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Home My WebLink About#3720 - Variances � o� 0 0 �Ae. - CITY of ORONO i ,� � ; �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH0g'� NO. e� "� � � '� A RESOLUTION GRANTING - �lAR1�NCES TO MLTN`I�IPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND 10.23, SUBDIVISION 6 (B) FILE #2088 WHEREAS, Winfield R. Stephens (hereinafter "the applicant") is the owner of the property located at 3770 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 1, 2, 3, and 4, Ottoville on Lake Minnetonka, Minnesota, according to the record plat thereof, Hennepin County, Minnesota, AND, that part of the alley adjacent to Lots 2 and 3 dedicated in that plat of Ottoville on Lake Minnetonka lying Southerly of the Westerly extension of the North line of said Lot 2 and Northerly of the Northwesterly right-of-way line of County Road 84 (AKA Bayside Road) according to the record plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.23, Subdivision 6 (B) for additions and a second story to be constructed over the existing residence requiring a hardcover variance within the 250-500' setback area proposed at 48.2% where the code would allow 30% and the following setback variances: A. Side street setback variance (adjacent to Landmark Drive) Required = 50' Existing = -2 to -3' Proposed = 15' Variance = 35' or 70% Page 1 of 6 � o� 0 0 �b_.� C ITY of URONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. � `7 � O B. Side setback (north lot line) Required = 30' Proposed = 3.5' Proposed �ttached garage = 27' Variance — 26.5' or 88.3% C. Street setback (Bayside Road) Required = 50' Residence structure = 50' Roof deck = 45' Variance = 5' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2088. 2. The property is located in the LR-lA, Single Family Lakeshore Residential ' Zoning District requiring 2 acres in area. The property consists of 20,143.32 s.f. or .46 acres. 3. The Orono Planning Commission reviewed this application on April 15, 1996, and recommended approval of the variances as proposed based upon the following unique findings and hardships: ,�. ►he property is of an unusual triangular shape. B. T;�e pror:rty is surrounded by either roadways or driveways on all sides. C. The property has been assessed and is served by sewer. Page 2 of 6 � o� 0 0 �b - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. s`3 '� `,� � D. The applicant has been asked to consider the visual needs of the property owner to the north and has minimized expansion to the east thereby preservir.g lake views where homeowner would have no legal claim as the propt�ty to the north is not a lakeshore lot. E. Applicant has met with residents to the west and has entered into an agreement whereby an exis+ing detached garage was to be removed and new construction was to meet a minimum 15' setback. F. Proposed structural improvements for this property will be held to 14.3% where the code would allow 15%. G. Total hardcover on this property is proposed at 3,301.6 s.f. or 16.3%. H. Hardco��er in the 250-500' setback area exists at 45.5% and is proposed at 48.2%. I. The majority of area of this property is located within the 75-250' setback area. 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 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 mtent uf 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. Page 3 of 6 � O� O O ��d:.- CITY of ORONO � ti �� G'� RESOLUTION OF THE CITY COUNCIL t� �� No. 3 '� � 0 kESH� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings or hardships, the Orono City Council hereby approves variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.23, Subdivision 6 (B) to permit additions to the existing structure involving a second story and grants a hardcover variance within the 250-500' setback area at 895.63 s.f. or 18.2%, a side street setback variance of 35' or 70%, a north side setback variance of 26.5' or 88.3% and a street setback variance of 5' or 10%. Approval is subject to the following conditions: 1. A_pplicant shall have completed the legal combination of Lots 1, 2, 3 and 4 of the Ottoville on Lake Minnetonka plat and the vacated alley prior to applying for a building permit for the new construction. 2. Upon application for a building permit, applicant shall provide an updated survey and hardcover inventory including all approved structural and nonstnictural improvements. Applicants shall also provide a detailed grading plan showing existing and proposed contour. 3. Authorities granted by this variance run with the property not with the applicant, 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 will expire on that date (May 13, 1997). 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. Page 4 of 6 � o� 0 0 4.��.- CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4��' NO. :� `7 � n = Adopted by the Orono City Council on this 13th day of May, 1996. AT ,ST: � . . �� ;; G % Dorothy M Ha lin, City Clerk Edward J. Cal,}�han, Jr., Mayor ' � ( � ' �. , -�, �� ' —�� Prope Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was exeeuted on behalf of the City. � /�y2- �c..� � C��-''-� ° �""• LINDA S.VEE Notary Public �F ;��ss�� NOTARY PUBUC-��iINNESOTA �'"�.'�"�� HENNEPIN COUNTY �"t� '�^'�`�� My Commission Expires Jan.31,2000 i�.r.z.:_ Page 5 of 6 � o� 0 0 �9e. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 3 '� � n STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _/�� day of �� G� , 199� before me a Notary Public within and for said county, personally appear d b�';n ��' %c� '; S-� � � So% c�c��i��'✓, known to me to be the person(s) described in and who executed the oregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ;. �' LINDA S.VEE % ��ZCL�� - C/Q1�� '�\�� NOTARY PUBLIC-�dINNESOTA � 'o�9 :�-,' HENNEPIN COUNTY NOTARY PUBLIC `��`° My Commission Expires Jan.31,2000 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 6 of 6