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Home My WebLink AboutResolution 6228 r � � O� O � O CITY of ORONO � �' � RESOLUTION OF��$COUNCIL � G'�' NO. ��kESH��`'� A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-78-1279(6) AND 78-330 A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3600 WHEREAS, Kathryn D. Kallas, a single person (hereinafter "the Applicant°) is the owner of the property located at 3048 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Blocks 1 and 5, Crystal Bay Park and adjacent vacated roads described as follows; Commencing at the most Easterly corner of Lot 7, Block 5; thence Southwesterly along Southeasterly line of said Block 5 a distance of 38.6 feet to a point of beginning; thence deflecting right 83 degrees 11 minutes to the shoreline of Maxwell Bay thence Southwesterly along said shore a distance of 85 feet; thence Southeasterly to a point i� Southeasterly line of said Block 5 distant 115 feet Southwesterly from the point of beginning, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new home partially ahead of the average lakeshore setback; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new home on a property 84 feet in width at the lake and 88 feet in width at the 75-foot setback where 140 feet is required; and � WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within the 75-foot setback from the lake in conjunction with removal of the existing home and construction with the new home on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on April 15, 2013 at which times all persons desiring to be heard conceming this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 ' r � � O� O � O CITY of ORONO � '�'� `r". � RESOLUTION OF THE CITY COUNCIL �� G'�' NO. !? � � $ �kESHOg'� FINDINGS 1. This application was reviewed as Zoning File number 13-3600. 2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on April 15, 2013 and voted 2 for and 3 against on a motion to approve the average lakeshore setback variance and CUP; this motion failed. 4. The Planning Commission voted 3 for and 2 against on a second motion to approve the CUP and deny the average lakeshore setback variance based on the following findings: a. The Property contains 51,650 square feet in area and has a defined width of 84-feet at the lake and 88-feet at the 75-foot setback. b. The home on the Property has existed since the early 1950s. c. The Planning Commission finds a new home can be constructed to meet the required average lakeshore setback. d. If no other variances were requested a lot width variance would not be necessary per City Code 78-72(c). 5. The City Council reviewed the application at the April 22, 2013 and May 13, 2013 meetings and finds that the following factors support the granting of the requested variances and CUP: a. The adjacent home at 3020 North Shore Drive is located approximately 180 feet from the lake, and the home at 3060 North Shore Drive is located approximately 70 feet from the lake resulting in an average lakeshore setback line at approximately a 45 degree angle across the Applicant's property. b. The home at 3020 North Shore Drive is situated with views facing Norenberg Park and Maxwell Bay to the east and north. The home is not oriented to have views of the lake across the Applicant's property. c. Both adjacent neighbors (at 3020 North Shore Drive and 3060 North Shore Drive) have submitted letters of support for the application including the average lakeshore setback variance as requested. The proposed location of the proposed home is the preferred location for both neighbors. Page 2 of 5 .� o,�,. � O � O CITY of ORONO � ;�:�. � RESOLUTION OF THE CITY COUNCIL �� G'�' NO. `' � � 8 9kESH�g'� d. The Applicant proposes to locate the new home and patio to meet the 75-foot lake setback which is 39 feet further from the lake than the existing home. e. The Property will conform to the hardcover limitations of Tier 1. f. If no other variances were requested a lot width variance would not be necessary per City Code 78-72(c). g. The Applicant's proposed home will not alter the essential character of the neighborhood and wifl result in minimal or no negative impact on adjacent properties. h. The Applicant's proposed home location will not adversely impact views of the lake currently enjoyed by the adjacent properties; future views will be improved with the new home. i. The Applicant's request is in harmony with the purpose and intent of the ordinance. j. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 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 variances and CUP 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 practical 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. Page 3 of 5 .� o�,. O , O CITY of ORONO , , � �;�. �+ RESOLUTION OF THE CITY COUNCIL �� G'�'F NO. � !� ? � L�kESHog'� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a new home partially ahead of the average lakeshore setback; and Zoning Code Section 78-330 to allow construction of a new home on a property 84 feet in width at the lake and 88 feet in width at the 75-foot setback where 140 feet is required; and hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within the 75-foot setback from the lake in conjunction with removal of the existing home and construction of the new home on the Property subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards and no hardcover variances afe granted. 3. Authorities granted by this resolution run with the property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the home and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances and conditional use permit will expire on that date (May 13, 2014). 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, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Page 4 of 5 � O� � O � O CITY of ORONO ��- � � '' �+ RESOLUTION OF THE CITY COUNCIL titi � $ �� / G NO. � ;� ��kESH�g'� Adopted by the Orono City Council on the 13th day of May, 2013. ATTEST: �--��.t�.�—�'l�c�e '2� 1�,,�.- ��l� , Rachel Dodge, City Cierk Lili Tod McMillan, Mayor �n—�"�—� L•.., �.�c.��/;,7 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thiso�o day of , 2013, by Kathryn D. Kallas, a single person. "''p� MONICAA.FADNESS ' - � NOTARYPUBLIC-MINNESOTA Notary UbIIC ,��t�;� My Commission Eupires Jan.31,2017 Page5of5