HomeMy WebLinkAboutResolution 6537%'0" r „"�T r y Yom, r
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RESOLUTION OF THE CITY COUNCIL
NO. 6537
A RESOLUTION GRANTING VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-350, 78-1279, 78-1403, 78-1680 & 78-1700
FILE NO. 15-3767
WHEREAS, Jon Ressler and Christine Ressler, a married couple,
(hereinafter the "Applicants") are the owners of the property located at 3683 North Shore
Drive within the City of Orono (hereinafter "City") and legally described as:
Attached as Exhibit A (hereinafter "the Property"); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-350 to permit construction of an attached garage 2 feet from
the side property line; and a 2'/ story addition over a portion of the existing home and garage
addition as close as 2 feet from the north side property line and within 3 feet of the south side
property line where 10 foot setbacks are required; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-1279 to permit construction of a 2 % story addition over a
portion of the existing home with garage addition as close as 35 feet from the ordinary high
water level (OHWL) of the lake where a 75 foot setback is required; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-1279 to permit construction of a 2 '/ story addtiion over a
portion of the existing home up to 5 feet lakeward of the average lakeshore setback line; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-1403 to permit construction of an attached garage addition
resulting in 1,772 square feet of structure where 1,781 square feet currently exist and 1,500 is
the maximum permitted; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Sections 78-1680 and 78-1700 to permit 4,413 square feet (56%) of
hardcover on the Property where 1,944 square feet (25%) is the maximum allowed and 4,241
square feet (54%) currently exists in conjunction with the proposed addition; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on August 17, 2015, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
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CITY OF ORIONO
RESOLUTION OF THE CITY COUNCIL
NO 6537
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
1. This application was reviewed as Zoning File #15-3767.
2. The Property is located in the LR -1C One Family Lakeshore Residential Zoning District
which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'.
3. The Planning Commission reviewed this application on August 17, 2015, the Planning
Commission voted 5 in favor and 1 opposed on a motion to approve north and south
side setback, average lake setback, and lake setback variances as well as structural
coverage and hardcover variances allowing for the construction of the proposed
additions and improvements to the home, based on the following findings:
a). The Property contains 7,776 square feet in area and has 53 feet in width at the
OHWL and 58 feet in width at the 75 foot setback.
b). The Property is unique in that there is a limited buildable area between CSAH
51, the frontage road, the 75' lake setback and side setbacks. The existing
home is situated generally in line with the other 4 homes on this narrow piece
of land between CSAH 51 and the Lake.
c). The variance to allow construction of the attached garage and 2 Y2 story
additions on the Property which is substandard with respect to area and width
will alleviate a practical difficulty inherent to the Property and was not created
by the Applicants.
d). The Applicants' proposal results in a minor increase in hardcover from 54% to
56% where 25% is the maximum permitted for a Tier 1 property, an increase of
172 square feet; the proposed structural coverage level of 1,772 square feet
exceeds the permitted 1,500 square feet by 272 square feet. The Applicants'
proposal reduces structural coverage by 9 square feet.
e). The proposed setbacks do not exceed beyond the existing footprint and are not
out of character with this neighborhood. [The homes on either side of the
Property are one story homes]; the homes down the street, further to the north
are 2 to 2 Y2 story homes.
f). The proposed footprint additions are minimal and the 2nd and half story additions
are not proposed to extend more lakeward, or further into the side setback areas
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I'FiY
RESOLUTION OF THE CITY COUNCIL
NO. 6537
than the existing home.
g). The variance to construct an attached garage and 2 Y story additions to the
residence is in harmony with the general intent and purpose of the Ordinance.
h). The variance to permit improvements to the existing residence in a residential
district is consistent with the comprehensive plan.
i). The Applicants have provided a survey reflecting the limited building envelope
on the Property which is substandard lot area and lot width establishing that
there are practical difficulties.
j). The Applicants propose to use the Property in a reasonable manner not
permitted by the official controls;
k). The circumstances unique to the Property were not created by the landowners.
1). Approximately half of the existing home footprint exists in a nonconforming
location; construction of a second story in a permitted location is limited by the
existing home. The proposed project will be consistent with the neighborhood,
and will not adversely impact adjacent lakeshore properties.
m). The granting of the proposed variances will not in any way impair health, safety,
comfort or morals, or in any other respect be contrary to the intent of this
chapter.
n). The granting of the requested variances will not merely serve as a convenience
to the Applicants, but is necessary to alleviate demonstrable difficulty.
4. The City Council considered this application at a meeting held on September 14, 2015
including the findings and recommendations of the Planning Commission, reports by
City staff, comments by the Applicants and the public, and the effect of the proposed
variances on the health, safety and welfare of the community as well as the impact on
properties in the vicinity.
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
variances 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 Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve
a substantial property right of the Applicants; and would be in keeping with the spirit
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Ci FY OF (J-RClil-113
RESOLUTION OF THE CITY COUNCIL
NO. 6537
and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based on the above findings, City Council of Orono, Minnesota hereby grants the following:
1. Variances from Orono City Code Section 78-350 to permit construction of an attached
garage 2 feet from the side property line; and a 2 %2 story addition over a portion of the
existing home and garage addition as close as 2 feet from the north side property line
and within 3 feet of the south side property line where 10 foot setbacks are required;
2. A variance from Orono City Code Section 78-1279 to permit construction of a 2 Y2 story
addition over a portion of the existing home with garage addition as close as 35 feet
from the ordinary high water level (OHWL) of the lake where a 75 foot setback is
required;
3. A variance from Orono City Code Section 78-1279 to permit construction of a 2 % story
addition over a portion of the existing home up to 5 feet lakeward of the average
lakeshore setback line;
4. A variance from Orono City Code Section 78-1403 to permit construction on attached
garage addition resulting in 1,772 square feet of structure where 1,781 square feet
currently exist and 1,500 is the maximum permitted; and
5. A variance from Orono City Code Sections 78-1680 and 78-1700 to permit 56%
hardcover on the Property where 25% is the maximum allowed and 54% currently
exists in conjunction with the proposed addition;
subject to the following conditions:
1. Council approval is based on the survey and building plans submitted by the Applicants
and annotated by City staff, attached to this Resolution as Exhibits B $ C. Any
amendments to these plans may require further Planning Commission and City Council
review.
2. Hardcover shall not increase above 56%, as 25% is permitted in Tier 1. Any changes
to the plans or the Property which result in an increase in hardcover above the existing
or allowed levels are not approved as part of this variance request.
3. Structural coverage shall not increase above 1,772 square feet. Any changes to the
plans or the Property which result in an increase in structural coverage above the
approved level is not approved as part of this variance request.
4. The top floor of the proposed home shall comply with the City's definition of "half
story"; no height or number of stories variances are being granted as part of this
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request.
RESOLUTION OF THE CITY COUNCIL
NO. 6537
5. 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 and commencing construction of said project. A framing inspection must
be completed within one year of the date of Council approval, or the variances will
expire on that date (September 14, 2016).
6. 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.
7 The undersigned Applicants have read, understand and hereby agree to the terms of
this resolution and on behalf of their heirs, successors and assigns, hereby agree to
the recording of this resolution in the chain of title of the Property.
Adopted by the Orono City Council on this 14th day of Seatember. 2015.
ATTEST:
e Tiegs, Pity Clerk
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6
i
Lill Tod McMillan, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO.
This instrument was acknowledged before me this 511 day of kov.een
_ by Jon Ressler, husband of Christine Ressler.
LUKE S. LAUER-HUM
F i NOTARY PUBLIC - MINNESOTA
MycanmW«, ja2018 _ Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this *h day of � koveft\tQr
by Christine Ressler, wife of Jon Ressler.
Notary Public
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