and shall be punishable as a misdemeanor. 7. 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 Orono City Council on this 23rd day of May, 1988. ATTE T: „ � ,,�_ � • othy . Hallin, City Clerk James R. Gra , Mayor � ��- Property OwnerCs) Page 4 o f 5 _ , � .�• . d Cit� o� ORONO . . . � RESOLUTION OF THE CITY COUNCI L � NO. 2427 • � • • .. STATE OF MINNESOTA ) ) ss. COUNTY OF FiENNEPIN ) On this day of , 198 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 acknawledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUI�ITY OF HENNEPIN ) On this day of , 198 , 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 PUBI,IC . MY COMMISSION EXPIRES - Page 5 of 5