HomeMy WebLinkAboutResolution 6521CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 5 2 1
A RESOLUTION GRANTING
SETBACK VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-345 & 78-1279
FILE NO. 15-3745
WHEREAS, Mafthew C. Johnson and Susanne L. Johnson, a married
couple, (hereinafter the "Applicant") is the owner of the property located at 1432 Shoreline
Drive within the City of Orono (hereinafter "City") and legally described is attached Exhibit A
(hereinafter "the Property"); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Sections 78-305 and 78-1279 to permit expansion of the existing
residence that is 26.8 feet from the ordinary high water level (hereinafter the "OHWL") where
a 75 foot setback is required; 21.9 feet from the south side lot line and 24.9 feet from the
north side lot line where 30 -foot setbacks are required; 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 June 15, 2015, 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:
I. This application was reviewed as Zoning File #15-3745.
2. The Property is located in the LR -1A One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 2.0 acres and a minimum lot width of
200'.
3. The Planning Commission reviewed this application on June 15, 2015, the Planning
Commission voted 6 in favor and 0 opposed on a motion to recommend approval
variances as requested based on the following findings:
a). The Property contains 13,388 square feet in area and has a width of 105 -feet.
b). The variance to allow expansion of the existing home which is substandard
with respect to the lake and side yard setbacks will alleviate a practical
Page 1 of 4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. b 52 ?
difficulty inherent to the Property and was not created by the Applicant.
c). The proposed setbacks for the addition are not out of character with the
neighborhood; the street setback will be met.
d). The variance to expand the home on the Property which results in less than
15% structural coverage is in harmony with the general intent and purpose of
the Ordinance.
e). The variance to permit improvements to the home to meet the building code
minimum standards is consistent with the comprehensive plan.
f). The Applicants have provided a survey showing the limitation of the existing
structure within the substandard lot area and lot width establishing that there
are practical difficulties.
g). The Applicants propose to use the Property in a reasonable manner not
permitted by the official controls;
h). The circumstances unique to the Property were not created by the landowner.
i). The granting of the variances to allow improvement of the Property is
necessary for the preservation and enjoyment of a substantial properly right of
the Applicants.
j). The proposal results in a 26.8' lake setback; a 24.9' setback on the north side;
and a 21.9' setback on the south side allowing for adequate drainage and
open space separation. The granting of the proposed variances will not in any
way impair health, safety, comfort or morals, or in any other respect be
contrary to the intent of this chapter.
k). The granting of the requested variances will not merely serve as a
convenience to the Applicants, but is necessary to alleviate demonstrable
difficulty.
4. The City Council considered this application at a meeting on July 13, 2015 including
the findings and recommendations of the Planning Commission, reports by City staff,
comments by the Applicants and the public, and the effect of the proposed variances
on the health, safety and welfare of the community as well as the impact on
properties in the vicinity.
Page 2 of 4
Tt`:lH
RESOLUTION OF THE CITY COUNCIL
NO.
6
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
variances 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 Owners, 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 on the above findings, City Council of Orono, Minnesota hereby grants a variance
from Orono Municipal Zoning Code 78-1279 to permit construction of an addition with a 26.8'
lake setback where 75 feet is required; variances from Section 78-305 allowing a 24.9'
setback on the north side and a 21.9' setback on the south where a 30 foot setback is
required, subject to the following conditions:
1. Council approval is based on the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits B & C.
Any amendments to these plans may require further Planning Commission and City
Council review.
2. Hardcover is proposed at 2,985 square feet or 22.3%, however shall not increase
above 3,347 square feet or 25% as permitted in Tier 1. Any changes to the plans or
the Property which result in an increase in hardcover above the existing or allowed
levels are not approved as part of this variance request.
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 must
be completed within one year of the date of Council approval, or the variances will
expire on that date (July 13, 2016).
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 Applicants have read, understand and hereby agreeto the terms of
this resolution and on behalf of their 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 this 13th day of July, 2015.
Page 3 of 4
ATTEST:
19ia6e Tiegs, City Clerk./]
Property Owners
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. b 5 2 7
M- -Ir'e KI& &� -
Lili Tod McMillan, Mayor
This instrument was acknowledged before me this a10 day of
o2 -A by Matthew C. Johnson, a married person.
i
This instrument was acknowledged before me this aw day of ocfb LW -C
J ,
PIP y Susanne L. Jonson, a married person.
Notary Public
Page 4 of 4
Resolution
Exhibit A
EXHIBIT *A*
Pwcsl A: A eMp of knd In (fOverrrr W t Got 1, Ser.Marr 11, Townshtp 117, North, "a 23, Weer Offt FM
PrM*al MerWbn, saki etre d lend hsWro a unNbnrr wkb of aQ Beat wW bounded on the East by the whore of
Latae Min- rI'm rlift and an the VftA by the share of Mud or RmW Lake, CaNwMer!}. The N rM wV ane of which
eddd 80 W *Mp of land Io described ae k dmw- BaOlrmft at a print on" fed SmMtesata* nmrA d ek M
a Ars which bests So& 11Y Emit trmn Me meander oamer of Me NE a0mar of Gwmmnsnt Lot 1, said Section
11; thence N 87' and 40 Min East (WW 43 ban EA4;14.3 feat more or low to tis atrore of Dias Mkumlorft
fhenoe S BT. 48 Mie W mt (Soulh 07 doome then 46 mirndea Wbo 207.27 ib K mane or lase 10 the erste of
Mud ar Round Lela (so4mft ). the 8o*o* bowdwy of said OD trot SW being a In pQaael wgh end OD fiat
& d" from and measured at a We OnWe b the Hard" its of abave deacrIt p . w 19 mpjh ihm no abo n
dsmcftd SW ft PUMIa hbhway - a mall M said tw:k mownba to the UnN ed 8tdo Oarvarrmsnt eurM thereof',
Wope* momme reed not haluded In this ow*wlj
ALSO
Paroel & The SwAhemk* 37.03 fast of Lot 2, Bbxk 1, aragonilt► Hd4 as ft to the recorded plat MM wW,
Hennepin Cain, Mme.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of Orono,
Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the
Orono City Council on July 13, 2015 with the original thereof on file in my office, and the same
is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the City this
20th day of October, 2015.
e Tiegs City Cl k