HomeMy WebLinkAboutResolution 4788 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. 4 7 R
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1; SECTION 10.56,
SUBDIVISION 16 (C) (6) �M
AND DENIAL OF VARIANCES TO r- J
SECTION 10.22, SUBDIVISION 2,
SECTION 10.56, SUBDIVISION 16 (L) (2),
AND SECTION 10.03, SUBDIVISION 14 (C)
FILE NO. #02-2778
WHEREAS, Kevin Manley, of Manley Brothers Construction, (hereinafter "the
applicant") is owner of the property located at 1973 Fagerness Point Road within the City of
Orono (hereinafter "the City") and is legally described as follows:
Lot 7, Fagerness, Hennepin County, Minnesota
(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 heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant applied to the City of Orono for variances to
Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C)
(6) to permit an expansion of the roof line and raising the roof within 75' of the lakeshore; and
for variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to
permit additional hardcover within the 75-250' lakeshore setback over 25% and to Section
10.03, Subdivision 14 (C) to permit additional structure over 15% on the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #02-2778.
2. The property is located in the LR-1C ('/z acre) One Family Lakeshore Residential
Zoning District.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kESH� NO. 4798
3. The Orono Planning Commission reviewed this application on April 15, 2002
and recommended approval on a vote of 7 to 0 for variances based upon the
following findings and hardships:
A. The second story addition will not increase the footprint size of the
house.
_B. There is no expansion of the building envelope within the average
Lakeshore setback.
C. The house was constructed prior to the current zoning standards requiring
a 75' lakeshore setback.
4. The Orono Planning Commission reviewed this application on April 15, 2002
and recommended denial on a vote of 7 to 0 for variances to permit expansion
of the deck between the garage and house based on the following findings:
A. The deck would add additional hardcover and structure to the property.
The deck requires variances to permit the total hardcover to increase from
27.7% to 30.2% in the 75-250' setback where 25% is allowed. A second
variance is required to allow the total lot coverage by structure to
increase from the existing 1,901 s.f. (18.3%) to 2,013 s.f. (19.4%) where
1,553 s.f. (15%) is allowed.
B. Over the past several years the City of Orono has not approved variances
that would allow additional building mass on properties that are currently
over 15% structural lot coverage.
C. The property has lakeshore to the northwest side of the property and
directly across Fagerness Point Road. Additional hardcover on the
property has the potential to contribute to direct runoff of storm water to
the lake. Approval of such a variance would be inconsistent with the
intent of the Comprehensive Plan's Environmental Protection Plan.
D. Such an approval would be inconsistent with other actions taken by the
City for lots that have lakeshore on more than one property dimension.
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b. CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
lkEsHoj NO. 4788
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.
6. 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.
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 10.22, Subdivision 1 and
Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and
raising the roof within 75' of the lakeshore; and denies variances to Section 10.22,
Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover
within the 75-250' lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C)
to permit additional structure over 15% on the property, subject to the following
conditions:
1. 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 (April 22, 2003).
2. 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.
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b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kz 1_ io ' No. 4788
3. The undersigned applicant has read, understand 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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 22nd day of April, 2002.
ATTEST:
'4Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
roperty Owner 0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 22nd day of
April, 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.
otary .Public
JACKIE YOUNG j
NOTARY PUBLIC-MINNESOTA
My commission Expires Jan.31,2005
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b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
� ESQ
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day
of &ri / , 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
44 NOTARY PUBLIC•MINNE^OTA
LIAy Mr CWW60on EXPI=JNL 31,2W
Notary Public L I
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of a z-�f'j j , 202, 'y 1 i1�'�CX.J A
personally appeared before me,
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.
RACHEL DODGE
Notary PUb11C !' ENOTRARYPUBUC-
MINNE^OTA
My Cpmniission Expkes Jan.31,2005
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100
O O
ti
CITY of ORONO
Gam/ RESOLUTION OF THE CITY COUNCIL
4kES,40 NO. 4788
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of 120
personally appeared before me,
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.
Notary Public
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