HomeMy WebLinkAboutResolution 4661 750306'7
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1; SECTION 10.56,
SUBDIVISION 16 (C) (6) AND SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. #01-2668
WHEREAS, Kurtis 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, Fagemess, 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 May 21, 2001, 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 addition of two dormer windows constituting an expansion of the building
envelope of the house within the 75' setback to the OHWL of Lake Minnetonka and an
encroachment into the average lakeshore setback; and variances to Section 10.25, Subdivision
6 (B) to permit replacement of a deck and 3' hand railing above the detached garage within
a required street setback 2' from the front property line where 30' is required and 6' from the
side property 'line where 10' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #01-2668.
2. The property is located in the LR-lC ('/2 acre) One Family Lakeshore Residential
Zoning District.
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RESOLUTION OF THE CITY COUNCIL
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3. The Orono Planning Commission reviewed this application on May 21, 2001 and
recommended approval on a vote of 4 to 0 for variances based upon the
following findings and hardships:
A. The proposed dormer window expansion would not increase the use of
the property, nor have an impact on the views from adjacent residences.
The house was constructed prior to the adoption of the current zoning
ordinance.
B. The previous deck was removed from the garage by the applicant to
allow replacement of the roof below the deck.
C. The deck railing would be replaced to a similar character and style as the
deck that was voluntarily removed by the applicant.
D. The garage is built into a hillside. Access to the deck is even with the
grade located to the rear of the garage. No stairs are required to the roof
of the garage. The railing would be required for safety since access to
the roof is not restricted. The variance would allow a deck and railing
to be located 2' from the street property line and 6' from the side lot line.
No expansion to the previous use of the structure is proposed. The
garage was constructed prior to the adoption of the current zoning
ordinance and is a legal non-conforming structure that has not reached
the end of its useful life. The hill side and size of the lot would make
construction of a new garage further from the street difficult.
E. In the early 1980s the Council approved a variance to permit the garage
to be refurbished in its existing location. Two primary conditions were
placed on that approval. One, the garage would have to be reduced in
size and cut back to meet a 2' setback to the street, and secondly, the
garage would have to be rebuilt with a flat roof to not block the view of
the lake from the neighboring residence. Those conditions were carried
out.
4. 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
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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.
5. 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 addition of two dormer windows constituting an expansion
of the building envelope of the house within the 75' setback to the OHWL of Lake Minnetonka
and an encroachment into the average lakeshore setback; and variances to Section 10.25,
Subdivision 6 (B) to permit replacement of a deck and 3' hand railing above the detached
garage within a required street setback 2' from the front property line where 30' is required and
6' from the side property line where 10' is required, 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 (June 11, 2002).
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.
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.
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b CITY of ORONO
RESOLUTION OF THEACI Y CQUNCIL
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Adopted by the City Council of the City of Orono, Minnesota at a regular
meetn the 11 th day of June, 2001.
10
JT 1W
Clerk
Barbara A. Pet rson, Mayor
Property Owner (s)
STATE OF MINNESOTA ) 1NISE M.LESKINEN
SS. NOTARY PUBLIC-MINNESOTA
My Conpnlssion Expires Jan.31,2005
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11 th day of June,
2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN
On this day of , 20 Q// before me a Notary Public within and for
said county, personally appeared /KukTiS�A-A j EVEV 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.
DENISE K LESKINEN
NOTARYPUBL -MW& 0TA Notary Public
IuyCombftExpimJan.31,2005 TRANSFER ENTERED
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