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Home My WebLink About1988-06-27 Resolution #2462City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2462 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1288 WHEREAS, Ward E. Edwards (hereir.after "the applicant") is the 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 WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 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 3,380 square feet of hardcover or 30.0% in the 75-250' lakeshore setback zone at the building site, where only 25% hardcover is normally allowed, and is requesting a variance to the average lakeshore setback from the lagoon or north side of the building site. Minnesota: NOW, THEREFORE, HE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1288. 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. Resolution #1838 adopted by the City Council on August 26, 1985 approved the proposed variances based on specific noted findings and subject to specific noted conditions. The applicant never started construction pursuant to the variance, and the variance expired on August 26, 1986. On May 13, 1988, the applicant applied to renew the variances previously granted, with no changes from his original request. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ?462 4. The Orono Planning Commission reviewed this application on June 6, 1988, and recommended approval of the proposed variances based upon the following findings: A) No lot width variance is required since the 125' lot width meets 80% or more of 'he 140' requirement. B) A number of methods can be used in determining the actual percentages of hardcover on the property: 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' zone is 3,380 square feet or 30.0%. 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%, and in the lakeshore 0-50' setback is 0%. 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. 5. 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. Page 2 of 5 City Of ORONO RESOLUTION Of THE CITY COUNCIL NO. 2452 6. 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. 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 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 demon- strable 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 and Comprehensive Plan of the City. CONCLUSIONS, ORDRR AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants 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 grants a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.80 in the 0-75' setback zone at the building site, where no hardcover is allowed and to allow 3,380 square feet of hardcover or 30.01 in the 75-250' lakeshore setback zone at the building site, where only 251 hardcover 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 be submitted for staff approval prior to issuance of a building permit. 3. Applicant is placed on notice that future additions of hardcover 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 332.5 MSL or higher. Page 3 of 5 City of GRONO RESOLUTION OF THE CITY COUNCIL NO. 2462 5. Authorities granted with this resolution run with the property not with the applicanta, 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 (June 27, 1988). 6. 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. 7. The undersigned applicant have 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. "A -A &U- --^ ^'ty Council on this 27th day of T. 1988. James x. cracex/-mayor Edward J. Ca_i./ian, Jr., Acting Mayor Page 4 of 5 City of ORONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL NO. 2462 On this '27 day of J-eol/ , 1W8 before me a Notary Public within and for aid county, personally appeared e. -if, 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. .SIA ..t NOTARY PUBLIC —� NFARY NEN.. IOU,�ttT�on MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 198, before me a Notary Pyy��blic within and for said'County, personally appeared / (9 CL'Gf 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. MARLYS /(�tfLOc yi �S �ftL NOTARY PUBLIC—M,t. NOTARY PUBYIC c / ISO, TIEPIN COUNTY c4amew WM June y. Trio ■ • n MY COMMISSION EXPIRES Page 5 of 5