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Home My WebLink AboutResolution 6144 r � O� O ,, O CITY of ORONO `�t.= �l :-;� � RESOLUTION OF THE CITY COUNCIL � ;�.�,: �� No. 6 1 4 4 �kESHOg' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE N0. 12-3552 WHEREAS, James M. White and Sherry D. White, a married couple (hereinafter "the Applicants") are the owners of the property located at 3516 Ivy Place within the City of Orono (hereinafter the "City") and legally described as: Lot 181 and the Northwesterly half of Lot 182, TAYLOR'S SUBDIVISION OF SPRING PARK LOTS, Hennepin County, Minnesota(hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 46.0% hardcover within the 75'-250' zone where 25% is normally allowed and 47.5% currently exists, in conjunction with the construction of a new deck to be attached to the existing residence; 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 16, 2012 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE SE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3552. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on April 16, 2012 and recommended approval of variances based on the following findings: Page 1 of 5 � o� O � O CITY of ORONO �� _ RESOLUTION OF THE CITY COUNCIL '�+, � :,�� ti � �,� NO. 6 1 4 4 t�kESHO�� a. The Property contains 16,252 square feet (0.37 acre) in area and has 92 feet in width at the OHWL and 83 feet in width at the 75-foot lake setback. b. Hardcover in the 0 to 75 foot zone is currently 125 s.f. (1.9%) which includes an 83 s.f. concrete sidewalk to traverse the slope from the house to the lake, and a 42 s.f. pumphouse. Applicants propose to remove the pumphouse leaving 0-75' hardcover at 1.3%. c. Hardcover in the 75-250' zone is currently 4,630 s.£ (47.5%) consisting of an 1,873 s.f. resid�nce, bituminous driveway, concrete slabs/stoops/walkways, flagstone walls and walkways, wood retaining walls and a small canopy. The proposed deck area of 324 s.f. includes a stairway to grade alongside the house. A portion of the deck is over existing walkway hardcover. Applicants propose to remove 282 s.f. of bituminous driveway, 42 s.f. of concrete, 133 s.f. of flagstone walks, and 11 s.f. of flagstone walls. The net result is a 75- 250' zone decrease of 144 s.f. or 1.5%. d. The Applicants' proposal results in an overall total reduction in hardcover on the Property from the current levels by 42 s.f. within the 0-75' zone; and by 144 s. f. within the 75' —250' zone. e. The existing house sits more than 60' from the road and has a side-loading garage, requiring additional area for backing up. The main driveway entrance is 11' in width and not excessive. Portions of the backup apron deemed by the applicants as unneeded for backing are being removed. An area of driveway adjacent to the side of the garage is needed for storage purposes. Other areas of hardcover to remain are primarily needed to retain or traverse the slopes on the property. f. The applicants have established a buffer area adjacent to the lakeshore where vegetation will remain unmowed to serve as a filtration area for runoff, and propose to establish a system of rain barrels or cisterns to control runoff adjacent to the house and driveway. g. The lot was legally created and the existing house built prior to the adoption of the current zoning standards. The property owner is proposing to add a deck which is a reasonable use. The overages in hardcover are to a great extent a function of the existing house location and the topography of the site. Page 2 of 5 � O� O �j O CITY of ORONO �a�� _ � � ' � RESOLUTION OF THE CITY COUNCIL �'� "��,> �� No. 6 1 4 4 ��kESH04� Adding a deck will not alter the essential character of the locality. Economic considerations are not a factor in this variance request. h. The topographic conditions and house location at double the required setback from the road are factors unique to this property, although not uncommon for similarly situated lakeshore lots in the LR-1 C district. Granting of the variances will allow applicants to have a deck overlooking the lakeshore where no deck currently exists. The proposed deck will not impair health, safety, comfort, morals, or in any way be contrary to the intent of the zoning code. Granting the hardc9ver variance is not merely a convenience to the applicants but will allow applicants to have a deck which is a common amenity for lakeshore properties. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by 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 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 Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning 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 78-1288 to allow 46.0% hardcover within the 75'-250' zone where 25% is normally allowed in conjunction with the construction of a new deck to be attached to the existing residence, subject to the following conditions: 1. Council approval is based on the survey, construction plans and landscape plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 5 � o� O ,� _ O CITY of ORONO � z � � ; ��?�,:; � RESOLUTION OF THE CITY COUNCIL � �� No. 6 1 4 4 ��kESHOg'� 2. Hardcover shall not increase above the approved levels as follows: 83 s.f. (1.3%) hardcover within the 0-75' zone; and 4,486 square feet (46.0%) hardcover within the 75' to 250' zone. The 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 hardcover. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection for the deck must be completed within one year of the date of Council approval, or the variance will expire on that date(May 29, 2013). 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. The undersigned Applicants have read, understand and hereby agree to the terms 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 Council on the 29th day of May, 2012. ATTEST: G�� ..�' , �N�G� ' d-`U`. . Linda S. Vee, City Clerk Lili Tod McMillan, Mayor - �v hf. ('_J�.�.�- �' ��-� ��`�� P perty Owner(s) Page4of5 � o� � O CITY of ORONO �z ��, _ _ �! a �-',_'.�,�..A � RESOLUTION OF THE CITY COUNCIL �� ;�° �,� No. � 1 4 4 ��kESH�4� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thiso��day of��^-� ,2012, by James M. White,husband of Sherry D. White. ,j ,., c MONICAA.FADNESS �/ \/J�� NOTARY PUBLIC-MINNESOTA Notary Public ''•... ; My Commission�p�res Jan 31,2011 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�'T day of v v`-` , 2012,by Sherry D. White, wife of James M. White. � �� . �.. �� MONICAA.FADNESS Notary Public � `. NOTARY PUBLIC-MINNESOTA �•�i11„� My Commission Expires Jan 31,2017 Page 5 of 5 , , � Resolution ; Exhibit A�� d �' ��s � p °;; r �q�� LL �.i• k�b = b4 e� �` z� M � G G 's t G C G G t � �"��C } n� �aR g . 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