HomeMy WebLinkAboutResolution 4662 3434731
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL �?
NO. 6 6 2
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1; SECTION 10.56,
SECTION 10.56, SUBDIVISION 16 (L) (1)
SUBDIVISION 16 (C) (6) AND SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. #01-2677
WHEREAS, "ferry and Dorothy Erwin, (hereinafter "the applicants") are
owners of the property located at 2715 Casco Point Road within the City of Orono (hereinafter
"the City") and is legally described asollows:
Lot 5, Auditor's Subdivision No. 265, 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 Nlay 21, 2001, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants applied to the City of Orono for variances to
Municipal Zoning Code Section 10.2-2. Subdivision 1 and Section 10.56, Subdivision 16 (C)
(6) to permit alteration to the foundation and existing residence, including replacement of the
second story of the existing house an"-1 refurbishing of the interior of the main level of the
house, within 75' of the OHWL of La:;e Minnetonka and average lakeshore setback; Section
10.22, Subdivision 1 and Section 10.56. Subdivision 16 (L) (1) to permit replacement of a 360
s.f. patio, where a 520 s.f. patio exists %within 75' of the lakeshore; Section 10.25, Subdivision
6 to permit alteration to the existing hc,:zze 5.9' to the north property line where 10' is required;
and Section 10.03, Subdivision 9 to permit future relocation of the existing storage building
5' from the side property line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #01-2677.
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CITY of ORONO
RESOLUTION OF THE gg C,�TJ WNCIL
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2. The property is located in the LR-1C ('/Z acre) One Family Lakeshore Residential
Zoning District.
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 site topography challenges any substantial revisions to the house
location. The steep slope to the road results in the need for a long
driveway, and significant site regrading and alteration of drainage patterns
in the immediate neighborhood would be necessary to move the house
to a location where hardcover standards could be met. Renovation of the
existing house, with no expansions where it encroaches required setbacks,
would appear to be. a reasonable approach.
B. The existing structure is a legal non-conforming structure that was built
prior to the current zoning ordinances.
C. No further expansion of the non-conformities (setbacks) would occur.
The expansions are being completed within the required setbacks.
D. A 520 s.f. patio exists on the lakeside of the existing residence. The
patio must be removed to permit excavating for the repair to the
foundation. A total of approximately 160 s.f. of hardcover must be
removed around the foundation to access the footings. The 160 s.f. is
not permitted to be replaced as it constitutes hardcover within 75' of the
Lakeshore. A smaller patio, 360 s.f., would replace the existing patio.
E. A storage building is located on the north property line. The applicants
recognize the building will require future repairs. Repairs also require
a variance to relocate the building. A 5' variance would permit the
building to relocated and meet a minimum setback of 5' to the property
line.
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A CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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F. Applicants agree to remove 800 s.f. of hardcover from the existing
driveway and parking area within the 75-250' setback. Total hardcover
to be removed from the property is 800 s.f. from the driveway and
parking area, 160 s.f. from the patio and 187 s.f. of landscape plastic for
a total reduction of 1,147 s.f.
G. Variances to permit replacement of the second story are approved with
a finding this project is a remodel and not a rebuild. Less than 50% of
the living space within the existing structure is being removed as part of
the remodeling (No area within an existing basement or crawl space
would be considered as living space). The walls and structure below the
second story removal will remain.
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
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; 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 applicants 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 alteration to the foundation and existing residence, including
replacement of the second story of the existing house and refurbishing of the interior of the
main level of the house, within 75' of the OHV& of Lake Minnetonka and average lakeshore
setback; Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit
replacement of a 360 s.f. patio, where a 520 s.f. patio exists within 75' of the lakeshore;
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CITY of ORONO
G� RESOLUTION OF THE CITY COUNCIL
�kES0 NO. 468
Section 10.25, Subdivision 6 to permit alteration to the existing house 5.9' to the north property
line where 10' is required; and Section 10.03, Subdivision 9 to permit future relocation of the
existing storage building 5' from the side property line, subject to the following conditions:
1. Required hardcover removal, noted above, and relocation of the shed are
completed prior to applicants requesting a final inspection. A final survey and
site plan shall be submitted to the City of Orono indicating final hardcover
removals prior to issuance of a building permit.
2. No removal of the exterior walls below the second floor are approved as part
of this variance approval, any request to restructure or replace any first floor
walls will require further variance review by the City of Orono.
3. Applicants shall submit a final drainage plan to be reviewed and approved by
the City Engineer prior to issuance of a building permit.
4. Authorities granted by this variance run with the property 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 (June 11, 2002).
5. Violation of or non-compliance ,vith 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.
6. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agrees to the recording of this resolution in the Chain of Title
of the property.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Q 0NO. 4 6 6
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Adopted by the City Council of the City of Orono, Minnesota at a regular
rn 11th day of June, 2001.
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rk Barbara A. Peterson Mayor
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STATE O MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th 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.
RACHEL DODGE
NOTARY PUBLIC-MINNE°OTA
W Commission Expires Jan.31,2005 � C<— /� -- /✓2cc
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this day of r �����lS , 20 C�1 before me a Notary Public within and for
' -��"o), known�� c1 t � lti `� to me
said county, personally appeared ler- r � ' )c c
to be the person(s) described in and w o executed the foregoing instrument, and acknowledged
that he(they) executed the same as his (their) free act and deed.
RAC DODGE
NOTARY PUBW-MwenoTA Notary Public
Mir CaenYe M Expist Jon.31.2005
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