HomeMy WebLinkAbout1995-09-11 Resolution 3602 Pg1�r.A-,���4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLL71ON GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B),
SECTION 10.22, SLBDIVISIONS 1 & 2, AND
SECTION 10.:6, SUBDIVISION 16 (L)
AND DENYING A SIDE SETBACK VARIANCE TO
SECTION 10.25, SUBDMSION 6 (B)
FILE 12057
VVI EREAS, James Nystrom (hereinafter "the applicant") is owner of the property
located at 1745 Concordia Street within the City of Orono (,hereinafter "City") and legally
described as follows:
Lot 13, Coffee's Addition to Shadywood, Hennepin County, Mmnnesom (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a single family residence
and detached garage on a lot 0.46 acre in area where 0.5 acre lot area is required, and 75' in
width, where 100' is normally required. and said residence structure being 9.5' from the north
and south side lot lines where a 10' side yard setback is normally required, and a variance to
Section 10.22. Subdivision 1 to allow said structure to be located less than the normally required
75' setback from the lakeshore and such location encroaching on the average lakeshore setback
where no encroachment is normally allowed, and a variance to Sections 10.22, Subdivision '_
and 10.56, Subdivision 16 (L) to allow hardcover on the property in excess of the hardcover
limitations imposed by the zoning code.
Minnesota:
NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono.
FINDINGS
1. This application was reviewed as Zoning File X057.
Page 1 of 7
34- 4l3.
3601 124,04
amu.
TAM
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 C -, 1 `>
'. The property is located in the LR -1C. Single Family Lakeshore Residential
Zonins District.
3. The Orono Planning Commission reviewed this application on August 21, 1995,
and recommended approval of certain requested variances and denial of other
requested variances based upon the following findinas:
A. The lot area and lot �. id.ta variances should ire granted since a resid.mce
already exists on cfe ^ roperry and no additional land is available for
purchase by the applicant to make the lot area and width more
conforming.
B. The proposed variance to allow construction of a deck in the 0-75'
lakeshore setback zone should be denied because no adequate hardship has
been justified to support such a variance. The removal of the existing
residence and deck area affords every opportunity and ability to construct
a residence and deck meeting the required 75' Lakeshore setback, and the
relative location and current use of the residence structure on the adjacent
property do not provide sufficient hardship to justify the granting of the
requested lakeshore setback variance.
C. The average lakeshore setback variance is justified based on the location
of the adjacent house to the north which is extremely distant from the lake
and therefore c.eates an average setback line which would force
applicant's proposed residence to be similarly distant from the lakeshore.
resultin(2 in not one but two residences out of character with the general
residential development in the neighborhood.
D. The applicant has proposed to remove the existing detached garage which
is 0.1' from the south side line and move that garage to a location meeting
all setback requirements.
E. The requested variances to allow a side setback of 9.5' on both the north
and south side lot lines where a 1C' side setback is normally required, are
justified by the elimination of the existing 1.6' south side setback by
replacing that structure with a new structure meeting 95% of the required
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
setback instead of the existing 16a. and said setback variances are further
Justified by the negative impact on room sizes and house layout if the
variances are not granted, and the improved location of the reside -ace in
relation to lot lines provides further overall justification for the setback
variances.
F. A hardcover variances in the 0-75' zone is not justified since the removal
of existing residence and deck allows for the replacement of a new house
and deck meeting the 75' lakeshore setback and therefore any hardcover
in the 0-75' zone can easily be avoided. Applicant has not shown
adequate hardship to justify placement of hardcover in the 0-75' zone.
G. Hardcover in the 75-250' zone is ; roposed to increase from 24.6
existing to 31 % proposed by applicant. Moving the proposed house and
deck out of the 0-75' zone results in a final hardcover (accounting for
reduced sidewalk length) of approxirrttely 4,600 s.f. or 35.0% in the 75-
250' zone. This percentage increase is justified by the hardcover
elimination in the 0-75' zone. Further, hardcover in the 250-500' zone
will increase from the existing 22.8% to 60% proposed by the applicant
where only 30`"o is normally allowed, however, a hardship is the small
size of the 250-500' zone and the variance is justified by the concurrent
removal of hardcover in the 0-75' zone and general reconstruction of
hardcover at locations further from the lake than currently exists. Overall
hardcover on the property is proposed to decrease from 5,715 s.f.
(,28.5%) to approximately 5,350 s.f. (26.7%), where the entire lot would
normally be allowed 18.3 % hardcover under normal hardcover limitations.
4. The City Council finds that the negative impact on room sizes and house layout
and improved location of the residence in relation to lot lines as compared to the
existing residence, is inadequate justification for granting of side setback
variances. Further, the Council finds that because the existing house is being
replaced with an entirely new house of different shape and design. the new house
can be designed to meet the side setbacks without causing a hardship to the
property owner, and further finds no adequate hardships to justify the granting of
a side setback variance.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
ti
5. The Cit`• Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
6. "rhe Citv 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
grantutg the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring propem; 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 applicant; and would br. in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND COYDI'TIO`S
Based upor the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the removal of the existing
residence, deck and detached garage and construction of a new residence, deck and detached
garage on a lot of area 0.46 acre where a 0.50 lot area is normally required, and on a lot of
width 75' where a 100' lot width is normally required; and grants a variance to Section 10.22.
Subdivision 1 to allow the new residence and deck to be constructed lakeward of the defined
average setback line, and grants a variance to Sections 10.22, Subdivision 2 and 10.56,
Subdivision 16 (L) to allow 35.0% hardcover in the 75-250' zone where only 25% hardcover
is normally allowed, and to allow 60% hardcover in the 250-500' zone where only 30
hardcover is normally allcwed. and denies a variance to Section 10.25, Subdivision 6 (B) to
allow the new residence structure and deck to be located 9.5' from the north and south side lot
lines where a 10' side setback is normally required; subject to the tollowing conditions:
1, The proposed new residence and deck shall not be located within the 0-75'
lakeshore setback zone, and no hardcover will be allowed in the 0-75' zone.
Hardcover in the 75-.50' zone shall be limited to 4,600 s.f. (35.0") per the
diagram and schedule attached as Exhibit A. Further, hardcover in the 250-500'
zone shall be limited to 750 s.f. (,60.0%) per the schedule and diagram attached
in Ex;ubit k. Applicant is advised that any future proposals to add hardcover to
the property beyond the levels approved in this resolution will require an
additional variance application, and might be approved only with concurrent
removals of existing hardcover to result in no net hardcover increase.
Page 4 of 7
C ITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. `i
3, Ne%v home constructior shall meet the required 10' side setbacks.
4. authorities granted by this variance run with the propr:ty not with the applicant.
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (September 11. 1996).
5. Violation of or non-compliance with any of the terms and conditions of this
resolutin" shall constitute a violation of the zoning code, shall automatically
terminate authority ;ranted herein, and snall be punishable as a misdemeanor.
6. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
herebv agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 11th day of September, 1995.
ATTEST:
Dorothy M. Hallin. City Clerk gdwartil Clahan, r.. May
Property Owner(s)
STATE OF MINNESOTA
Ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 11th day of
. Jr. & Dorothv M. Hallin. Mayor & City Clerk of the
September. 1995. by Edward J. Callahan
City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
Page 5 of 7
L, -7 S 70-
/Uo )4A&bcaue2- Acwww
-75 -2s'n' ZoNLS : MA&DcoueR AU.ou-w'a r-o,c
NouselVgCK/5i
SgAtl- No'f �xce�o H, (000
Zsa-.Szo' zeN E 1
MkDcoVee- ,4(,tDWc-N \
bkiv1WA,`y 5H�att- NbT 6'XC'"'b 750 a�', �`� �•J
J
w
0
a
■