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Home My WebLink About#5223 - variances ► � • . _ � O � O ��,.� _ O �,.� , CITY of ORONO � - � �',� ��/`'y G'�' RESOLUTION OF THE CITY COUNCIL L�kESI'i�4�� NO. � � � �' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 SUBDIVISION B AND SECTION 78-1279 SUBDIVISION 6 AND DENYING A VARIANCE TO SECTION 78-1288 SUBDIVISION B FILE NO. 04-3043 WHEREAS, John Charles Holm and Susan Marie Kerber, husband and wife (hereinafter "the applicants") are the owners of the property located at 1485 Bay Ridge Road within the City of Orono (hereinafter the "City") and legally descriUed as follows: Tracts F and M, Registered Land Survey No. 192, Subject to easement for County Road No. 15, Heiulepin County, Miiuiesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 SuUdivision B to allow a garage addition to be constructed 10' from the side lot line where a 30' setback is nonnally required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow an existing decic to be reconstructed within the avera�e lakeshore setUack; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow a garage addition to be constnicted and an existing deck to be rebuilt resultiilg in hardcover within the 75' — 250' setback of 5,448 s.f. or 27% where 26% currently exists and 25% is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: Page 1 of 6 � . . � � O� O � O -�� .:- CITY of ORONO � � ,,.3 .:;:, � � �,�,., � RESOLUTION OF THE CITY COUNCiL �L�kESII�fi�'G NO. �' � ..b,�-� � FINDINGS 1. This application was reviewed as Zonin� File #04-3043. 2. The property is located in the LR-lA, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. Tl�e PlatuiiiZg Commission reviewed this application at a puUlic hearing held on August 16, 2004 and recommended approval of side setback and average setback variances but denial of the hardcover variance based on the following findings: a. The property is 33,300 s.f. or 0.76 acre in area and has 112' — 104' in width. b. No additional land is available for acquisition Uy the applicants to make the property conronning in area or width. c. The property is served with mtulicipal sewer. d. The property is similar in size to many of the existing developed lots in this neighborhood. e. The average setbacic variance will have no impact on lake views enjoyed by the neighboring property owners. £ The side setback variai�ce will allow constiuction of an attached garage at a 10' setback where a 9.9'setbacic currently exists and will have no negative impacts on the open space ar character of the neighborhood. g. The applicants' request for a hardcover variance in order to increase the hardcover within 75' of the OHWL should be denied as there is no hardship to support the variance. h. The applicants liave indicated an ability and willingness to reduce hardcover in the 75' —250' zone down to the 25% allowed level. Page 2 of 6 _ � ° � 0 0 ��a��:-, „ CITY of URONO � � '� .��`�:a> � ,� G RESOLUTION OF THE CITY COUNCI L L�kESI3.0��' NO. � � � � 4. The City Council has considered this application including the findings and recommendation of the Plaiuzing Coinmission, reports by City staff, comments Uy the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply ;enerally to other property in this zoiung district; that grantiug the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not nlerely serve as a convenience to the applicants, bllt 15 necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zonin� Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 Subdivision B to allow a side setback of 10' where 30' is nonnally required for the conshliction of a new attached garage and a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow an existing deck to be reconstructed within the average lakeshore setUack, and denies a variance to Municipal Zoning Code Section 78-1288 for hardcover in excess of the allowed 25% in the 75' — 250' zone subject to the following conditions: l. Council approval is based on the site plan submitted by the applicants and atuiotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confornzity with City codes will require fui-ther Planning Commission and City Council review, 2. Hardcover in the 0-75' zone shall not increase above the level of 59% or 4,230 s.f. (C.S.A.H. 15). Hardcover in the 75-250' zone shall be limited to 4,908.5 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing haxdcover. Page 3 of 6 � ° � 0 0 ��a .: , CITY of ORONO ,� x - � � :::�,�a � RESOLUTION OF THE CITY COUNCI L �L`qkESI304�� NO. � � � �j 3. Applicants shall remove all plastic or fabric liner material fi•om the decorative laildscape beds on the property to ensure their penneability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed Uy the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, but are pernzissive only and nnlst Ue e�:ercised by obtaining a building pennit for the new construction within one year of the date of Council approval, or tlze variance will expire on that date (August 23, 2005). 6. Violation of or non-compliance with any of the tenns and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terniinate any authority �ranted herein, and shall Ue punishable as a misdemeanor. 7. T11e undersigned applicants have read, understood and hereUy agree to the tetms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Cotuzcil on the 23'd day of August, 2004. ATTEST: ,, � " ` _ -��' / ' 7 ;�, %� ,x '„7._--__. '-�—� � ^ � , h. \ / . { � , , . `, )-C�-?� .�-�1�-��,� ,%"�f�'�',�..`,,� .. -4> , �-r :f----- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor _.. ...,. � r _� � � � ......�...�'�j�"�.. /�-�• ��'�. �-�C.��L '�rop rty Owner(s) � Pa�e 4 of 6 - � ° � 0 0 ��..- ciTY o� oRoNo � : � �,�, , '�?"�.; �� RESOLUTION OF THE CITY COUNCIL L�kES13�4� NO. �' � � � STATE OF MINNESOTA COUNTY OF HENNEPIN 1 �r The foregoing instrument was aclaio��ledged before me on this�2=��day of ��ir�ust, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota � municipal corporation ancl said instrument was executed on behalf of the City. ; -�,�: � `-=-=-" �.� .., , , RACh��L DO�C� ? � ' � NOTA,�Y PU3UC-M'hi`t°�.,T.1 �._ J' �E`L <._ G�_�.�-.:�' I�_�r.��E =•�-_ (�, `—__ ',r,,T^�i:s�Gn Exp�rW J�;�._..:�c_; Nota�-y Public � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this % day of _-,, +,-��j�,; ;� ;-;�"�� 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �..�,.�.�,��' ''�-�- �. -,� ,��' ` ; ;, , ,. ra",��iEE.E706�G"' �`. �'. r. ;�_ ._ _i, �� "� r � i �...___' � �� r�(?�..-L�l_i�•�� .�"A , - � `�� F;;y Cu;^a:r;u,�cs+cxp'ue5lan.J�,;:u:, . _�.;._.._ ,.,�;...,....��:.��'�;:.�,._ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � ,;�� , ; - This instrument was acicnowledged before me this �`' day of .:`��;"`�'��'�.?-'.�`,}2004 by John Charles Holm,husband of Susan Marie Kerber. � ��: ,__ . . ,Y . �+,e'�P�.!' !. ^� r,,�c^' �� .:�.._ J �,.^-�a�, �,C�'��t. _: / ,� .- ` � ` 3 NO'(pRY PU6'_I� r ' � L,t �, f � Nota� P bli � ��- �= ' � ti1 Commis5ion ErY� � � i) " - , Y �� y c ,__.-,-,-,-�,�-_.-.-- Page 5 of 6 � � o� o �, o -��.- , CITY of ORONO ,� �;�. � �',� � G'�' RESOLUTION OF THE CITY COUNCIL L�kESYi�4��' NO. �' �'-��- � �1'� STATE OF MINNESOTA COUNTY OF HENNEPIN ,c :�` . This instruinent was acknowledged before me this�� day of;:_ �' %'�� '� ��'��'%-;��?004 by Susan Marie Kerber, wife of John Charles Holm. .�-�--Y-,.�,�.�,-�..�,y,.�..��..,., � � l , , G � � � ' . ,. , ,�''`-t�-�. -�;<. -- `-(-, '-- ! ;._ , N ,�_. y�'--.._...._ � F2.AC1-i�L f�,'��n,. �t ' ti��r�°,:;�,-,�;,�u%:_,,., Notary Public n^�,��t,�,��,;::��:�R� ;:t-, . Page 6 of 6 , �, NJIH J.2�b'NIa�lO � . � � � � n� / - � .� zs°lo� . s � � , , o� �,��. � �,9op � / �5 - 25 � / ,�� / � � '� '� � ,�LO,l � / --zz'� '' .Z/l Puno� � •69'l N � 7y'8z / � � v " � �. � �, ^'` . c,{ ,/ �' � � � L � '�.�� v /o� a�� , L S m :' � �• � � � c� �- .._.. ...... ..��5��.A�-�--z� � `D � �� L� •----- � n � O S� � q� � ' � LS ^�. ll�M 'aab' �1�'�le� �v � o .��r � an�� n� � / 1�C�u� c� % os - � � i � . s \. ,,� � `� / ��' . --�6'l5'�.-- , / � M ,�L1�6�.68 N � . .��Q��. �� - 1 'M'H'0 W02��-----, � x�'d913S 133� OSZ � .._ � �_� ��A� c��1 � �