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Home My WebLink AboutResolution 5477• C7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5477 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 06-3203 WHEREAS, Jamie Wilson, married (hereinafter "the applicant") is the owner of the property located at 745 Spring Hill Road within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Spring Hill Estates, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the applicant has made application to the City of Orono for a structure setback variance to Orono Municipal Zoning Code Section 78-1279 to allow expansion of an existing accessory structure located less than 150' from the shoreline of Lydiard Lake where no structures are normally allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 15, 2006, at.which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #06-3203. 2. The Property is located in the RR -1B Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The Property is 6.3 acres in area and 625' in defined width. 3. The existing 1300 s.f. footprint 2 -story building was constructed in 1987 pursuant to the conditions of Resolution No. 2212 which granted it a CUP for guest house use and a variance for exceeding 1,000 s.f. floor area. Page 1 of 6 • 0 o� o CITY of ORONO ONti RESOLUTION OF \THE I 4 7 COUNCIL k SI30 NO. 4. Code changes since 1987 that have an impact on expansion of this structure include: a) In 1989 the Oversize Accessory Structure Ordinance was adopted, which allows structures over 1,000 s.f. area, based on the size of the lot; the existing and proposed structure no longer require a variance, but are subject to certain restrictions via covenants; and b) In 1992 the Shoreland Ordinance was adopted which declared Lydiard Lake as a Natural Environment Lake requiring a 150' setback for structures, hence most pre-existing structures less than 150' from the shore became legal nonconformities. The result of these Code revisions is that expansion of the existing garage /guest house now requires a location variance, but the size of the proposed structure fits within the limits for the 6.3 acre lot in which it is located, requiring the establishment of an additional covenant. 5. The Planning Commission reviewed this application at a public hearing held on May 15, 2006 and on a vote of 4-1 recommended approval of the lakeshore setback variance as proposed, subject to execution of the standard Oversize Accessory Structure Covenant, based on the following findings: a) The existing location of the building is a hardship, and expansion of it in the proposed location and style will not be detrimental to the lake nor be out of character with the neighborhood. b) The building more than meets other setback requirements, and is located to have no impact on views of the lake enjoyed by neighboring property owners. c) The existing building is connected to a septic system that was new in 2005, and the proposed addition does not increase the expected water use of the building. Page2of6 is CITY of ORONO RESOLUTION OF TT JVCOUNCIL NO. // (( d) The proposed expansion and remodeling will enclose a sport court. The additions will be in the same faced style of the existing building. The proposed expansion does not violate any conditions of the existing guest house CUP. 6. The applicant has agreed to execute the standard Oversize Accessory Structure Covenant to be filed in the title of the property placing limitations on future subdivision of the property that would make the structure nonconforming in size. 7. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council fmds 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 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 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 a structure setback variance to Orono Municipal Zoning Code Section 78-1279 to allow expansion of an existing accessory structure located less than 150' from the shoreline of Lydiard Lake where no structures are normally allowed, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to said plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5477 3. The applicant shall execute the standard Oversize Accessory Structure Covenant prior to issuance of a building permit for the addition. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining the appropriate building permit for the new construction within one year of the date of Council approval, or the approvals within this resolution will expire on that date (June 12, 2007). 5. 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. 6. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the 121h day of June, 2006. ATTEST: Al Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Pop rty Owner(s) V5�0 S Page 4 of 6 • • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5477 The foregoing instrument was acknowledged before me on this /3 -0^ y 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. W JJJJIJJlIJJJIJ!lJIJ..•l-'RACHEL DOD E Notary Public TA • ' RY • U UBLIC - • 1 1 1J J✓J�/S/JJJJJJJJJl STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisc day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota 4utcipa—lco—rpor'ation and said instrument was executed on behalf of the City. l`�JJJJIJJJJJRACHEL IJJJJJJJJJJJ... �Jf. /IJX �` NOTARY PUBLIC�INNES' (1111 My Commission Expir "i Notary Public es jan. 31, 2010 �J•lfl,/JJJJJJJJ�JJJJJJJ.IJ✓JJ ./1 Page 5 of 6 • r 1 LJ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. q This instrument was acknowledged before me this ( day of 2006 by Jamie Wilson, wife of David Ericson, husband and wife. CINotary ANNEJOHNSON Public -Minnesota mission Expires Jan 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me thi � day of (�l 2006 by David Ericson, husband of Jamie Wilson, husband and wife. 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