HomeMy WebLinkAboutResolution 1357 .- ; .
;`°
... �
d � - -- - C�t� o� ORONO _ -- --- ,
• :��
::f.��� • RESOWTION OF THE CITY COUNCIL
�/�. `:�', NO. 1357 ..
�/4/ �,��-r...�'Y..
� . � �`: A RESOL"UTION APPROVING A VARIANCE
APPLICATION FOR KENT SWANSON FOR
LAKESHORE SETBACK AND HARDCOVER `
VARIANCES FOR A PROPERTY LOCATED
AT 3229-B °CASCO CIRCLE
WHEREAS, the City of Orono is a municipal corporation
organized and �existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et.
seq. the City Council of the City of Orono has adopted zoning regulations
for the protection of the public health, safety and general welfare; and
WHEREAS, pursuant to Sections 34 . 201 and 34.. 202 of the Orono
Zoning Code, RKent Swanson has applied for variances to the setback and
hardcover standards for lakeshore properties to permit an addition to
his existing residence on a property legally described as Tract B,
Registered Land Survey No. 1333, hereinafter referred to as the property;
and
• �
WHEREAS, upon review of the findings of the Planning Commission
and City staff, written comments of the neighbors, written and oral
c^mments of the applicant and the applicant' s architect, the City Council
hereby makes the following findings of fact:
1) Tract B consists of approximately 30, 000 sf and .
� � is located within the LR-1C zoning district, a
district that requires a minimum of 21,780 sf
per residential lot.
2) Tract B satisfies all lot standards of the LR-1C
zoning district.
3) The existing house was placed on the property prior
to the 75 ' lakeshore setback requirement; the
' existing house meets all the original 50 ' lakeshore •
setback standards.
4) The pie shaped lot has placed severe restrictions
on the building envelope - the lakeshore setback ,
area consists of 17 , 000 sf (total lot area is 30 , 000 sf)
over one half of the lot area is unbuildable.
5) The location of the house on the property and t.he
interior design of the house determines the only
• feasible location for the addition is to the
"front lakeside" of the house.
Kent Swanson
, Page 2
� ��: C�t�_ o� ORONO_ __-
• - .:��r:t
`�". RESOLUTION OF THE CITY COUNCIL
����:=' NO. 13 5 7 ..
� y�
:_,�
• � • • ',.
+ 6) 3, 500 sf of the 7, 167 . 5 sf of existing hardcover
. on the property is the shared driveway for abutting
properties .
7) The neighbors on the abutting properties have written
to the City affirming their approval of the proposed
improvements by the applicant finding there would be
no detrimental effects to their property.
8) Council approved the following improvements on the
property:
� a) A 472 sf lakeside addition requiring a structural
setback encroachment into lakeshore setback area
of 2 . 5 ' finding the integrity� of the interior .
design would be maintained and a decrease in the
impact on the 0-75 ' protected area by removing
23 :sf_of hardcover with the removal of the brick
patio.
• b) The roofing and screen siding of the ex�sting 9 . 8 '
x 16 . 1' deck finding no further structural
encroachment into the lakeshore setback area and, . ,. ,,
no additional hardcover because of the existing
patio area under the subject deck.
c) A 3 ' x 20 ' second story walkway along the lakeside
of the house finding the lakeshore setback
• encroachment to be only . 5 ' because of the existing
2.5 ' overhang and no increase in the hardcover
because of the existing 3 ' walkway under the
proposed walkway.
d) A 400 sf patio area within the 75 ' - 250 ' setback
area finding this would replace the patio area
within the 0-75 ' setback area in addition to the
� applicant being advised to employ environmenta�l
selection in the design of the patio.
9) The special conditions applying to the structure or
land in question are peculiar to such property or
immediately surrounding property and do not apply
generally to other land or structures in the district
in which said land is located. ,
10) The granting of the application is necessary for the
preservation and enjoyment of a substantial property
� right of the applicant.
11) The granting of the proposed variance will not in
. any way impair the public health, safety, comfort,
morals or general welfare.
xen� 5wanson
, _ , Page 3 •
:a.
� C�t� o� ORONO__ __ _
� � —_
._ � -- --_
•__ a.
��''�`>`'- RESOLUTION OF THE CITY COUNCIL ,
f�',�: : - NO. 1357 ..
Y./ F� •
� � �,
y�
� � 12) The granting of the proposed variance will not be
contrary to the intent of the Comprehensive Land
Use Plan or the Zoning Code.
13) The granting of such variance will not merely serve
, as a convenience to the applicant, but is necessary
to alleviate demonstrated hardships or difficulties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orono hereby approves the lakeshore setback and hardcover variance
application of Kent 5wanson to permit the construction of a lakeside
addition and the additional• improvements noted above based on one or
more of the foregoing findings and subject to the following conditions:
1) The non conforming 9 . 8 ' x 16 . 1' deck located within
the 0-75 ' setback area may never be enclosed as part
of the principal structure but is to remain as approved
by Council in this resolution a screened deck with
• roof. � ,
' 2) The building permit written to cover all proposed
improvements must include the removal of the
6 ' x 9 ' roofed deck and the removal of the bricked
patio area within the 0-75 ' setback area.
3) This varianc�e application will expire on January 25,
1983, if a building permit for the proposed improve-
ments on the property has not been issued.
Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held January 25 , 1982 .
William B. an Nest, Mayor .
ATTEST:
� �•
Alberta M. Strom, City Clerk
�