HomeMy WebLinkAboutResolution 5295 � .
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� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VA.RIANCES .
TO MUNICIPAL ZONING CODE
� SECTION 78-350(B), SECTION 78-1288 AND
� SECTION 78-1279(6)
FILE NO. OS-3078
WHEREAS, Gary A. Christensen & Lyrul 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:
Comrnencing at a point in the Northwesterly line of said Lot 185 distant 45
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 comer 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 home 40' from the OHWL of Lake
f Miruietonka where 75' is required; 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 home 8.25' from the 'side lot line where 10'
is required and 8.25' currently exists; and
WHEREAS, the applicants have made'application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow the
construction of a half story over the existing home in front of the average lakeshore
setback; and
WHEREAS, the applicants have made 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
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RESOLUTION OF THE CITY COUNCIL
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32.5% liardcover on the eastern portion of the lot within 75' of the OHWL where no
hardcover is allowed in conjunction with a half story addition; and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1288 (a)to allow 2,585 s.f. or
44.34 % hardcover on the western portion of the lot within 75' of the OHWL where no
hardcover is allowed in conjunction with a half story addition; and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-1288 (b) to allow 4,032.6 s.f.
or 47.44 % hardcover within the 75'-250' setback zone where 25% is normally allowed,
resulting in a total site hardcover level of 7,968.95 s.f., equivalent to 93.75% of the 75' —
250' zone, in conjunction with a half story addition.
NOW, THEREFORE BE IT RESOLVED by the City Council of
�. Orono,Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#OS-3078.
2. The property is located in the LR-1C One Family Lakeshore Residential
Zoning District which requires a minunum of 0.5 acre in area and a .
minimum lot width of 100'.
3. The Planning Commission reviewed this application at a public hearing
� held on February 22, 2005 and recommended approval of hardcover, side
setback, lake setback, and average lakeshore setback variances based on
the following findings:
a
a. The property is 0.417 acre in area and has 55' in width 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 properly has 0-75' zones on two sicles.
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' RESOLUTION OF THE CITY COUNCIL
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d. The applicants are proposing to reorient the roofline; only attic
storage, no additional living space is proposed within the substandard
setbacks.
e. The dormers on the north side of the home should meet the 10' side
setback requirement. �
, f. Due to the location of the home any additions or alterations to the east
or north sides of the house require vaxiances. .
g. Over half of the existing home is located within 75' of the lake on the
` east side of the property. A variance is required to change any portion
of the structure within 75' of the lake.
h. The applicants are proposing to remove portions of nonconforming
• hardcover and structure in conjunction with setback variance
approvals.
4. The City Council has considered this application including the findings
and recommendation of the Planning Cornmission, 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 cornmunity.
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
j � 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
1 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 Section 78-350(b), 78-1288 and
• Section 78-1279(6) to allow construction of a half story attic addition with a steeper
pitched roof in front of the average lakeshore setback, 40' from the eastern OHWL of
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� RESOLUTION OF THE CITY COUNCIL
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Lake Minnetonka and 8.25' from the north side lot line, subject to the following
conditions:
1. Council approval is based on the site plan submitted by the applicantd 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 easterly 0-75' zone shall not increase above the level of 1,351
s.f. or 32.5%, and hardcover iil 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 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.
3. The following removals are required:
a. Applicants shall remove all plastic or fabric liner material from the
decorative landscape beds on the property to ensure their permeability as
non-hardcover surfaces.
b. Applicants shall relocate the play house structure to the location to tlie
south west of the front door in place of excess sidewalk.
c. Portions of the grade level deck which cross the northern property line.
d. Portions of the sidewalk which cross the northern property line.
e. 10' x 16' co`ncrete slab west of the garage.
£ The non-essential sidewalk to the south of the front door.
g. Storage shed and play structure.
4. Required removal of the storage shed shall be completed by December 1, 2005 or
• by the final inspection of the half story attic addition. After December 1, 2005 .
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RESOLUTION OF THE CITY COUNCiL
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additional building permits will not be issued prior to the removal of the storage
shed.
5. Required removals .of other structure and hardcover shall be completed by the
r framing inspection for the half story attic addition.
6. The dormers proposed on the northern portion of the addition shall be reduced to
meet the required 10' side setback requirement.
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 (March 28, 2006).
8. Violation of or non-compliance with any of the terms and conditions of this
• ' resolution shall constitute a violation of tlie zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
9. The undersigned applicants have read, understood 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.
� Adopted by the Orono City Council on the 28th day of March,2005.
I� ATTEST: '
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\ Linda S. ee, City Clerk Baxbara A. Peterson, Mayor
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' RESOLUTION OF THE CITY COUNCIL
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}� ���kESS�g'�G NO. � � �� .
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STATE OF MINNESOTA �
COUNTY OF HENNEPIN -
The foregoing instrument was acknowledged before me on this a£3 day of�
�%Y� 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.
• I
„`.•; _..� �;;,;1���i:ANDERSON l �� �,� -��,,n.�
{�'. � Not Public �
G'i F.•A F
•��:: ��;,.�i N�'Y PUBLIC-MINNESOTA �'.
�;"�`,F:�.'s ������cmmusion Cxpires Jan.31,2007 �
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• KRISTi 6.A�lqER5t3�1 '
� NQTARY PUBI.IC-MINNESOTA
' �.,�u:• My Commission�cpires�an.3�.xk�;. .
+ STATE OF MINNESOTA
� COUNTY OF HENNEPIN
�
The foregoing instrument was acknowledged before me on this ��day of
�r,v�,�, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
RACHEL DODGE L��/'�,e-- ,
���� NOTARY PUBLIC-MINNESOTA
�;,��' My Commission Expires Jan.31,zo�o Notary Public
•
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�'� G'�' RESOLUTION OF THE CITY COUNCIL �
�`9kEsi3�g'� NO. � � �' � .
� STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 7�`day of�r�� , 2005
.
by Gary A. Christensen, husband of Lynn A. Christensen. .
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• ���£•uer s�naxa�a�twuro��w ���.,°.
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vsas=_�NrN-�nend�.�!ora �.,,-..1�=
S(1lIS'J t�`d�321`'J�l
Notary Public
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� STATE OF MINNESOTA �
� COUNTY OF HENNEPIN
� This instrument was acknowledged before me this 7�'day of Y[.L , 2005
by Lynn A. Christensen, wife of Gary A. Christensen.
� BARBARA G.SILUS .
, �,� Nf�iARYF�UC-PlINNW.`:�iTA ��
• ;'`'�°� O�y Commta�ba Ezp'Ncs J�n.3i,�83
Notary Public
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�' Required Removals
� • I � ��� 9L ; •�� ' ■ Sidewalk and Deck encroachments on � ' ��
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. � • 1 �s• I � � 1 North side. . . . : .
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�; � �;o • Excess sidewalk on the SW corner— "�
' �� • . M play house to be located in this spot, ,�
� �'� \ ;'� ■ 10'x 16' concrete pad west of the . •
, . . /•. : Z¢ � garage.
� �s,00� � " ���� ` ■ Shed to be removed from neighbo�ing
� . � � g• F%��F • � praperty by December 1, 2005. . .�
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/ / � '° ■ Play house to be removed from
neighboring properky.
` "'' ■ Play structure to be removed from � � •
� ,. �� '' neighboring property.� � � � . � • �. � .• . ,
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