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Home My WebLink About1985-07-22 Resolution 1814City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1814 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2 AND SECTION 10.25, SUBDIVISION 6 (B) FILE f943 WHEREAS, John & Susan Purdy (hereinafter "the applicant") are owners of the property located at 1975 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described 3s follows: Lot 5, Fagerness, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 1 & 2 and 10.25, Subdivision 6 (B) to permit the construction of additions to the existing house and garage which will increase hardcover in the 75-250' lakeshore setback zone so that the total amount of hardcover on the lot would exceed the amount of hardcover allowed by the Municipal Zoning Code; ar-i which additions will increase the amount of structure in the 0-75' setback zone where no structure is allowed; and which additions will encroach into the average lakeshore setback zone where no encroachment is allowed; and which garage addition will b. located 8.5 feet from the side property line where a 10 foot setback is normally required. �;�..iesota : NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #943. 2. The pror:rty is located in the LR-lC Single Family Lakeshorc Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 15, 1985, and recommended approval of the proposed •ariances based upon the following findings: A) The hardships to the property are the slopes and con- figuration of the lot, the location of the existing struc- tures, and the fact that there is lakeshore on two sides of the property. Paye 1 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1814 B) The property contains certain items of hardcover which may be changed so that they become non -hardcover, with a relatively minor effect on the applicant's current use of the property. C) The variances, if approved, with certain concurrent removals of hardcover will be approximately equivalent to variances recently granted to the adjacent property to the north. 4. The existing garage is non -conforming in that it is located partially upon the road right-of-way. The existing topography of the lot creates a hardship in relocati.,g this garage to a con- forming location. 5. The proposed addition to the south of the house will create approximately 96 square feet of new structure in the 0-75' set- back zone, of which 72 square feet is new (not pre-existing) hardcover. This encroachment extends 8' into the 75' setback zone but continues an existing house line, and due to topography and the relative locations of the adjacent houses, the en- croachment will have no effect on the lake views of the adjacent property owners. 6. From the standpoint of drainage, the majority of the proposed new hardcover is located more than 100' from t lakesh.ore, and most of the resulting additional runoff would have substantial yard area for absorption before reaching the lakeshoru. 7. The total existing hardcover in the 0-75' setback zone is 1921 s.f. or 24.3%. The total existing hardcover in the 75-250' setback zone is 1499 s.f. or 16.9%. After all proposed additions and concurrent removal of hardcover, the net increase in overall hardcover on the property is about 275 s.f., with final 0-75' hardcover of 1095 s.f. or 13.9% and final 75-250' hardcover of 7568 s.f. or 29.0%. 8. 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. 1814 9. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and woul%, be in keeping with the spirit and intent of the Zoning Code and -omprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono Cit-y Council hereby grants variances to the Municipal Zoning Code Sectir)ns 10.22, Sub- division. 1 & 2 and 10.25, Subdivision 6 (B) to permit the construction of additions to the existing house and garage which will increase hardcover in the 75-250' lakeshore setback zone so that the total amount of hardcover on the lot would exceed the amount of hardcover allowed by the Municipal Zoning Code; and which additions will in- crease the amount of structure in the 0-75' setback zone where no structure is allowed; and which additions will encroach into the average lakeshore setback zone where no encroactunent is allowed; and which garage addition will be located 8.5 feet from the side property line where a 10 foot setbl^{ is normally required, subject to the following conditions: 1. Variances are granted so that the maximum allowable hardcover on this property shall be 3663 square feet total, based on the additions and removals of hardcover as described below: a) East side of house - additio al hardcover - 10x24' addition; net = +146 s... - Deck with hot tub, east side; net = +117 s.f. - Step minus existing walk; net - +14 s.f. b) South side of house - additional hardcover - 16'x42.5' addition; net = +575 s.f. c) Garage addition - 12'x24.1' addition; net = +289 s.f. Total new hardcover addition before concurrent removals = +1141 s.f. d) Concurrent removals of existing hardcover Remove patio block and any plastic or other hardcover from kennel area = -213 s.f. Page 3 of 6 City of ORONO RESOLUTION OF THE Ci ry COUNCIL NO. 1814 e plastic from under rock from trampoline area = -360 s.f. - xemove plastic from under 10'x16' deck; (staff to confirm deck-oacing and ground conditions) = - 160 s.f. - Rew_,�,=e plastic from under NW and NE house rock edging - 165 s.f. Total concurrent removal of existing hardcover = -898 s.f. Total net increase in hardcover after additions and removals = 1141-A98 = 243 s.f. 3420 s.f. existing +243 s.f. additional = 3663 s.f. of which 1095 s.f. is in the 0-75' setback zone and 2568 s.f. is in the 75-250' setback zone. "he removals of hardcover shall be staged in such a manner so that when each portion of the entire project is constructed the appropriate equivalent amount of hard- cover shall be removed concurrently, so that the total hardcover at any given time never exceeds 3663 square feet. 2. A variance is granted to allow the non -conforming garage structure to continue, with an addition to the rear of the garage being 8.5 feet from the side lot line rather than the 10' nor- mally required. 3. A variance is granted for the addditional encroachment into the average lakeshore setback and additional structure in the 0- 75' zone for the addition south of the house. 4. The applicant is place on notice that no other variances are granted with this application, and that future requests for additional hardcover variances above and beyond that granted at this time may not be approved. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 22, 1986). The applicant is placed on notice that if one or more of the 3 specifically allowed projects are not commenced within the 1 year variance approval period, a renewal variance must be applied f:r. The granting of the variances under the current application does not grant any vested rights to the property owner after the expiration date, and a future City Council is not legally bound to grant the same variances in the case of a renewal variance. 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. Page 4 of 6 1985. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1814 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. Adopted by the Orono City Council on this 22th day of July, Page 5 o-" 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1814 STATE OF MINNESOTA ) ss. COUNTY OF hENNEPIN ) On this _ ?(off day of _�U L y , 1985 before me a Notary Pu�? lic ithin and for said county, personally appeared SN.S4,..) (LrnApy� �uPbY known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (the,) executed the same as his (their) free act and deed. RON _,tea. P 0, M NS X... kovloo STATE OF NI_INNE30TA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC u�vC_ IV /9?) _ MY CommiS8I0 EXPIRES this 31 day of _jat- y 1985, before ML a Notar Publi within and for said County, personally appeared &I 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 deea. . �O ^ArAEf�~µ` M HFN� fp�,C^ P. uvME A' NOTARY PUBLIC Y Cpm1 F M0L N� L;q 7 MY COMMISS30N EXPIRFS Page 6 of 6