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Home My WebLink AboutResolution 4817 z?,. � • =nr.: ' � . �--- � O� • O O ��6. - CITY of ORONO ,� � .. �� ' RESOLUTION OF THE CITY COUNCIL L9kESH�4'� . NO. � � �. '� A RESOLUTION GRANTING VARIANCES TO MiTNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) FILE NO. #02-2772 `VHEREAS, John Crotteau and Donna Crotteau, (hereinafter "the applicants") aze owners of��the property located at 1405 Sixth Avenue North within the City of Orono �� (hereinafter "the City") and is legally described as follows: � "Exhibit A" (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 15, 2002, at which times all persons desiring to • be heazd concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City of Orono for variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) to permit construction of residential additions encroaching on a protected bluff and bluff impact zone, and to Section 10.23, Subdivision 6 (B) to permit construction of an attached garage located 20.5' to the side property . line where a 30' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS ' 1. This application was reviewed as Zoning File #02-2772. 2. The property is located in the LR-lA (2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed t�iis application on April 15, 2002 and recommended approval on a vote of 7 to 0 to pernut construction of residential additions within the 30' top of bluff setback for the kitchen/entry way and bay additions. . r Page 1 of 7 � r � . �----- � O� • O O ��b. - CITY of ORONO �� F � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH�� NO. � � � � 4. In a second motion the Planning Commission voted 5 to 2 to recommend approval of variances to permit a lakeside addition to the residence, creating a further encroachment into the blufF area. This portion of the project includes the 13' of additional encroachment for the living room expansion. It was the minority opinion of the Planning Commission that the proposed building addition could be reduced in size. There was also a question whether a building , expansion towards the lakeshore constitutes a hazdship. � 5. The recommendations were based on the following findings and hardships: A. The property is ten plus acres. All but approximately 4% of the lot is located either within wetland, the bluff zone, and the required setbacks. � B. The present home was built in a legal location prior to the bluff ordinance. Any additions to the house would require variances. � C. � The site does not drain directly to the lake but rather to the 5-acre� wetland located at the base of the bluff. D. The topography of the lot uniquely restricts the ability to make an addition onto any part of the building. E. No addition could be built on the house that would not fall. within the impact zone. � � F. The area where the proposed lakeside additions are to be constructed is relatively flat with less than a 2' drop from the existing exterior wall and �� . the proposed wall of the addition. � . 6. Planning Commission voted 7 to 0 to recommend denial of the variance to permit the garage addition to be located 20.5' from the side property line where a 30' setback is required. The recommendation of denial is based on the following: A. Any addition that would create a side setback encroachment for the . principal building would be inconsistent with the development patterns intended for properties in the LR-lA zoning district. � Page 2 of 7 , , �—'_ �� O ' V • O O ��b. - CITY of ORONO � � � � = �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH04'� NO. � � � `� B. The property is a conforming lot. Variances should only be considered when there are no other reasonable options on a properry. C. The garage addition could be shifted 9.5' to the west leaving a 30' setback. The impact on the house would result in the elimination of one garage door. The actual garage space would not be reduced. The fact that the proposed garage is attached to the house requires it to meet the � 30' setback for principal structures. � D. A detached building 750 s.f. or less is only required to meet a 10',,side setback. The detached building must have a minimum of 10' separation between it and the principal building. Sliding the garage back to be 10' from the principal building also moves the gazage back out of the 30' top of bluff setback, thus eliminating the need for any variances for the garage. � � 7. At the Council meeting of May 28, 2002 the applicants withdrew their request for variances to permit a side yard encroachment and bluff impact zone encroachment for an attached garage. 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 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. � 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the DNR, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. � Pa e 3 of 7 g i�� . % �� - � o 0 . ��b. - CITY of ORONO ,� � �- �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� , NO. � � A �' CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56, Subdivision 16 C to pernut construction of residential additions encroaching on a protected bluff and bluff impact zone per the revised site plans presented to the Council on May 28, 2002 including allowing expansion of the existing house west of the existing deck, subject to the following conditions: � l. � Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (May 28, 2003). . 2. Violation of�or non-compliance with any of the terms and conditions of the • � variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understand 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. . • � Page 4 of 7 G a �� , /� O� ' • O O ��b. - CITY of ORONO ,� , �, - ti �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH�� NO. � $ � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of May, 2002. ATTEST: r // /��^^„"✓. � v " i da S. Vee, City Clerk Bazbara A. Peterson, Mayor P erty Owners . ATE OF MINNESOTA . �COUNTY OF HENNEPIN . . . � The foregoing instrument was acknowledged before me on this 28th day of May, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ^ � v�� soca'�s•�e�S�,�a��w ""' .. No ary Public � v1os3�N�va•a�iand Aav� 33/1'S t/aNll STATE OF MINNESOTA � COUNTY OF HENNEPIN '� The foregoing instrument was acknowledged before me on this �`/��' day of �ixn� , 200 Z 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. . �..�'�-�- (_ �00��--� °''�� RACHEL DODGE �'�;�-�"a NOTARY PUBUC-MINNE^OTA Notary Public �;t=�.��' n�y cor�sior►�es�.3�,2oos • Page 5 of 7 ' r . �� . � O� . • O O . ��b. - CITY of ORONO � � ' ti .. '�' RESOLUTION OF THE CITY COUNCIL ��`9k'E p4''�'G NO. � � � '�° �S� STATE OF NIINNESOTA COUNTY OF HENNEPIN On this ��'day of �� , 20 U? ---��1_..l0, rl)�"-e.c�-u, f�'�rri ec>� personally appeared befor me, who is personally known to me f/ whose identity I proved on the basis of !�/J �L— •• whose identity I proved on the oath/a�rmation, 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. p RACNEL DODGE �'\ �k-'C''� ��C� �'`� � NOTARY PUBLIC-M1htiE^OTA Notary Public 'i��'�� _�; My Commiss!on Expiros Jan.31,2005 � ..•. P � STATE OF MINNESOTA � � � COUNTY OF HENNEPIN On this ��day o��v�0 , 20�?-, (��1�/'1C1�. � ��e°�� , personally appeared before me, MGL�''n� who is personally known to me �_ whose identity I proved on the basis of�!� �� whose identity I proved on the oath/affirmation, 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. � �" �� ,J�q�� `°• RACHEL DODGE sN �:_ Notary Public ��`"�t�, NOTARY PUBLIC-MINNF:OTA `+y��l'�� My Comm�ssion Expires Jan.31,2005 .�.,�,�,.�,,,:,�,. •� . . Page 6 of 7 • .'� . Exhibit A _ ` :. . . . .� . - . � 81 °� � � � _ . � . Pa.r 1: That part of Lot 2, �Auditor's Subdivision .. � Humber 291., Hennepin Coun�p, Hinnesota", according to the plat thereof on f`ile or of record in the office of the Registra.r of Titles in� and for said � � County, lying South of the Easter�y extension of � the North line of Tract A, Registered Land Survey No. 1379, files of Registrar of Titles, County of . Hennepin; - Pex 2: That part of the 'follouing-ttescribed gro- ' � perty: , , That part of� Government Lot 1, Section 26, and . . . that pe�rt of Goverr.ment Lot l, Section 35, To�rn- . � ahip 118, Range 23, described as folloWS: ' Beginning at the NorthWest corner of Lot 2� . .f �Auditorts Subdivision Number 291, �Hennepin . ' ' " County, Minnesota+�; thence k'est along the exten- _ �� • � aion of the North line of aaid Lot 2 and along � . , . � ' the South line of Lot 1, said Auditorts Sub- divisioa, to the a�ost k'esterly line of Lot 1, �� aaid Auditor�s Subdiviaion; thence South along . � . � the extension of the most WesterJ,y Zine of Lot l, said Auditorts Subdiv�sion, to the Sauth � • • line of said Section �26; thence West along the • . South line of said Section 26 ta its intersec- . � � � tion �ith a liae running paral],el to and 675 � � • fest �ast of, measured at right angles to, the West line of said Section 26; thence South : along the extension of said parallel line 67.4b . feet; thence East� parallel to the� h'orth line � . of said Section 35, a dist,ance of 8Q feet; : thence South, parallel to the �Fest line of I,ot 2, said Auditor�s Subdivision, to the shore of I,ong '� � Iake; thence Southeasterlp along said shore to • � ' its intersection with the West line of Lot 2, �� , said Auditor's Subdivision; thence North to the � � i point of beginning, except that portion thereof• .. ! embraced in P.egistered Lsnd Surveps Nos. 934 � , and 13?9; and except�t�at part of Goverru3ent Lot � . • ' � 1, Section 35, ],�ing West of a line and its • ' . Southerl,y extension dravn parallel With aad � distant L40 feet East from the FASt line of . "Albee�s Long Lake Addition", . • � lying Southerl,y of the h'orth line of Tract A and its Easterl,y and Westerly extensions, Registered Lnnd Survey No. 1379, files of Registrar of Titles� � County of Hennegin, , � .� . Page 7 of 7 �