HomeMy WebLinkAbout1985-08-26 Resolution #1838city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1838
a
A RBSOLUTION GRANTIN: A VARIANCE TO MUNICIPAL.
ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2
ADD SECTION 10.44, SUBDIVISION 8 - FILE 9932
WHEREAS, Ward E. Edwards (hereinafter "the applicant") is
owner of the property located at 2474 Carman Street within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 11, Block 6, Townsite of Langdon Park (hereinafter "the
property"); and
WHERFAS, the applicant has applied to the City for a variance
to Municipal Zoning Code Sections 10.22, Subdivision 1 and 10.55
Subdivision 8 to allow the construction of a new home located partially
within the 0-75' lakeshore setback area where no structures are
allowed, and requesting a variance to Section 10.22, Subdivision 2 to
allow a total of 2,960 square feet of hardcover or 15.8% in the 0-75'
setback zone at the building site, where no hardcover is allowed and to
allow 3,390 square feet of hardcover or 30.09 in the 75-250' lakeshore
setback zone at the building site, where only 251 hardcover is normally
allowed, and is requesting a variance to the average lakeshore setback
from the lagoon or north side of the bu Iding site.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This applicaticn was reviewed as zoning file #932.
2. The portion of the property to be used as a building site is
located in the LR -1B Single Family Lakeshore Residential
Zoning District, and the portion of the property north of the
lagoon is zoned LR -1C-1, one -Family Lakeshore Residential
Subdistrict.
3. The Orono Planning Commission reviewed this application on
June 17, 1985, and recommended approval of the proposed
variance based upon the following findings:
A) No lot width variance is required since the 125' lot width
is 80% or more of the 140' requirement.
B) A number of methods can be used in determining the actual
percentages of hardcover on the property:
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1838
�r
(1) Based on crediting only the land at the building
site, the 0-75' hardcover proposed is 2,960 square feet or
15.8% and in the 75-250' zorte is 3,380 square feet or
30.00.
(2) Based on also crediting the northerly portions of the
property for the hardcover calculations, 0-75' hardcover
is 2,960 square feet or 10.5% and in the 75-250' zone is
3,380 square feet or 10.2%.
(3) Based on calculating 0-75' and 75-190' from the
lagoon, only crediting the building site, and with
drainage all directed to the lagoon, 0-75' lagoon setback
hardcover is 14.9% (all existing driveway), in the 75-
190' lagoon setback is 34.4%0 and in the lakeshore 0-50'
setback is 09.
C) Applicant should not be penalized for the existing driveway
hardcover in the lagoon 0-75' zone, and in fact his driveway
proposal minimizes the additional driveway hardcover
required.
D) The neighbors' request for the lakeshore setback and
average setback variances to allow for the least disruptive
sightlines, to maintain uniformity, and the capability to
direct all drainage over 100' of relatively flat lawn area,
justify the granting of a variance to the lakeshore setback.
E) The unique characteristics of the property i.e. the
proposed building site separated from the rest of the property
by a lagoon, constitute a valid hardship to the property.
F) The variances can be granted without permanent crediting of
lot area north of the lagoon.
4. The City Council in reviewing this parcel finds that the
property taken in its entirety, including area north of the
lagoon, meets or exceeds the 1 acre lot area requirements for the
LR -1B Zoning District.
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.
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generaliv 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 intent of the Zoning Code end
Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 1 and Section 10.55, Subdivision 8, to allow the
construction of a new home located partially within the 0-75'
lakeshore setback area where no structures are normally allowed, and
grants a variance to Section 10.22, Subdivision 2 to allow a total of
2,960 square feet of hardcover (or 15.8%) in the 0-75' setback zone at
the building a where no hardcover is allowed, and to allow 3,380
square feet of ' rdcover (or 30%) in the 75-250' lakeshore setback zone
at the building site, where only 251 har1cover is normally allowed, and
grants a variance to Section 10.22, Subdivision 1, to allow
encroachment on the average lakeshore setback from the lagoon (or
north) side of the building site, subject to the following conditions:
1. All drainage from the proposed house must be directed toward
the lagoon to gain the maximum possible infiltration time
and distance.
2. A site grading plan must '•e submitted for staff approval prior
to issuance of a build -.ng permit.
3. Applicant is plak;c:. or notice that future additions of
hardco,ar at the building site will not automatically be
approved and would likely be subject to removal of equivalent
amounts of existing hardcover.
4. Lowest floor elevation must be 932.5 MSL or higher.
5. 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 (August 26, 1986).
6. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shell automatically terminate any authority
granted herein, ana shall be punishable as a misdemeanor.
Page 3 of 5
1985.
ATTES�s
City of ORONO
RESOLUTION OF THE CITY COUNCIL
IYL+. _ _ 1838
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.
Adopted by the Orono City Council on this 26 th day of August,
i
h '/�
allin, City
I' 0 MARMOT 0'
Mary C. ButAer, Mayor
(2) Property Owner Spouse
Page 4 of 5
f
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
city of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
On this `K day of Av(,UST /jA�
before me a Notary rcblic with- n and for said county, personally
appeared �/�ypr,E,F �qabS4tA�j.;,wA �ac,,%g 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.
FvkON P
Ar
P�E50Th '�
N,r!`^'— N 9G�OVTM,oeT NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1985, 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
MY COMMISSION EXPIRES
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