HomeMy WebLinkAboutResolution 4975 n
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
�kE8II04 NO. 4 g 1? 1
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE SECTIONS
10.22 SUBDIVISION 1(B), 10.22 SUBDIVISION 2,
10.56 SUBDIVISION 16 (C)(6)AND 10.56 SUBDIVISION 16 (L)(2)
FILE NO. 03-2881
WHEREAS, Curtis O. Midthun and Kathleen A. Midthun (hereinafter "the
applicants") are the owners of the property located at 2941 Casco Point Road within the City of
Orono (hereinafter the "City") and legally described as follows:
Lot 92 and that part of Lot 93 lying southeasterly of a line running parallel with and
30 feet distant from the southeasterly line of said Lot 92; that part of lot 104 lying
southeasterly of a line running parallel with and 30 feet distant from the southeasterly
line of said Lot 104,including that part of vacated Lake Shore Avenue lying across the
above Lot 92 and the above part of Lot 93, all in Spring Park, according to the plat
thereof on file or of record in the Office of the County Recorder,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 Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2)to
allow hardcover in the 75-250'zone in excess of the 25% allowed by code for the construction of
additions to the existing residence on the property, and a variance to Municipal Zoning Code
Sections 10.22 Subdivision 1(B) and 10.56 Subdivision 16 C(6) to allow encroachment of the
average lakeshore setback where no such encroachment is normally allowed.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
I. This application was reviewed as Zoning File#03-2881.
2. The property is located in the LR-1C Lakeshore Residential Zoning District,which
requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot
contains 0.63 acre and has a defined width of 901
.
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RESOLUTION OF THE CITY COUNCIL
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3. The property contains an existing residence structure and detached garage,comprising
`lot coverage by structures' of 9.3 %where up to 15 % is normally allowed. The
existing residence, garage, decks, sidewalks, driveways, and other calculable
hardcover on the property totals 354.1 s.f. or 5.2 % in the 0-75' lakeshore setback
zone where no hardcover is normally allowed; 4,998 s.f. or 31.7% in the 75-250'
lakeshore setback zone where only 25%hardcover is normally allowed;and 293 s.f.
or 5.9 % in the 250-500'zone where up to 30%hardcover is normally allowed.
4. Hardcover on the property after proposed additions and equivalent concurrent
removals will not change from the existing numbers and percentages in the 0-75'and
250-500' zones but will decrease to 4,601 s.f. or 29.1% in the 75-250' zone.
Proposed lot coverage by structures will be approximately11.3%,well below the 15% -
maximum allowed.
5. The applicants had initially requested a side setback variance to allow the construction
of a first storykitchen addition above an existing basement office room located 1 foot
from the side lot line where a 10'side setback is normally required.
6. The Orono Planning Commission reviewed this application on April 21, 2003 and
recommended approval of the requested hardcover and average setback variances on
a vote of 7-0, conditioned upon revision of plans to remove the basement setback
encroachment and construct additions meeting the required 10'side setback,limiting
75-250'hardcover to no more than the existing level of 4,998 s.f., and encroaching
no further into the average lakeshore setback,based on the following findings:
a) The additions when constructed per the recommended conditions will result
in no loss of existing views of the lake enj oyed by the affected property owner
directly to the south, due to the increased side setback from the existing
situation and existing topography and vegetation.
b) The proposal concurrent removals in existing hardcover will result in no net
increase in hardcover on the site.
C) The existing basement in the area of the proposed kitchen addition is 1 foot
from the side lot line where a 10' setback is required, and is not structurally
sufficient to support a story above it. This basement must be removed and
replaced in order for such addition to occur.There is no hardship justification
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CITYof ORONO
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RESOLUTION OF THE CITY COUNCIL
SIIOg' NO. 4975
to allow construction of a first story above a new basement located so close
to the side lot line, as such new construction would result in continued
drainage and access concerns, would increase the longevity of a
nonconforming situation,and would have potential negative impacts on the
adjacent property.
7. 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 applicants'agents,and the effect of the proposed variances on
the health, safety and welfare of the community.
8. 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 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 Sections 10.22 Subdivision 2 and 10.56 Subdivision
16(L)(2) to allow hardcover in the 75-250'.zone in excess of the 25% allowed by code for the
construction of additions to the existing residence on the property, and a variance to Municipal
Zoning Code Sections 10.22 Subdivision 1(B)and 10.56 Subdivision 16 C(6)to allow encroachment
of the average Lakeshore setback where no such encroachment is normally allowed, subject to the
following conditions:
1. Council approval is based on the site plan submitted by the applicants and attached
to this Resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. Hardcover on the property is approved at 354.1 s.f or 5.2%in the 0-75'zone;4,601
s.f. or 29.1%in the 75-250'zone; and 293 s.f. or 5.9%in the 250-500'zone.
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CITY of ORONO
0 RESOLUTION OF THE CITY COUNCIL
�9kESII�g� NO. 4975
3. In order to meet the hardcover levels approved by this resolution, the applicants
shall remove hardcover as indicated on the approved site plan attached to this
Resolution as Exhibit A.
4. Authorities granted by this resolution run with the property not with the applicant,
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(May 12, 2004).
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 applicants have read,understood and hereby agree to the terms
of this resolution and on behalf of themselves, 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 12th day of May, 2003.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
• �E21Ge?�dlfL
erty Owner(s)
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CITY of ORONO
�� G~ RESOLUTION OF THE CITY COUNCIL
NO. 4975
STATE OF MINNESOTA
COUNTY OF HENNEPIN
3 The foregoing instrument was acknowledged before me on this/,�:�day of M 44i v ,
200A by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
1 1 1� C , i •�.Lw 1L.sw 0 �iiw 4,_/1
Notary Public
STATE OF MINNESOTA AN Va AUSSA A.WINTERNHEIMER
COUNTY OF]HENNEPIN WrMyPWUC'MWESOMA
INq Cartnr b*n Expires Jan.31,2008
3 The foregoing instrument was acknowledged before me on this day of �1 ,
200 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
NOTk;Y u! c_M'.NN: OTA
My Comri cion Expires Jan.31,2005
Notary Public
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
SI;0 NO. 9
STATE OF MINNESOTA
COUNTY OF HENNjPIN
to
On this�day of ,2003,_ `�1�1 �een �_�� d-}�p-1,
personally appeared before me,
who is personally known to me nn
whose identity I proved on the basis of 1.y l AJ
whose identity I proved on the oath/affirmation of ,
a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
c r'" RACHEL DODGE
NOTARY PUBLIC-MINNVOTA
My commWw Expires Jan.31.2005 �9
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this 0'fo'? day of 2003, U/'
personally appeared before me,
who is personally known to me
✓whose identity I proved on the basis of "t) D�-
whose identity I proved on the oath/affirmation of ,
a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
NOR
D&ENISE M.LESKINEN
My cgm�a BBExpkw Jan.311,2005 Notary Public
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Exhibit A
IResolution No. 4975
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' NVIt,: Verify all !IevoGen artU dinrCr:',rOrtS
with Contractor prior to any Footing Construction
e+� :Haar •i' �
e Proposed'c \ , ti 104
1 l
l
Building Detail Garage101 ft-ss V
2 9
oP,► �,o a ,p \\ L(3T A�,636 . t 10414
°
tf} 1 i t
\\ j ' trsw o Denotes iron monument
000.0 Denotes existing elev.
(000.0) Denotes proposed elev.
Proposed garage floor elev.-971.17
,• \ i \ >•' Q, Existing lowest floor elev.-956.4
�� I> \ �' + �� t• , • NOTE: Verify all elevation and dimensions
\ with Contractor prior to any Footing Construction
N3!S3
97
xaa •w' �' s}s \ � V \
PROPERTY DESCRIPTION(AS PROVIDED BY CLIENT)
3-
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i �:� ,e I i� L E�i',r• ., �,. cn
Lot 92 and that part of Lot 93 lying southeasterly
y 4,• , „ Y t of a line running parallel with and 30 feet distant
OsJ N� .,, •. veo ° Sys/ •>' _ I from the southeasterly line of said Lot 93; that
a� �;� part of Lot 104 lying southeasterly of a line
�Z 1 ft°p �r Mat l \ running parallel with and 30 feet distant from the
e 4 / southeasterly line of said Lot 104, Includingthat
it I.,
S� •+0� part of vacated Lake Shore Avenue lying across the
'` •` 1 t* e \ '� >lax •"'/\ above Lot 92 and the above part of Lot 93, sill in
Spring Park, according to the plat thereof on life
or of record In the Office of the County Recorder,
Hennepin County, Junnesota.
la
Wan 4 • o
zv'
�� \ ti o- \ '` ►a,>`' s !�7 X -P"PM9-HARDCOVER
\�{ a> ` .y �. „+►` fr \
75'-250'ZONE
\ rs:a \ o� �\tom• ` �• \jyt ; 250'-500'ZONE
\ y 1 t \\ c y \ kJ 0'-75'ZONE
BUILDINGS = 2.987 Sq. Ft. BITUMINOUS (DWY.) = 293 Sq. Ft.
C" `\� 4bc \\�� \•�� Y ��,fJ14 BUILDING = 126.6 sq. Ft. DRIVE/1fALKS = 1.240 Sq. Fe
53 fry % CONCRETE _ 95.3 132.2 Sq312 q
RET LLS = 62 S. FL
269 30 g. t e
%
• \ !15 S. �` \ \ _ 5 5,�5 \` t ,,x` TOTAL HARDCOVER = 354.1 Sq. It TOTAL HARDCOVER = 4,601 Sq. FL TOTAL HARDCOVER = 293 Sq. Ft.
p \ ' TOTAL Abd IN 20NE = 8829.24 Sq. FL TOTAL AREA IN ZONE = 15,780 Sq. tY TOTAL AREA IN ZONE = 5007.18 Sq. FL
5.2X HARDCOVER OX ALLOWED 29.1X HARDCOVER 5.9X HARDCOVER. 30X ALLOWED
75'-250' ZONE 250'-500'ZONE
\s = 0'-75' ZONE BUILDINGS = 1567.1 Sq. Ft. BITUMINOUS (DWY.) = 293 Sq. Ft.
` CONCRETE = 200.3 Sq. FL
BUILDLNC = 126.6 Sq. Ft. DECK = 608.3 Sq. Fl-
-CONCRETE = 95.3 Sq. FL BITUMINOUS (DWY.) = 2319.1 Sq. FL.
Own ers: Curt & Kathy Mid th un DECK = 132.2 Sq. Ft. LANDSCAPE (PLASTIC ONLY) = 303.2 Sq. Ft.
2941 Casco Point Road. ROTA HARDCOVER = 354.1 Sq. Ft. TOTAL HARDCOVER - 4998 Sq. Ft. TOTAL HARDCOVER ='293 Sq. Ft.
5-07-03 Orono, Minnesota. TOTAL ATEA 1N ZONE =_8829.24 Sq. FL TOTAL AREA IN ZONE = 15780.39 Sq. Ff. TOTAL AREA IN ZONE = 5007.18 Sq. Ff..
R[1R$Ep:3-03-0! c•�tflyw\ltte..p.a S.YX HARDCOVER. O7' ALLOWED 31.7X 11ANDC'012'H. 2SX ALLOWED 5.9x 11ANDCOVER. 30X ALLOWED
I n+..y.a•nay Met twr a Me No.
DEMARS-GABRIEL or woe,ffr 4•l eupw"4nrerdtno r oom a ew"„y°�ii y ir., te�°�•s -M.* `- PREPARED FOR:
LAND SURVEYORS, IN S--v"a•.•sw tee u.s of the State e/Y+u•etate 11998 c
3030 Harbor Lone 7 - °°' CERTIFI CATF1 OF SURVEY
Plymouth. MH 5-09 �9s-� i B&B CONTRACTING
a.- 63) 559-0908 Doves L onset
Fox: (763) 559-0479 30 03 $ems
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