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HomeMy WebLinkAboutResolution 54294 I1'�►!��,�1, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5429 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279,78-1288, AND 78-1403 FILE NO. 05-3147 WHEREAS, Steven R. Sundby and Janna S. Sundby, husband and wife (hereinafter "the applicants") are the owners of the property located at 3587 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lots 8 and 9, Block 2, `Baldur Park', Hennepin County, Minnesota lying South of the Southeasterly line of County Road No. 51 (hereinafter the "property"); and •WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279, 78-1288 and 78-1403 to allow construction of a 5'x 8' covered entry, including a lake setback variance to permit a lake setback of 49' from the 929.4' OHWL when 75' is normally required and 21' currently exists; a hardcover variance to permit 65% hardcover within the 0-75' zone where 0% is normally allowed and 65% currently exists; and a structural coverage variance to permit 28% structural coverage where 1500 s.f. (or 24%) is normally allowed and 27% currently exists. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #05-3147. 2. The property is located in the LR -IC One Family Lakeshore Residential Zoning District, which requires minimum lot area of 0.5 acres and minimum lot width of 100'. The lot contains 0.14 acres in area, and is 108 feet in width at the shoreline and 62 feet in width at the 75' setback line. 3. The Planning Commission reviewed this application at a public hearing held on January 17, 2006 and recommended approval of the variances on a vote of 3 ayes and 2 nays, based on the following findings: Page 1 of 5 �� 0 • 1�� • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5 4 2 9 a) The lot is extremely small and the majority of existing hardcover is in the 0- 75' setback zone. b) The covered entry as proposed is over existing hardcover and will not increase hardcover on the property. C) The covered entry as proposed is of a size and in a location that will have minimal visual impact in terms of the bulk and massing of structure on the property. d) The location of the covered entry within 75' of the shoreline is necessary because the entry door it serves is only 49' from the shoreline. e) The covered entry is necessary to help solve a roof runoffproblem caused by the design of the entryway directly below the outlet of a roof valley. f) The replacement of retaining walls as requested in the initial application is not a part of this current review. 4. The City Council has considered this application 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. 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 applicants and owners, 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. Page 2of5 • • CITY of ORONO RESOLUTION OF THB�CATy ()OUNCIL NO. 5429 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 Sections 78-1279, 78-1288 and 78-1403 to allow construction of a 5' x 8' covered entry, including a lake setback variance to permit a lake setback of 49' from the 929.4' OHWL when 75' is normally required and 21' currently exists; a hardcover variance to permit 65% hardcover within the 0-75' zone where 0% is normally allowed and 65% currently exists; and a structural coverage variance to permit 28% structural coverage where 1500 s.f. (or 24%) is normally allowed and 27% currently exists, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further City Council review. 2. Applicants are advised that hardcover in the 0-75' zone shall not increase above the existing level of 3620 s.f. or 65%. Hardcover in the 75-250' zone shall not increase above the existing level of 108 s.f. or 13.9%. The above square footages and percentages are subject to any revisions that may occur as a result of future City approval of retaining wall replacement. Applicants are advised that any future requests to increase hardcover shall require City approval. 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 within one year of the date of Council approval, or the variance will expire on that date (February 27, 2007). 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, understood 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. Page 3 of 5 ATTEST: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. . 5429 Adopted by the Orono City Council on this 27th day of February, 2006. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this .1-1 day of £ , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. COUNTY OF HENNEPIN "6 Nota Public The foregoing instrument was acknowledged before me on this I day of 1A� , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LAI III Biel Notary Public Page 4 of 5 • • r� 040�'0 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. '.5429 This instrument was acknowledged before me this 2' day of us t , 2006 by Steven R. Sundby, husband of Janna S. Sundby. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this day of 'r , 2006 by Janna S. Sundby, wife of Steven R. Sundby. Page 5 of 5 lu 0 I __-_-COUNTY ROAD 51(C NTERLINE OF TRAVEL) I .. pv'l V",W mfomm �ov�RED LCR`{