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HomeMy WebLinkAboutResolution 5330 � , , . �O� , � O �� - � CITY of ORONO a - ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kES�I�g'�G , NO. � � e3 � A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE • SECTION 78-350(B) AND SECTION 78-1288 FILE NO. OS-3108 WHEREAS, Gary A. Christensen & Lynn A. Christensen, husband and wife (hereinafter "the applicants") are the owners of the property located at 3560 Ivy Place within the City of Orono (hereinafter the"City") and legally described as follows: All that part of Lot 185 lying Northeasterly of a line described as follows: Commencing at a point in the Northwesterly line of said Lot 185 distant 4� • feet Northeasterly from the Northwest corner of said lot; thence at a straight line to a point in the Southeasterly line of said lot, which point is distant 45 feet Northeasterly from the most Southerly corner of said lot, in Taylor's Subdivision of Spring Park Lots, according to the plat thereof on file or of record in the offices of the Register of Deeds in and for 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 78-350 (b) to allow the construction of a half story over the existing garage 69' from the OHWL of Lake Minnetonka where 75' is required; and WHEREAS, the applicants have macle application to the City of Orono for � variance io Orono Municipal Zoning Code Section 78-350 (b) to allo�v the construction of a half story over the existing garage 2.5' from the side lot line where 10' is required and 2.5' currently e;cists�; and WIiEREAS, the applicants have inade application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (a) to allow 1,351 s.f. or 32.5% hardcover on the eastern portion of the lot within 75' of tlie OHWL where no hardcover is allowed in conjunction with a half story addition; and • . Pa�e 1 of 6 �� - , , • _ 7' O� . O O � �� s CITY of ORONO � - : � � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ES8�4�G NO. S � � Q WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (a) and (b) to allow 4001.24 s.f. or 47% hardcover �vithiil the 75'-250' setback zone where 25% is nonnally allo�ved, 1,351 s.f. hardcover within the easterly 0-75' zone where 0% is normally allowed, and 2,425 s.f. hardcover within the westerly 0-75' zone where 0% is normally allowed consistent with previous variance approvals detailed in the Resolution associ�ted with zoning file OS-3078 in conjunction with a half story garage addition. NOW, TH�REFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS . 1. This application was reviewed as Zoning File #05-3108. 2. The property is located in the LR-1C One Fainily Lakeshore Residential Zoning District which requires a minimum of 0.5 acre in area and a minimum lot width of 100'. ;. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of hardcover, side setbacic, lalce setback, and average lakeshore setback variances based on the follotivin� findings: a. The property is 0.417 acre in area and has 55' in widtl� measured at a line parallel to the shore or 50' in width perpendicular to the side lot line. b. No additional land is available for acquisition by the applicants to . make the property conforming in area or width. c. The property has 0-75' zones on two sides. � d. The applicants are proposing to reorient the roofline; only attic , stora�e, no additional living space is proposed within the substandarcl • setUacks. Paae 2 of 6 . ,: `a _ � �� O 4 � �� � CITY of ORONO a - � , ti � - ti ` RESOLUTION OF THE CITY COUNCIL ��`�kEsKO�`'�G rvo. � 3 3 0 �� e. Due to the location of the garage any additions or alterations to the south or west sides of the garage require variances. f. Over half of the existing�garage is located within 75' of the lake on the west side of the property. A variance is required to change any portion of the structure within 75' of the lake. � g. The applicants liave agreed to remove portions of nonconforming hardcover and structure in conjunction with setback variance approvals for zoning file#OS-3078. 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. 5. 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 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 a variance to Orono Municipal Zoning Code Sections 78-350(b) and 78-1288 to allow construction of a half story garage addition with a steeper pitched roof 69' from the western OHWL of Lalce Minnetonka and 2.5' from the north side lot line, 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 consistent with • approvals associated with zoning file OS-3078. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 6 . 1 � O� . � � O � CITY of ORONO , � - � ti RESOLUTION OF THE CITY COUNCIL _ ��'l ��'~ . `�kESII�4 NO. e� � � � 2. Hardcover in the easterly 0-75' zone shall not increase above the level of 1,351 s.f. or 32.5%, and hardcover in the westerly 0-75' zone shall not increase above the level of 2,425 s.f. or 42.2%, Hardcover in the 75-250' zone shall be limited to � 4,001.25 s.f. or 47% per tl�e proposed plan ancl hardcover allowance sumnlary as depicted on Exhibit A. Applicants are advised that any firture requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will iiot lilcely be approved without coiicurrent reduction in e:cisting hardcover. . 3. Authorities granted by this resolution run with the properiy not �vith the applicants, but are permissive only and must be exercised by obtaining a building pennit for the new constiltction �vithin one year of the date of Council approval, • or the variance will expire on that date (June 13, Z006). 4. Violation of or non-compliance with any of the tenns 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, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�ns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13`h day of June, 2005. ATTEST: y7�.� U� ,���� -- Linda S. Vee, City Clerk Barbara A. Peterson; Vlayor c�v ; • Prop rty Owner(s) Paae 4 of 6 , � O� � � O �' O a CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �`9kEsII�g'� NO. � � � !l� STATE OF MINNESOT�1 COUNTY OF HENNEPIN The fore�oing instruinent was acknowledged before me on this 13`�' day of June, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. ' i. �I � Not y Public ` ,� ' JACQUELYN M.YOUNG � Notary Publfc-Minnesota .�,�,. My ConwNsHon Expins Jan 31,2010 • STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing ii�strument was acknowledged before me on this /��ay of ��'`''�, 2005 Uy Linda S. Vee, City Clerlc of the City of Orono, a Minnesota mun�cipal corporation and said instrument was executed on behalf of the City. < ��--�.-�. � . t RACHEL DODGE: ;•: ' NOTARYPUBLIC-MIN�l,�y�1';a '` Notary Public � •.;,,.:� My Commission Expi��:;,aQ�,�;t,,: . ..a. �'%�^•:� � , !� • PaQe � of 6 ; , � � . O� � � i � �� � a C ITY of ORONU � � . � . ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ `�k'ES�I�4 NO. � � e� O ST�1TE OF MINNESOTA COUNTY OF HENNEPIN I � This instrument was acknowled�ed before nne this v?7 day of J , ?��5 by Gary A. CYuistensen, husband of Lynn A. Ch.r�stensen. . BARBARA G.SILUS C�h�GL(�{ N07ARYPUBLtC-MINNESOTA Notary Public , � Aqy Commission Explres Jan.31,2008 • STATE OF MTNNESOTA COUNTY OF HENNEPIN . � This instniment�v�s acl<nowledged before me thiso�7 day of , 2005 Uy Lynn A. Christensen, wife of Gary A. Christensen. �� �Q Notary Public BARBARA G.SILUS `s NOTARY PUBLIC-MINNESOTA ' ,.,15„ My Commission Expires Jan.31,2008 • Paae 6 of 6 �. , , . �t � � � ��� .L,�,�� mr,vNFre��',� �. . . �� ��� � � . .�, . , . 9zB, S F�e.s, z�s . � � � • ��� � � � . • � . ' ' � . . , ' � . , . �s.ao' � q3'L i)�,�; , ' ' , • ' . � . . . . � �/ , , . i \\`\ . . , . ' , • • . ' � I � _ • • , ', . ' I , ti 57.00' , �. .�9¢ . . '� . � �-!f, '���` . : ' ' 44.00' , . • � ` .. ��� 4F .:rsz 4p � � ,� 930 . ' ' . , ' � . �P� io�', t l � . � . . ' � . �' .F Rd9 � ,', ' � . ` _ ` . , . . . A, �• sa '{ fF� N[� � . ,('� �/, . • �� � , ����a� t• • ' q'� 1v (�' '"�;� • . ��� I . 4 60� '�o'.f� �A��� �V . , � � . . • . , �I I , •� / �9� . 32.50' . . I Z �' � � • . 30,00' ya 40,00' � ���� . . , � I i:, d � ;� i�, 93� ,. . . � OecK 6 ' , /- , � ., ���l �— . . . l 'iC+•+\'R, //� ° . . . , . . � � � . . . 33.7 B�¢ � • ' , ' - � ti « �. , . . . , . �� . � a° i. �� � . � . � , � . : . I ; � g'{ � � ' • . • I �' I Requ3red Removals • � I , ��` 9� ; •�� ■ Sidewalk and Deck encroachments on . . ��, I . ��: n I ' North side, : . • , � �� � d 1 � i .: . ` � . , Ii .� ±� . � . �• N � Excess sidewalk on the SW corner— '� ' � • �� �� • ;n°., play house to be located in this spot. ,�' ' �•� \ ;'�� � 10' x 16' concrete pad west of the . ' . • /� `� , .. 2¢. � garage. L � ` a Shed to be removed from neighboring 7�� � I � b, F�,pF' • \ properfy by December 1, 2005. . �a � '0 3� � o � / � Play house to be removed frorn . � , ' neighboring property. ' 1"'' • � Play structure to be removed from � � 9I � ''' neighboring proper�y. � . � � K � .::�.�;_,; . .y ' . 0��6•NG'. .�. 1� .ii . . � 'x \ • z. �) " 31 • ; ' � '`. ' . All:ai par c:Loi .�. . 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