HomeMy WebLinkAbout1978-07-24 Resolution #923c f ff Of 0Roli o
Post Office Box 66•Gystal Bay, Minnesota 5M230Municipwl Officev Teleohone47&7357
J
Mr. John Swanson
2795 Casco Point Road .ter
Wayzata,
Minnesota 55391
NOTICE OF CITY COUNCIL ACTION
Control No. 37_7_
XX Variance
Conditional Use Permit
Subdivision, Prelim.
Subdivision, Final
Date of
Meeting:
July
25,
1978
Votes:
4 For
_0
—
Against Abstention
Action: _ Approval:
-XX-Approval:
_ Deferral:
Referral:
— Denial:
Date of Notice 7-27-78
As submitted subject to applicable ordinance requirements
Subject to t-onditions noted
Pending receipt of information noted
Review by others, as noted
For reasons noted
NOTES & SPECIAL CONDITIONS: Approved building plans according to attached
Resolution No. 923. The City will file a. copy of this resolution in the
chain of title of your property. You have signed one copy of the
resolution; a second copy must be signed for the City's records prior to
issuance of the building permit) please sign and return one of the
two attached copies).
Deadlines: X
Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
Conditional Use Approval Must be renewed annually.
Expires on
Must be renewed upon change in
ownership or use.
_
Preliminary Subdivision approval e3-•pires after one year of
meeting date.
Contact Zoning Administration for
_ Final Subdivision approval expires 6
Contact Zoning Administration for
document approval.
final plat requirements.
months after meeting date.
filing requirements and
_ Deferred items may be declared formally withdrawn
fails to provide information within one month
date, or by date specified by Council.
if applicant
of meeting
If you desire certified copies of the official City Council Minutes, they
are available from the Deputy City Clerk upon review and approval by the
Council.
R ESC LUTI ON NO. 923
A RESOLUTIC rNYING A GUEST HOUSE CONDITIONAL USE PERMIT
BUT APPROVING CERTAIN VARIANCES FOR JOHN SWANSON
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council f the City of Orono has adopted
zoning regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, the City Council has considered the application
for a Guest House Conditional Use Permit, by John Swanson, of
2795 Casco Point Road;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby makes the following findings of fact:
1. That on April 10, 1978, Mr. John Swanson applied for
a Guest House Conditional Use Permit for "two additional
residential units for living quarters of families of both
Mr. and Mrs. Swanson".
2. That plans submitted with the application show two
additions to the existing single family home: one apartment
in an expanded basement area and one apartment over a new
garage.
3. That the Swanson home, 2795 Casco Point Road, Lot 129
and S1/2 of Lot 130, Spring Park Addition, is in the
LR -1C single family lakeshore residential zoning district.
4. That the LR -10 zone, Section 34.552 of the Orono Zoning
Code, requires at least 1/2 acre (21,780 s.f.) of area for
each residential unit.
5. That the Swanson lot contains .79 acre (34,500 s.f.).
6. That Section 34.027 of the Orono Zoning Code provides
for Guest Houses as a conditional use in residential zones
providing "all regular lot requirements shall be met".
7. That on several occasions, neighboring property owners
have appeared before the City Council objecting to additional
living units on the Swanson house.
'Resolution No.
Page 2
8. That pursuant to review by the Planning Commission
on April 24, 1978 and May 8, 1978, and review by the City
Council on June 15, 1978 and June 29, 1978, Mr. Swanson
revised his construction plans to omit separate kitchen
and bathroom facilities in the additions and providing
instead a bedroom addition over the garage and an
amusemeit room addition in the basement.
9. That the garage addition as revised meets all the
performance standards of the Orono Zoning Code.
10. That the basement addition as revised does require
variances from two provisions of the Orono Zoning Code:
a) The aalition further encroaches a substandard side
lot setback. oe:tion 34.552 requires a side setback
of 10.0 ft. The txisting setback is 9.0 ft. The
proposed setback i; 8.7 ft. following existing line
of the house. Va ance required 1.3 ft. = 13%.
b) The addition further encroaches the lakeshore
setback ahead of the two adjacent houses. Section
34.201 prohibits construction closer to the shoreline
than the average distance from the shoreline of existing
residence buildings on adjacent and nearby Iota. The
existing Swanson house is 15 ft. foreward of a line
between the adjacent houses. The proposed addition
is 21 ft. foreward of the same line. Variance
required: 6 ft.
11. That the proposed basement addition is almost entirely
below the grade of the adjoining lots and will not obstruct
the view of the lakeshore from the adjoining houses.
12. That a hardship exists in that there is an existing
unstable slope leading to a walkout basement in the area
of the proposed basement addition, and that the addition
will have the effect of retaining and stabilizing this
slope without causing any new slope problem.
'Resolution No.
'- Page 3
AND BE IT FURThERMORE RESOLVED,, that based upon the above
findings of fact, the pity Council of the City of Orono hereby denys
the request for a Guest Nouse Conditional Use Fennit and hereby approves
a side yard setback variance of 1.3 ft. and an average lakeshore setback
variance of 21 ft. subject to the following conditions:
1. The proposed basement addition shall never be expanded
vertically beyond what is shown on Mr. Swanson's drawings
received by the City on June 29, 1978 (excluding unenclosed
decks shown thereon).
2. The proposed basement and over -garage additions are
additions to single-family residential living space only
and nay never be used for nor converted for rental use in
violation of applicable Orono Zoning Code requirements.
3. The applicant shall review and approve this resolution,
which approval shall be indicated by endorsement hereon
by Mr. and Mrs. Swanson and all other persons with legal or
equitable interest in the property.
4. The City shall cause
to be filed in the chain
thirty (30) days
City Council.
of the
Dated this day o
ATTEST:
an original copy of this res,_)lution
of title of the property within
approval of this resolution by the
William B. Van NF-st,
alter R.efig6n, Clerk/Administrator
mayor
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