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Home My WebLink AboutResolution 5326 ,. . O . . � .� � O � O . 3 CITY of ORONO � � � -� . . - ti RESOLUTION OF THE CITY COUNCIL ti . ��`�kESYi04�G NO. � � � � �: A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288, 78-Y403, AND 78-1.438 . FILE NO. 05-3103 � WHEREAS, Jack R. Olson and Kari Olson, husband and wife (hereinafter "the applicants") are the owners of the property located at 1966 Shadywood Road within the City of Orono (hereinafter the"City") and legally described as follows: � Lot 36, Shady Wood,Hennepin County, Minnesota (hereinafter the"property"); and • WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow a detached garage to be located less than 75' from the OHWL of Lake Minnetonka where no � structure is allowed and 0-75' hardcover resulting in 48% where 0% is normally allowed , and 50% currently exists; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow a detached garage to be constructed resulting in 1,711 s.f. or 30.3% structural coverage on a property where 1,500 s.f. or 26.6% of structural coverage is permitted and 1,271 s.f. or 23% currently exists; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1438 to allow a detached garage to be located 11.5' from the rear lot line where a 30' setback is required where the doors face the street. NOW, T�IEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: � FINDINGS • 1. This application was reviewed as Zoning File OS-3103. Page 1 of 6 � � °� • o o � �� . C ITY of ORONO � � a � �'�t �G'�' RESOWTION OF T�E CITY COUNCIL `�kEsKog' rvo. � 2 6 2. The property is located in the LR-1C, One Family Lakeshore Zoning District which requires a minimum lot area of %z acre and a minimum lot � width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of hardcover and setback variances in order to construct an addition for a garage resulting in no more than 1,500 s.f. of structure, and recommended denial of a � structural coverage variance based on the following findings: , a. The applicants' property is 5,630 s.f. or 0.12 acre in area and has 50' in width. � • b. The property is located on a channel and is entirely located within the 0-75' lakeshore zone. c. There is no additional land available for acquisition by the applicants to make the property conforming. d. The adj acent property has a 20'x 20' detached garage and this proposal will not seem out of character with the immediate neighbors. e. The Planning Commission felt that the channel was a main waterway entrance to the City of Orono and recommended denial of the structural coverage variance as the appearance of increased bulk and massing was of utmost concern. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council reviewed this application at meetings held on May 9 and May 23, 2005 and determined that approval of hardcover, setback and structural � coverage variances in order to construct a 20' x 22' detached garage resulting in no more than 1,711 s.f. of structure was appropriate, based on • the following additional findings: a. The lack of a functional garage on the property serves as a hardship for the applicants. Page 2 of 6 _ � � °� � • o � o � CITY of ORONO ,� : , � ti . �'�� G�' RESOLUTION OF T� CITY COUNCIL � `9kESI1�g' NO. _ � `� G b. The detached garage will appear to lessen the appearance of bulk and massing when compared to an attached garage addition with living space above. c. The proposed garage will be shielded from views from the lake by vegetative screening. 5. The City Council �finds that the conditions existing on this property are � peculiar to it and do not apply generally to otlier 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 applicants,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. 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 Section 78-1288 for 48% or 2,574 s.f. of hardcover within the 0-75' setback zone, and Section 78-1403 to allow 1,711 s.f. or 30.3% structural coverage on a property where 1,500 s.f. or 26.6% of structural coverage is permitted and 1,271 s.f. or 23% currently exists, and Section 78-1438 to allow a 11.5' � setback from the rear lot line where a 30' setback is required where the garage doors face the street 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 Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2,574 s.f. or 48% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or • change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 � °� �� o �, o � C ITY of ORONO � � �, . ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESII�g'�G NO. �! � � �. • 3. Applicants shall remove all plastic or fabiic liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover swrfaces. 4. Required removals of hardcover shall be completed by the footing inspection for the detached garage. 5. Applicants are advised that the City Council intends that the level of structural coverage approved via this variance is the maximum that should be approved for this property, and future requests for additional structural coverage are not likely to be approved. 6. The applicants must provide and City staff must approve of a landscape plan • which will provide screening of the detached garage from the channel prior to the issuance of a building permit for the detached gaxage. The approved landscape plan must be implemented prior to a final inspection of the detached garage. 7. 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 (May 23, 2006). 8. 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. 9. The undersigned applicants have read, understand 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 4 of 6 � °� � • o � o � � - : � C ITY of ORONU ti - ti RESOLUTION OF THE CITY COUNCIL ��`9kEsII�g'�G NO. s� � � � Adopted by the Orono City Council on the 23rd day of May, 2005. ATTEST: U - Li da S. Vee, City Clerk Barbara A. Peterson,Mayor � r • • operty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN � r The foregoing instrument was acknowledged before me on thisa 3 day of ',/�/�cx�..<�, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � RACHEL DODGE � ��- ��_ ;` NOTARY PUBLIC-MINNESOTA Notary Public . _.,,,,: My Commission Expires Jan.31,2010 . , �. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�6 day of � � , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota muni pal corporation and said instrument was executed on behalf of the City: • RACHEL DODGE �` � �'�-A `f`� �D�'•�--' — NOTARYPUBLIC-MINNESOTA Notary Public ��a�s�.� My Commission Expires Jan.31,201p � Page 5 of 6 � o� � o 0 �� CITY of ORONO � � : ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESI3�g'�G NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN . �� This instrument was acknowledged before nle this.3� day of ./yl �iy , 2005 by Jack R. Olson,husband of Kari Olson. �� LINDA S.VEE Notary Public '4 NOTARY PUBLIC-MINNESOTA y .,�,:. My Commission Expires Jan.31,2010 • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of s'7 Vy� , 2005 by Kari Olson,wife of Jack R. Olson. DENISE M. LESKINEN Notary Public - - NOTARY PUBLIC•MINNESOTA ��,,y+:� My Commission Expires Jan.31,2010 .:.K;. .� • Page 6 of 6 _ . , 3j!: FRANK R CARDARELLE; 952-941 -3030; Apr-13-05 1 :51PM; Page 2/2 It�CARDAR��.I�� . �� Land Surveyor 9��,�031• ,�� . Eden.Prairie, MN 55344 � �� , 6 . aurvey For �a c k O 1 s o ri Boak Page File 6 3 9 9 � � ... .._ __.._ _� 1966 Shadywood Road Orono , MN � . ` ' . 1 �^ --a;=--=�=- :��:_-;,-='�a= =�'� / :�_.�_._;._`._,;.—�;r......�,—__ri�=-_.K� :•-- -..�= . ._, t_.. •—. , CH�lNN�,T, � � � � �,�7�er,� ��•N. . , �� G�UD��,G p� ��. �z8•s :-i�- ax- � �k��nn�7.C�an.1�e &�Fet1G�1 ev . 931 . 0 ��r�, . � 'r';—''��''^^--_�-=. -:�=�_-�—_ - _..r��:.,t----�__:—�--a=..�� ._ , �',�y� ` �P �� r,s•°'c� �v. mm �eo .�m� �� \J�� Q�{` . � ; � � o �� ;�� ,�,. 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Concrete Waik � � � � 'Deck Area ; 350 sq . ft , ��6; sq . f� . � � Exis't , HoUSe : 1271 sq , ft , ' • B1acktop Driye : 12p0 sq . ft . �4epping Stones to Dqcl; : 3Q sq . ft , � - � . � , io�at haraco�ler : 2836 �c� , fi , � � Lot Cq�ierage 50 . 37% Exisiipg �° � ��3� � ,Pro osed Gara�e : � ��D _59 . rt , i�5 T�� o� a��,o�:�� ,7 r� s� �� l � _� To�al :Loi Coverage after � 25�ys� l ��d�� _ ` � � g r , const . �Q , i , reinovG � --o'�— Y",:�:•.?,,a: .::�i:.:i•:: . � �d ��--Ara�o�� rs.r. �e,��:�� . .