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Home My WebLink About1996-11-20 Resolution 3788 Pg1CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ '' S 8 - A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBVISIONS 1 AND 2, AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2181 WHEREAS, 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, Minnesota (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 the lot. 0.46 acres in area, where 0.5 acre lot area is required, and where lot is 75' in width where 100' is required by code, and said residence structure will be located 9.5' from the north and side lot lines where a 10' side yard setback is required, and a variance to Section 10.22, Subdivision 1 (B) to allow the majority of new residence structure to encroach the average lakeshore setback %where no such encroachment is normally allowed and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover on the property in excess of the allowed hardcover limitation allowed by the zoning code. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File 42181. 2. The property is located in the LR -1C, Single Familv Lakeshore Residential "Zoning District. Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3788 3. The Orono Planning Commission reviewed this application on October 21, 1996. and recommended approval of the renewal variances as proposed based upon the following unique findings and hardships: A. The lot area and lot width variances should be granted since a residence already exists on the property and no additional land is available for purchase by the applicant to make the lot area and wi--.th more conforming. B. The average lakeshore setback variance is justified based on the location of the adjacent house to t"� north which is extremely distant from the lake and therefore creates an average setback line which would force applicant's proposed residence to be similarly distant from the Lakeshore, resulting in not one but two residences out of character with the general residential development in the neighborhood. C. 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. D. The requested variances to allow a side setback of 9.5' on both the north and south side lot lines where a 10' side setback is normally required, are justified by the eli, 1 of the existing 1.6' south side setback by replacing that structure ith a new structure meeting 95% of the required setback instead of the existing 16%, 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 residence in rela-:ion to lot lines provides further overall justification for the setback variances. E. Hardcover in the 75-250' zone is proposed 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 approximately 4,600 s.f. or 35.07c in the 75-250' zone. This percentage increase is justified by the Pane 2 of 7 4 9xEsao4 CITY of ORONO -SOLUTION OF THE CITY COUNCIL NO. �? ` 8 8 hardcover elimination in the 0-75' zone. Further, hardcover in the 250-500' zone will increase from the existing 22.8% to 60`I proposed by the applicant where only 30% is normally allowed, however, a hardship is the small size of the 250-500' zone and the variance is justified by the concur-ent 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. (28.51/'c) 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 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. 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 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIO`S, ORDER AND CONDITIONS Based upon 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 Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3> NO. 8 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow 35.05C' hardcover in 75- 250' zone where only 25% hardcover is normally allowed. and to allow 60% hardcover in the 250-500' zone where only 30% hardcover i,, normaliv alloyed; and grants a variance to Section 10.25, Subdivision 6 (B) to alloy the new residerce 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 following 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. 2. Hardcover in the 75-250' zone shall be limited to 4,600 s.f. (35.09) 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 Exhibit A. 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. 3. Roof overhang shall extend no closer than 8.5' to the vertical extension of the side lot lines. 4. Authorities granted by this variance run with the property 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 (October 28, 1997). 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, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby ag-ees to the recording of this resolution in the chain of title of the property. Page 4 of 7 o O\ �9kESH�4� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 s Adopted by the Orono City Council on this 28th day of October, 1996. AT ST: V-a�� DQrothy M allin, City Clerk Proper[},, Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Edward J. Ca?l May The foregoing instrument was acknowledged before me this 28th day of October, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. t Notary Public Pave5of7 ;'' • LINDA S:VEr NOTARY PUBUC$OTAHENNEPIN My Ccmmissicn Exc31.2CCO t Notary Public Pave5of7 0 0�� a a � ti �t9kESH�¢�G STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL On this i • day of r , , 199, before me a Notary Public within and for said county, personally appeared known to me t6 be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. LCNDA S. VEE ` NOTARY PU9UC "�"+^'SOTA NENNEPIN COUNTY NOTARY PUBLIC M, Commission ExD res Jan. 31, 2030 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of _ 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 p _! r' Lo.., e /Uo )IA&bcojeYL AI Low /5 -ZS-U/ Z-O"O- PA&DcoueA 4LtZu-urt:�- 7=04 Sµa-ul- INoT E�Cek 1J �� (000 �l'. (3�•0%� 1 ZSo- -DO' Zo,v a qi %V L� NAQDcove2 A',c.owc Fol \ pejVL,WAy Sifatk- NOT CX" -L C� 7$0 Is - CGO Go ac a