HomeMy WebLinkAboutResolution 92316
RESOLUTION NO. 923
• A RESOLUTION DENYING A GUEST HOUSE CONDITIONAL USE PERMIT
BUT APPROVING CERTAIN VARIANCES FOR JOHN SWANSON
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
zoning regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, the City Council has considered the application
for a Guest House Conditional Use Permit, by John Swanson, of
2795 Casco Point Road;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby makes the following findings of fact:
1. That on April 10, 1978, Mr. John Swanson applied for
a Guest House Conditional Use Permit for "two additional
residential units for living quarters of families of both
Mr. and Mrs. Swanson".
• 2. That plans submitted with the application show two
additions to the existing single family home: one apartment
in an expanded basement area and one apartment over a new
garage.
3. That the Swanson home, 2795 Casco Point Road, Lot 129
and S1/2 of Lot 130, Spring Park Addition, is in the
LR -1C single family lakeshore residential zoning district.
4. That the LR -1C zone, Section 34.552 of the Orono Zoning
Code, requires at least 1/2 acre (21,780 s.f.) of area for
each residential unit.
5. That the Swanson lot contains .79 acre (34,500 s.f.).
6. That Section 34.027 of the Orono Zoning Code provides
for Guest Houses as a conditional use in residential zones
providing "all regular lot requirements shall be met".
7. That on several occasions, neighboring property owners
have appeared before the City Council objecting to additional
living units on the Swanson house.
•
C
Resolution No.
Page 2
8. That pursuant to review by the Planning Commission
on April 24,-1978 and May 8, 1978, and review by the City
Council on June 15, 1978 and June 29, 1978, Mr. Swanson
revised his construction plans to omit separate kitchen
and bathroom facilities in the additions and providing
instead a bedroom addition over the garage and an
amusement room addition in the basement.
9. That the garage addition as revised meets all the
performance standards of the Orono Zoning Code.
10. That the basement addition as revised does require
variances from two provisions of the Orono Zoning Code:
a) The addition further encroaches a substandard side
lot setback. Section 34.552 requires a side setback
of 10.0 ft. The existing setback is 9.0 ft. The
proposed setback is 8.7 ft, following existing line
of the house. Variance required 1,3 ft. = 13%.
• b) The addition further encroaches the lakeshore
setback ahead of the two adjacent.houses. Section
34.201 prohibits construction closer to the shoreline
than the average distance from the shoreline of existing
residence buildings on adjacent and nearby lots. The
existing Swanson house is 15 ft, foreward of a line
between the adjacent houses. The proposed addition
is 21 ft. foreward of the same line. Variance
required: 6 ft,
0
11. That the proposed basement addition is almost entirely
below the grade of the adjoining lots and will not obstruct
the view of the lakeshore from the adjoining houses.
12. That a hardship exists in that there is an existing
unstable slope leading to a walkout basement in the area
of the proposed basement addition, and that the addition
will have the effect of retaining and stabilizing this
slope without causing any new slope problem.
Resolution No.
Page 3
AND BE IT FURTHERMORE RESOLVED, that based upon the above
• findings of fact, the City Council of the City of Orono hereby denys
the request for a Guest House Conditional Use Permit and hereby approves
a side yard setback variance of 1.3 ft. and an average lakeshore setback
variance of 21 ft. subject to the following conditions:
1. The proposed basement addition shall never be expanded
vertically beyond what is shown on Mr. Swanson's drawings
received by the City on June 29, 1978 (excluding unenclosed
decks shown thereon).
2. The proposed basement and over -garage additions are
additions to single-family residential living space only
and may never be used for nor converted for rental use in
violation of applicable Orono Zoning Code requirements.
3. The applicant shall review and approve this resolution,
which approval shall be indicated by endorsement hereon
by Mr. and Mrs. Swanson and all other persons with legal or
equitable interest in the property.
4. The City shall cause an original copy of this resolution
to be filed in the chain of title of the property within
• thirty (30) days of the approval of this resolution by the
City Council.
Dated this ,5 day of
ATTEST:
19 79' .
William B. Va st, Mayor
• 'Walter R. Win R, Clerk/Administrator
• STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
'I"he undersigned duly qualified and acting City
Clerk/Administrator of the City of Orono hereby certifies
that attached hereto is a true and correct copy of the
original Resolution passed by the City -Council of the City
of Orono on July 25 , 1978, approving certain___
variances and deny ni g Guest House Coalitional Use Permit
on file in the office of the City Clerk/Administrator, City
of Orono,
•
Dated this 25
(Seal)
0
i
Walter"ens6n, Clerk/A-ZItAnistrator
day of July 1978