HomeMy WebLinkAboutResolution 4477 lg. 0
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to. CITY of ORONO
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'Ilk 6 RESOLUTION OF THE CITY COUNCIL
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�9kESHpSc NO. 4
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1
SECTION 10.22, SUBDIVISION 2 AND
Metro Legai Servg ii9N 10.56, SUBDIVISION 16(L)(1)
Box 491 FILE NO. 2581
WHEREAS, John N. Gehring and Kristin R. Gehring, husband and wife,
(hereinafter"the applicants")are the owners of the property located at 1687 Concordia Street
within the City of Orono (hereinafter "the City") and legally described as follows:
The North 50 feet of the South 100 feet of Lot 16, Coffee's Addition to Shadywood
Lake Minnetonka, Hennepin County, Minnesota(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 1 to allow the principal residence to be located 42' from
the shoreline where a 75' setback is required; Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16(L)(1)to allow 1,012 s.f. (26.7%)of hardcover in the 0-75' setback area where 0 s.f.
(0%)is allowed and 999 s.f. (26.3%)exists to permit the construction of a new residence on the lot;
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 15, 2000, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2581.
2. This property is located in the LR-1C Zoning District,where .5 acre or 21,780 s.f. is
the minimum lot area. The property consists of approximately .33 acres or 14,313
s.f.
Page 1 of 6
CITY of ORONO
"Sk 1 1� �� RESOLUTION OF THE CITY COUNCIL
9\kESH�4 NO. 4 4 7
The Orono Planning Commission reviewed this application on May 15, 2000 and
recommended approval by a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. Lots in the Concordia neighborhood were developed prior to zoning
standards for residential development of lakeshore properties. The subject
property and two other lots on Concordia are the only 50' wide lots in the
neighborhood.
B. The proposed new residence will meet the required side setback of 10' on a
lot that is 50' in width.
C. More than one-half of the existing residence structure is located within the 0-
75' lakeshore protected area.
D. The structural coverage will increase from 1,918 s.f. (13.4%) to 2,150 s.f.
(15%).
E. The neighboring property owners were present at the meeting and expressed
their support for the proposal.
F. The improvement would be consistent with improvements on adjacent
properties.
G. The improvement would not have a detrimental impact on the values of the
surrounding residences.
5. The proposed improvement will result in a decrease in hardcover within the 0-75'
setback area from 999 s.f. to 772 s.f.; hardcover in the 75-250' zone becomes 2,410
s.f. The overall hardcover on the lot remains as it exists at 3,384 s.f.
6. The proposed new residence will be located 50' from the lakeshore, but behind the
average lakeshore setback. While the original request was for a 42' setback as
reviewed by the Planning Commission,Council finds that a 50' setback is consistent
with the setback required for the adjacent property;that while the 42' setback would
Page 2 of 6
(70
ny CITY of ORONO
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� ��111,!4 �j' RESOLUTION OF THE CITY COUNCIL
��kES13104 NO. 4 4 7
allow all adjacent homes in the immediate neighborhood to be in line,this would set
a negative precedent whereby other neighboring homes might be expected to be
rebuilt in line at an even lesser setback to the lake, which is inconsistent with the
goals and intent of the Comprehensive Plan.
7. Allowing a 50' setback rather than requiring a 75' setback is justified because of
drainage problems existing in the neighborhood which would be exacerbated by
placing the applicants home at that setback, and which would place the home in
jeopardy.
8. 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 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.
9. 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 to allow the principal residence
to be located 50'from the shoreline where a 75'setback is required;Section 10.22,Subdivision 2 and
Section 10.56,Subdivision 16(L)(1)to allow 772 s.f.(20.4%)of hardcover in the 0-75' setback area
where 0 s.f. (0%) is allowed and 999 s.f. (26.3%) exists to permit the construction of a new
residence on the lot; and a variance to allow 2,410 s.f. (27.2%)in the 75-250' zone where 2,183 s.f.
(24.7%) exists and 2,212 s.f. (25%) is allowed. Approval is subject to the following conditions:
Page 3 of 6
/O O
t , CITY of ORONO
14
M, �47 t c. RESOLUTION OF THE CITY COUNCIL
SH044 NO. 4
1. Hardcover improvements shall be limited to the improvements as shown on the site
plan included as Exhibit A of this resolution,with the exception that the house shall
be located at a setback of 50' from the OHWL. Hardcover in the 0-75' setback area
is approved at 772 s.f. or 20.4%, in the 75-250' setback area at 2,410 s.f. or 27.2%
and 250-500' setback area at 202 s.f. or 12.1%. Any further hardcover on the
property will not be looked at favorably. Any amendments to the site plan may
require further Planning Commission and City Council review.
2. All hardcover improvements scheduled for removal shall be completed prior to the
footing inspection for the new construction. Applicants' contractor shall obtain the
required demolition permits for the removal of the principal structure.
3. 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 12, 2001).
4. 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.
5. The undersigned applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, 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 or Orono, Minnesota at a regular meeting held on the 12th
day of June, 2000.
ATTEST:
Uy
Linda S. Vee, City Clerk Gabri I Jabbour, Mayo
' operty Owner(s)
Page 4 of 6
(g. u%�
t--...'„ to- CITYof ORONO
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IA 1 �,A� G, RESOLUTION OF THE CITY COUNCIL
l9kESHO ��i NO. 4 4 7 'q
STATE-O f INNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of June,
2000 by Gabriel Jabbour 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.
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• r NOTARY PUBUC-MINNESOTA �►
MARY ANN JOHNSON %? G � j
Notary P 11 lic t
h.ro
M)'Condon Expires Jan.31,2005 ti
STATE OF.MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Zcth day of J t(4 e- , 2000, before me a Notary Public within
and for said County, personally appeared ,J h n Iv- G-e h ifir7�y a a SCR,s t.it"/ 6-elie//y, E1 47ee,eq
known to me to be the person(s) described in and who execu'fed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON Nota Public
• NOTARY PUBUC-MINNESOTA S
0ry
My Commission Expires Jan.31,2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2000, before me a Notary Public within
and for said County, personally appeared
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.
Notary Public
Page 5 of 6
' ADVANCE SURVI;PING &. ENGINEERING CO.
5300 S.Hwy.wy.No. 101 Minnetonka,MN 553.15 Phone(612)474 7964 Fux(612)474 K267
SURVEY FOR: JOIIN GEJIRING 0ru d�,,, —r i
SURVEYED: April,2000 DRAFTED:April 10,2000 �- ` ".l' i;.,. :i f., '
LEGAL DESCRIPTION:
The North 50 feet of the South 100 feet of Lot 16,Coffee's Addition to Shadywood Lake Minnetonka,
Ilennepin County,Minnesota.
LIMITATIONS&NOTES: n�
1. Showing the length and direction of boundary lines of the above legal description. The scope of j
our services does not Include determining what you own,which is a legal matter. Please check the Q
legal description with your records or consult with competent legal counsel,if necessary,to make sure es o r' _.`,
that it is correct,and That any matters of record,such as casements,that you wish shown on the survey, C
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have been shown. � .� 111111 "' ,
2. Showing the location of existing improvements we deemed important. ` 1 t
3. Setting new monuments or verifying old monuments to mark the comers of tho property. aJ r 1
4. Showing elevations on the site at selected locations to give some indication of the topography of f
the site.The elevations shown relate only to the benchmark provided oD this survey. Use that
benchmark and check at least ono other feature shown on the map when determining other elevations GRAI'IIIC SCALE
for use ensites N this Y N!
5. Dimensions of the existing garage me shown as measured to the siding,the actual dimensions of 14
r the garage to the framing would be less. �4 k.0TOP OF FWNOA11 533.7 ( MT)
6.:Showing the location of a proposed new dwelling and yard grading for your rcvicw and for the ww FLOOR - 934.7 r r..e- 90IL 4-1O
j review of such governmental agencies as may have jurisdiction. PEAK OF ROOF. 963.2
. GRADE AROUND NOOSE� 933.2 \p
STANDARD SYMBOLS&CONVENTIONS: .. /-7., c4
a "."Denotes 1/2"ID pipe with plastic plug bearing State License Number 9235,set,unless otherwise w ,j Q •
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CERTIFICATION: q 3 M i
1 hereby certify that this survey was prepared by me or under my direct;upervisiom and that I am a 'v ,J":.,, Y .$.
Professional Engineer and a Professional Surveyor under the Laws of tl c State of Minnesota. ca rV J — '
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OFFICE OF THE REGISTRAR
OF TITLES
HENNEPtN COUNTY,MINNESOTA
CERTIFIED FILED ON
AUG 0 7 2000
REGISTRARTITLES
BY DEPUTY