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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 6 5 J
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.23, SUBDIVISION 6 (B), 10.22, SUBDIVISION 2,
Al\!) 10.56, SUBDIVISION 16 (L)
FILE NO. 2084
WHEREAS, Thomas R. McCune (hereinafter "the applicant") is the owner of
the property located at 14 73 Bay Ridge Road "Within the City of Orono (hereinafter "the City")
and legaily described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoni.I1g Code Section 10.23 , Subdivision 6 (B) to permit the construction of a
garage,'bedroom'bath addition to be located 1 O' from the side lot line where a 30' side setback
i s normally required , and construction of a sunroom located 2 7' from the side lot line where
a 30' setback is normally reqmred, and a variance to Sections 10.22 , Subdivision 2 and 10.56,
Subdivision 16 (L) to allow 26. 7% hardcover in the 75-250' zone where only 25·~~ hardcover
is normally allowed.
NOW, THEREFORE, BE IT RESOLVED b y the City Council of Orono ,
r.'f innesota:
FINDINGS
1. Th i s application was reviewed as Zoning File #2084.
2. The property is located in the LR-1A Single Famil y Lakeshore Residentiai
Zoning District.
3. The Orono Planning Commission reviewed this application on Nov ember 20.
1995 and recommended approv al of the proposed variances based upon the
following findings:
A . Tne proposed side setback of 1 O' for the garage and 27' for the sunroom
instead of the required 30', is consistent with other development in the
neighborhood .
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 6 5]
B. The new garage addition will result in the removal of the existmg
detached garage \Vhich is located Jess than 3' from the south side Jot line
where current standards for a detached garage would require a 1 O'
minimum setback, thereby eliminating this non-conforming structure.
C. The proposed location of the garage/bedroom/bath addition in the
northerly half of the property will minimize the amount of driveway
hardcover in the 75-250' zone.
D . The proposed sunroom is over an existing deck and therefore constitutes
no new hardcover in the 75-250' zone. Further, the proposed sunroom
does not encroach on the average lakeshore setback, and its location 27'
from the lot line will have no impact on neighboring properties.
E . The increase in hardcover on the property from 23 .9% to 26. 7% is being
minimized by removal of a portion of the existing deck, as well as
removal of the detached garage and existing sidewalk . Hardcover in the
250-500' zone of 19.9% where 30% would be allowed also is a positive
aspect of the proposal.
F . Because the existing septic system is located in the area of the proposed
garage/bedroom/bath addition, and because that septic system must remain
in use until/unless municipal sewer is provided to the property , it is
appropriate that construction of this addition be delayed until such time
that se"ver is available, while the sunroom addition will not be hindered
by the septic system location .
4 . The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
Page 2 of 6
. . . .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. S 6 51
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 applicant, 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 .
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.23 Subdivision 6 (B) to allow a side setback of 1 O' for
the garage/bedroom/bath addition and a side setback of 27' for the sunroo.m addition , where 30'
side setbacks are normally required, and grants a variance to Sections 10.22, Subdivision 2 an.d
10.56, Subdivision 16 (L) to allow hardcover in the 75-250' lakeshore setback zone at 26.7%
where only 25% hardcover is normally allowed, subject to the following conditions:
1. Hardcover in the 75-250' zone shall not exceed 5,425 s.f. or 26.7% per the
hardcover schedule and diagram attached to this resolution as Exhibit B. All
hardcover to be removed in the existing deck area shall be removed prior to
footing inspection for the new sunroom. Occupancy of the new
garage/bedroom/bath addition shall not occur until the existing detached garage,
blacktop driveway and sidewalk have been removed. Applicant is advised that
any future proposals for hardcover in the 75-250' zone will require a variance
application, and might be approved only in conjunction with concurrent removals
of existing hardcover, resulting in no hardcover increase. The standard 30%
hardcover allowance in the 250-500' zone shall be reduced by the 350 s.f.
overage in the 75-250' zone.
2. The new driveway to be located along the north lot line shall be constructed no
closer than 5' from the north lot line to allow for snow storage, etc.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
8 6 51 NO. --------
3. A permit for the garage/bedroom/bath addition shall not be issued by the City
until such time that municipal sewer is available for connection to the property
or until such time that a new conforming septic sy stem has been installed .
4. A construction permit for the sunroom shall not be issued until one of the
following occurs:
a. Applicant executes a "Septic System Upgrade Agreement" and provides
the required Letter of Credit to ensure that the septic system will be
upgraded in a timely maimer absent the installation of municipal sewer;
or
b. The City Council has ordered the installation of municipal sewer to serve
the property; or
c. A new conforming septic system has been installed on the property .
5 . Authorities granted by this variance run with the prope1ty not with the applicant,
but are permissive only and must be exercised by application for a building
permit within one year of the da1e of Cow1cil approval, or this variance will
expire on that date (December 11, 1996).
6. Violation of or non-compliance with any of the terms and conditions of this
variance 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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the
property .
Page 4 of 6
. . ' .
CITY of ORONO
RESOLUTION O..f THE CITY COUNCIL
~ 65 .. NO. · 1
Adopted by the City Council of the City of Orono , Minnesota at a regular
meeting held on the 11th day of December, 1995 .
Property Ov.mer (s)
ST A TE OF }.-1INNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of
December, 1995 by Edv,:ard J. Callahan, Jr. and Dorothy M . Hallin, Mayor and City Clerk of
the City of Orono, a I'v1innesota municipal corporation and said instrument was executed on
behalf of the City.
JAMIE l. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
Page 5 of 6
. . . . .. : .. _.
ST A TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 6 51
On this g ++. day of , 199 l:, before me a Notary Public within
and for said county , personally alW 4 K ~ . -· /
known to me to be the person(s) aescribed in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan .31.2000
ST A TE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On th.is /Cf+A. day of , 199G_ before me a Notary Public within
and for said county, personally appeared --lRJ.u..J..JJJJ'---""-'-''---L-'-"--.,,__.,,:..u....,~-1..:....Udo.L..L.....!..--""-'"------
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 .
CAROLE A HASEMAN
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31. 2000
. (!~;C,tl,~
NOTARY PUBLIC
Page 6 of 6
. : . .
Exhibit A
Resolution No. 3651
Legal Description
(As contained in Certificate of Title No. 74093)
Tracts E and N, Registered Land Survey No. 192, Files of Registrar of Titles , County
of Hennepin, State of Minnesota.
Together with an easement for driveway purposes over Tracts J, K, L, M, 0, P, Q and
R, all in Registered Land Survey No . 192 as shown in deed Doc. No. 569269, Files of
Registrar of Titles;
Subject to an easement for driveway purposes over said Tract N as shown in deed Doc.
No. 569269, Files of Registrar of Titles;
Subject to a public easement in the Highway known as County Road No. 7 as to Tract
E;
Subject to the portion of said land between the high water mark and the low water mark
of Lake Minetonka to the public right, including the right of the State of Minnesota to
use or reclaim said portion for any public purposes now authorized by law; (as to Tract
E).
Also known as PINS No. 10-117-23 34 0005
. I
l
!.
CD
EXISTING HARDCOVER IN ZO:-ffi
A . House "'5" X
i...r,0
X
X
X
® B. Gar.aee Z -Z.. X r,,..,_,,.,) ~ ~
C . Driveway o-X
"-75'"-2.:[0 ' X
D. Sidewall:: (;_Z X
X
® E. hrio/Dccl: /'L X
~ F. ~ds9f1•
'1.l X
/k X, 'I = 'rn. +
31 X
foa1.. ~ .. .: ....... X
I>Ec..l:,. ~ ~~ X
X @ G. Otb~ Pool. B.3 X 5J1ecD
TOTAL HARDCOVER IN ZONE
TOTAL PROP£ IT AREA IN ZONE
A O .;. B
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Z7
2.%. y. '/ ....
/7y. l./,S'=7'1 =
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.
Z.o 3<'0 x JOO
Z 0 1"}00 )( /00
-~'-'-'-' 7_.s_s-_ S.F .
____ S.F.
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____ S.F.
I 10 s.Fl
I 5"J/ s-,E.J
0 S.F.
0 S.F.
---'-/""'9'-"t,'--S .F. ____ S.F.
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30'{ ~-90
--=-5"-=--o-S.F.
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./ ;lo. Joo S.F. B
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2 3 ,9 o/o w,n1 PoaL-
'
PROPOSED HARDCOVER IN L.U"lt:
CD A. House ('.;. S::
l.=Jlh
C%J Su>i 12-<>oM 'Z ':I..
d) t-J~t.,J 6,P-)P.,AT\', 2.~.5"'
<5) B. Gange 30.3
@ . C. Driveway LB
@ D . Sidewall:
9
@ E. Patio/Deel:
{Q { l)Sc1-EM!:o)
IL
@) F.=
! }> ~ c.....lll.oru,o_ 3k
"3 I
7/
X
X
X
X
X
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X
X
X
X
X
X I t)EC~ ~
I (J)
/O
G. Ot!lcr ~ -~8"~·~3-
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X
TOT AL HARDCOVER IN ZONE
TOTAL PROPERIT AREA IN ZONE
A 't'(, 2.S-+ B
A 5 '/2. ~. +-a
(Poot... S\Jf!..f.Ac..G ',lo~UJ:Bews;:)
1~·1
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16
/3
2.t,f;!'
? )( ,7.._
(#
::Z.o, 3c,o x 100 ~
20,300 xioo
13
I 7s-s-
-oz
344
803
S"'i
II 'I
8'! ''I ,~,:; J/~.,
30¥ 9o so .. •
7't; :i. 5'
clo .'3 oo :z 2 . a
2 C,, 7 ;'c
S.F.
S.F .
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S .F.
S.F.
S.F.
Sf
S.F.
S.F. A
S.F. B
'foW,11/(J(Ji PaoL
WITH Poof..
1 {5I) '. soo' µA.U:,c.n~~-{§;xi<:>'({f'J~. -~
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!
.: vJ~-~ 3"7-!B. ____ SL( ._], _________ ..rt/.
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. : (l7r. (,/+e_ Cc,U-Jcf2..-
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2 5D -500' frU-01.uAf\.\ C-t (rv. iUP~
~5,c..oo".3o)_--3SD s~. = l-fi33D sA. o-<Z-2-7,'Bt