HomeMy WebLinkAboutResolution 4613 � . , , .
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� G'� '� ;fi;�,��::�:±���RESOLUTION OF THE CITY COUNCIL �^
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SOLUTION DENYING
VARIANCES PER
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2); AND APPROVING
VARIANCES PER SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56 SUBDIVISION 16 (L) (2)
FILE#2651
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,pursuant to State Statutes 412 et.seq.and 462 et.seq.,the City Council
of the City of Orono has adopted zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS,Jeremy Bupp and Robin Bupp(hereinafter"the applicants")are owners
of the property located at 2696 Caroline Avenue within the City of Orono (hereinafter "the City")
and legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS,the applicants have applied to the City of Orono for variances to permit
construction of a lakeside patio and expansion of the driveway to exceed allowed hardcover in the
75-250' lakeshore setback, requesting the following approval:
Section 10.22, Subd. 2 and Section 10.56, Subd. (16) (2): To allow 5,975 s.f. (26.5%) hardcover
where 5,625 s.f. (25%) is normally allowed.
WHEREAS,the City Council has reviewed the application; the recommendations
of the City staff and the Planning Commission;and the comments and written statements submitted
by the applicants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested after-the-fact variances as described above based on one or
more of the following findings of fact concerning this property:
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�� G'� ' RESOLUTION OF THE CITY COUNCIL
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1. A building permit was issued to permit construction of a new residence on the
property based on a site plan that was submitted with the original building permit
application. A Temporary Certificate of Occupancy (T.C.O.)has been issued with
the requirements all the site grading and drainage plans are completed within 180
days.
2. At the time the building permit was approved, the submitted site plan met all
requirements of the zoning ordinances and building code. After additional review
of the site plan it was discovered the 75' lakeshore setback was not measured
correctly. The site plan indicated a 75' setback to the lakeshore (east side of the
property). However, it was discovered the lakeshore bends around an adjacent
property within 75'of this property. This resulted in more area of the property being
included in the 0-75'protected zone where no hardcover is allowed. As a result,the
area of the 75-250' zone is actually smaller than initially indicated, and the owners
have had to omit certain items of hardcover to remain at the 25% leveL
3. When the setback issue was discovered, construction of the new home was nearly
complete. Since the house was nearly complete,it w�as not possible for the property
owners to reduce the size of the structure. To conform to the hardcover
requirements,the property owners had to reduce the size of the driveway,and remove
a concrete patio from the plans. Neither had been constructed.
4. Swales are being provided around the house to direct�vater from the road,driveway
and roof around the house and beyond the adjacent homes where the water will then
naturally flow towards the lakeshore.
.5. . In addition to the drainage swales, gutters are being added to the northeast roof line
to direct water towards the front of the house and not to�ti-ards the neighboring house.
Draintile will also be installed to take the water from the house around to the front
of the bank. Final grading and the draintile will not be completed until the grounci
thaws in the Spring. Because the additional grading and drainage improvements
cannot be completed until Spring,staff issued a T.C.O.rather than a final Certificate
of Occupancy(C.O.). When the improvements are complete,a C.O.will be issued.
The City of Orono has routinely allowed individuals to occupy a home by a T.C.O.
without all the exterior work being complete subject to a defined time period to
complete the work.
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��, CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCiL
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6. The property consists of 0.76 acre, or 33,076 s.f. in land area. The lot is a legal
building site in the LR-1C zoning district.
7. It is the intent of the Comprehensive Plan and Zoning Code to protect the water
quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No
hardship exists on this lot that would support approval of additional hardcover for a
paved patio or expansion of the driveway.
8. The granting of the requested after-the-fact variances would be contrary to the
provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A)with which
the applicants must first comply in order that variances be granted. The Council
finds that:
A. The property in question can be put to a reasonable use if used under the
conditions allowed by the official controls if the proposed after-the-fact
variances are granted. The driveway has been approved as part of the general
site plan as minimally acceptable for access to the property.
B. Granting of the proposed after-the-fact variances would appear to serve as a
convenience to the applicants and the applicants have not demonstrated a
reasonable hardship or practical difficulty acceptable to the City Council for
the patio and driveway expansion.
C. The conditions and Zoning Code limits imposed anct existing on this property
generally apply to all other land and structures in the zoning district in which
this property is located as well as in adjacent residential zoning districts.
9. FURTHER BE IS RESOLVED, the Council hereby approves a variance to permit
36 s.f. of hardcover to permit a 8' X 3' landing and minimal stairway to access the
ground below the patio doors, based on the need to provide for a safe access at this
location. The house has a patio door entrance off the main floor that would have
provided access to the patio. Since the patio door was installed under the original
building permit,it was planned that hardcover would be available to allow a stairway
and patio landing. Following the discovery that the entire 75'lakeshore setback was
not fully delineated on the original site plan, it did not allow a reasonable access to
the patio doors that ha��e been installed.
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10. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports bv City staff, comments by
the applicant and the effect of the proposed variance on the health,safety and welfare
of the community.
11. Authorities granted by this variance run with the propert}�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 this variance will expire on that date
(February 26, 2002).
1?. V iolation 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.
13. The undersigned applicants have read, understand and hereby agree to the terms of
this resolution and on behalf of themselves, their heir�. successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
" Adopted by the City Council of the City of Orono on this?6th day of February,2001.
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�` ,,L"�nda S �le�;`City Clerk Barbara A. Peterson. Mayor
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Property Owner(s) j �
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'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of February,
'?v�l, by Barbara A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
�s�ase�s
RACHEL DODGE
NOTARY PUBLIC-MINNE:'ORA ��.L �� ,(�U�9'�-�—
�����Jan.3t.9A06
Notary Public
�TATE OF MINNESOTA )
) ss.
�uuiv i Y OF HENNEPIN)
On this ��day of n'1�rr_ h ,20 0! before me a Notary Public within and for said
county,personally appeared RU b i n �3i.� ra►�, ma�-r��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 deed.
�
I�ARYPUBLlC-I�N�IEi�CTA �-��_� �-�`--� Uc��'�'1`—�
��01""�0"�'�"'�'� Notary Public
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this�day of �'V�a�-� ,20 0� before me a Notary Public within and for said
county-,personally appeared .���r �t-,-,�� � c,�n� , /Y�a r r!e� 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 deed.
���� ���-
RACHEL Dpp�E Notary Public
I�TARY PUBLIC.A�pNNE^OTA
��Explres Jan.31�2ppb
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„ . 46 � e�
EXHIBIT A
Lot 4,the Northwest '/z of Lot 5;that part of Lot 3 lying Southeasterly of a line drawn parallel with
and distant 60 feet Southeasterly of the Northwesterly line of Lot 23 and the same extended,and that
part of Lot 23 lying Northerly of the Southerly line of said Northwest %z of said Lot 5 at
Southeasterly of a line drawn parallel with and distant 60 feet Southerly of the Northwesterly line
of said Lot 23 and the same extended all in Wessel's Subdivision of Spring Park Lots,according to
the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County,
Minnesota.
Also that portion of unnamed alley which lies between Lots 1, 2, 3,4 the Northweterly half of Lot
5 and that part of Lot 231ying Northwesterly of an extension Southwesterly of the Southeasterly line
of the Northwesterly half of Lot 5, Wessel's Subdivision of Spring Park Lots, Hennepin County,
Minnesota,and Southeasterly of a line drawn parallel with and distant 60 feet Southeasterly of the
northwesterly line of said Lot 23 and the same extended.
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