The URL can be used to link to this page

Home My WebLink AboutResolution 6063 � o� f Q 0 � � CITY of ORONO �'� G~ RESOLUTION OF THE CITY COUNCIL �`�kEsHo�`� No. 6 0 6 3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1435; 78-1403; AND 78-1288 FILE NO. 11-3514 WHEREAS, Brian Peters, a single person and Lynne Marie James, a single person (hereinafter "the Applicants") are the owners of the property located at 1978 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as: Lots 38 & 39, Shady-Wood, 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 78-1403 to allow 17.3% lot coverage by ( structures where 16.3% currently exists and 15% is normally allowed in order to construct a 24'x24' detached garage; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow the proposed detached garage to be located 9.7 feet from the rear lot line where a 10-foot setback is required; 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 47%hardcover within the 75' to 250' setback zone where 57.9% currently exists and 25% is normally allowed in conjunction with construction of a detached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3514. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100 feet. Page 1 of 5 � � o� �- o 0 � � CITY of ORONO �'� G~ RESOLUTION OF THE CITY COUNCIL �`�kE88o�`'� NO. G O F 3 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2011 and recommended approval of variances based on the following findings: a. The property contains 13,850 s.f. in area and has 100 feet in width at the OHWL and 100 feet in width at the 75-foot setback. b. The lot is substandard in area and a residence has existed on the property for many years. c. The 75-foot setback runs approximately through the center of the lot resulting in a shallow buildable area. d. There is no additional land available to bring the lot width or lot area into conformity. � e. The hardcover and structural coverage variances as requested are in line with the levels of variances approved on lots with similar conditions. f. The proposed structure complies with la.ke, side yard, and average lakeshore setback requirements; the 10-foot setback between buildings has been met. g. The Applicants' request will alleviate a practical difficulty inherent to the property and not created by the Applicants. h. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. i. Replacement of the existing 18'x22' detached garage with a new 24'x24' detached garage will result in minimal additional massing on the Property. j. The Applicants' request is in hannony with the putpose and intent of the ordinance. k. The Applicants have demonstrated that enforcing the setback, hardcover and structural coverage provisions of the Zoning Ordinance deprive the Applicants � of the reasonable use of their property. Page 2 of 5 � o� � o 0 ,� -;. �, CITY of ORONO ti �'�� G~ RESOLUTION OF THE CITY COUNCIL �kEsYi�� NO. _ � n � � 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, coinments 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 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 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 variances to Orono Municipal Zoning Code Section 78-1403 to allow 17.3% lot coverage by stxuctures where 16.3% currently exists and 15% is normally allowed; and Orono Municipal Zoning Code Section 78-1435 to allow the proposed detached garage to be located 9.7 feet from the rear lot line where a 10-foot setback is required; and Orono Municipal Zoning Code Section 78-1288 to allow 47% hardcover within the 75' to 250' setback zone where 57.9% currently exists and 25% is normally allowed in order to construct a 24'x24' detached garage, subject to the following conditions: 1. Council approval is based on the building and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 1,630 s.f. or 21.1%. Hardcover in the 75-250' zone shall be limited to 2,911 s.f. or 47%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 hardcover. t Page3of5 � o� �� o 0 CITY of ORONO � � ti �'� G~ RESOLUTION OF THE CITY COUNCIL �`�k'ESIi04� NO. _ 6 b 6 � 3. The building plans submitted for building pernut will be reviewed to ensure compliance with the City's building height and number of stories regulations. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the properiy to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the garage. 6. Authorities granted by this resolution run with the property not with the applicants, but are pernussive 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 variance will expire on that date(August 8, 2012). ( 7. Violation of or non-compliance with any of the tertns 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. 8. 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 8`h day of August, 2011. ATTEST: ��.� .4• ��-c� � , Linda S. Vee, City Clerk Lili Tod McMillan, Mayor � - �` ,t�• �'�` . Property Owner(s) % 1 Page 4 of 5 � O� �� O 4 � � CITY of ORONO ti �'�� G~ RESOLUTION OF THE CITY COUNCIL `�k'EsHo4` No. 6 0 b 3 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ��day of �- , 2011 by Brian Peters, a single person. RACHELDODGE �-'�C'�c-.i. G��.l^ IJU�'-�'� NOTARY PUBLIC.bpNNESpTA My Comrnissian Ex��,31,�15 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ( This instrument was acknowledged before me this �0 day of �} U , 2011 by Lynne Marie James, a single person. Notary Public BA? R'� g�.SILUS NOTARY PUBLIC-NNNNESOTA My Comm�ssion ExP�es Jan.31,2013 � Page 5 of 5 \ �---- � � __—� ---=_= 47- - - - - - � ° 20 40 60 ` � � -� � � \ GARAGE EXISTING t I1 SCQLE IN FEET � � ��•3 HOUSE \ � � � �` = EXISTING SPOT ELEVATION. o "' �°3'�9 ^ #�9�2 I \ � X(998.Ok PROPOSED SPOT ELEVATION �� \� \ � S "'= DIRECTION SURFACE DRAINAGE �� (" REMOVE EX/:�TING , - '�� 31 `� �,� \ � t� \\ �'.. �. S GARAGE AND�DR/VES� �� \ I�' I a� \ � � OHL = OVERHEAD UTILITY LINE �;o; j� AS SHOW/V o �` � � I �~x93 � �� \ GFE = GARAGE FLOOR ELEVATION ��S� C� y�s ? ` �°� � � FFE = FINISH FLOOR ELEVATION a5�� 9� ` � � '�°`� � �� \ � a ' UG = UNDERGROUND UTIUTY �2i� A \ � �� ' � a �o � 5�3 �oo°P�\ � STRHC = STRUCTURAL HARDCOVER �� [� �1 \ s�9 �-��3 � N ,` 3��Se� � V.s Eo � ��=� �a�"? �s�� -9�' � 9�-- HARDCOVER i� � � �''�Q ro 3 \ \ 33 9.y-s•`� �gP � a � �o �i�@ _ i _ _ _ � _ - .� \ y,eti�' D 0-75 AREA = 7700 SF � � . q-_ �� \ \ cF'ROP sa.e � g TO �\'�� \ � ro°�arn Q \ U) � �F ,� � �I� OOYFE ��•et�� EXISTlN6 � �^�� t�•e z cv � � -�` • GF �• I � \ �' �� 6 � ' 93 � m AND STRUCTURAL o o`m`� u`��rn � 1 w �- � � � � � � � PROPOSED HARDCOVER m �N�� N � 1D `� • 3� � \\ � o HOUSE = 1000 SF - t000SF/t3� \ 4. �o.s � � DECK = 390 SF STRHC � � \� � �� y �'�� /°'�pg � S�HOU EG � 9�� ,o ��'��\�`�� ='�" o CNPATIO = 235 SF � � � � � � � �^ ' T��3ji �"��1978 N Q� � \\�\� o�y� LNOSCP = 225 SF (N/C) � �' yl N c`� � o -- �' �+ - ,�, \ �o TOTAL = 1630 SF/ 21.1T. W s� �� \\ OO y��s' `n �I � N \,�� ; \ e�,� � �� N O � � � \ � v� � � � �� i \9�, \� �9 �'� �5-250 AREA = 6150 SF m � ((/��j � \ � �WI A � — g� =935.6 —� 1 y � i X 25% = 1537 SFHCA l�, \ �\ 9.�a° \ �' \m 0.�Sto W►� FF�938.1 �' i i \° ,�� o = �� \1� i � EXISTING � � �.! a I �' � 9gn� - �� 1\� � \ \ � � 1 I0�' ' � � �.o an � _ - - �� HOUSE = 825 SF 1260SF O � � � � (� ` � � y� ao.2 _�.�� - �� z GARAGE = 435 SF�2o.59' STRHC W � ((� � D 3,,9 0 .y,,9 --"Cs oc . __ ._.� ..�... -- � � � STWKS = 190 SF � �Ll 1\ \ 9 , .� � � �b� ....��" �� a ti'�\�� DRIVE - 1980 SF � � � � ` � 1 � ` � �9�Ap,,..-- �y, ��9�s"• �Sv+ \ � D LNDSCP = 130 SF � � � � � e"s"�...�I�"" � �� o ssei'�' ,y,3,°i �� TOTAL = 3560 SF/ 57.9% Q � � �M .'_'`./ pA I g J+ � g'S�'�. ` � � � r.l \ �..,. ....._--9�y� / — 9'S '�4' W` 9�Ag ' � � � �• ``yg ',��9 PROPOSED � �l t�'f r ` EOGE BIT o • N , � ti� �� NO(/SE = 825 SF �'" � �9 �36 �°'9"S�`6 .y � v2"w Taa,�o GARAGE = 576 SF�22B%STRHC � REMOVE EX/STING s-�-''" GARAGE EXISTING � 93 �' � OR/VE = 1190 SF � �� DRIt/E AS S�yOWN '� \ HOUSE Qo� � STNWKS = 190 SF � ��s p� � �1990 LNOSCP = 130 SF � SURVEY IS SUBJECT TO CHANGE LEGAL ESCRIPTION: � TOTAL = 2911 SF/ 47.0.�' � � � �,� �� 9,�6A�' PER TITLE OR EASEMENT INFORMATION LOTS 3 & 39, SHADY-W00 � � � NOTE - EXI:�TING HOUS AIN FL�OR�VERIFY ALL DIMENSIONS AND HENN. C ., MN. � 649 SF / 105.� �� o � � ELEVATION ��F 936.1 4.6 FEET �LEVATIONS WITH HOUSE PLANS ADDRESS-1978 SHADYWOOD RD�, N o � ABOVE THE 100 YFE OF 931.5 ' \ PID#17-117-23-24-0026 �� ao�8�'�" V'�RIFY ALL SETBACKS WITH CITY LOT AREA =13850 SF/0.32 AC �� a a�� \ �� '��0 �n� � � �. ��- , � r�� ;�� ..�..d,..` v��, �..� •� 0 •� m � �y J � w'M '�� F�f � (�1'; � �j�. �r__________________—� .aY� i' �� i� � ,; ,; � � q jEi � �I �I �� C�� .� II II H � I 1 �I �I II 1I � �1 �I Y I� I� I I I� I� 'j I� I� �� I I �� I � "__ ' ___' • ��> �I II � � �SM I� I� � I �� I I I �I.�...wooa I d��Y LI� J� � wc�m � §�4� ______ ___''_____'J I u�n� FOUNDATION P nni Mxl.W• � �[.Vt.FL�{�K ��o� � �.i.urn r.waar M waow w.or O� __—_—_ --_ a - -_ _____ FRONT ELEveTinni w...��a.�a fjIGHT SIDE F� FVATION .�.�,�.�a a::�: �tECEiVED 19780RONO�MN �- �n 3 � JUN 2 2 2011 . `�- � crnr oF oRotvo �� . �.�