HomeMy WebLinkAboutResolution 3788 . . .
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^1,4 CITY of ORONO
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't4 ,�;^to �Gti RESOLUTION OF3TH 8CITTY COUNCIL
IkESHO4`' NO.
A RESOLUTION GRANTING
TRANSFER ENTEREI3 VARIANCES TO
ifiNNEPIN COUNTY TAXPAYER SERVICES MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B),
DEC 12 1996 SECTION 10.22, SUBVISIONS 1 AND 2,
a AND SECTION 10.56, SUBDIVISION 16 (L)
filoP • ou INta: FILE #2181
,:, L" DEPUTY
WHEREAS, James Nystrom (hereinafter "the applicant") is owner of the
property located at 1745 Concordia Street within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 13, Coffee's Addition to Shadywood, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a single family
residence and detached garage on the lot, 0.46 acres in area, where 0.5 acre lot area is required,
and where lot is 75' in width where 100' is required by code, and said residence structure will
be located 9.5' from the north and side lot lines where a 10' side yard setback is required, and
a variance to Section 10.22, Subdivision 1 (B) to allow the majority of new residence structure
to encroach the average lakeshore setback where no such encroachment is normally allowed and
a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover
on the property in excess of the allowed hardcover limitation allowed by the zoning code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDING S
1. This application was reviewed as Zoning File #2181.
2. The property is located in the LR-1C, Single Family Lakeshore Residential
Zoning District.
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CITY of ORONO
4411 lite 0 RESOLUTION OF THE CITY COUNCIL
9kEs13.& NO. 3788
3. The Orono Planning Commission reviewed this application on October 21, 1996,
and recommended approval of the renewal variances as proposed based upon the
following unique findings and hardships:
A. The lot area and lot width variances should be granted since a
residence already exists on the property and no additional land is
available for purchase by the applicant to make the lot area and width
more conforming.
B. The average lakeshore setback variance is justified based on the
location of the adjacent house to the north which is extremely distant
from the lake and therefore creates an average setback line which
would force applicant's proposed residence to be similarly distant from
the lakeshore, resulting in not one but two residences out of character
with the general residential development in the neighborhood.
C. The applicant has proposed to remove the existing detached garage
which is 0.1' from the south side line and move that garage to a
location meeting all setback requirements.
D. The requested variances to allow a side setback of 9.5' on both the
north and south side lot lines where a 10' side setback is normally
required, are justified by the elimination of the existing 1.6' south side
setback by replacing that structure with a new structure meeting 95%
of the required setback instead of the existing 16%, and said setback
variances are further justified by the negative impact on room sizes
and house layout if the variances are not granted, and the improved
location of the residence in relation to lot lines provides further overall
justification for the setback variances.
E. Hardcover in the 75-250' zone is proposed to increase from 24.6%
existing to 31% proposed by applicant. Moving the proposed house
and deck out of the 0-75' zone results in a final hardcover (accounting
for reduced sidewalk length) of approximately 4,600 s.f. or 35.0% in
the 75-250' zone. This percentage increase is justified by the
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i ��,'tRESOLUTION OF THE CITY COUNCIL
9kESH0g' NO. 8 7 8 8
hardcover elimination in the 0-75' zone. Further, hardcover in the
250-500' zone will increase from the existing 22.8% to 60% proposed
by the applicant where only 30% is normally allowed, however, a
hardship is the small size of the 250-500' zone and the variance is
justified by the concurrent removal of hardcover in the 0-75' zone and
general reconstruction of hardcover at locations farther from the lake
' than currently exists. Overall hardcover on the property is proposed
to decrease from 5,715 s.f. (28.5%) to approximately 5,350 s.f.
(26.7%), where the entire lot would normally be allowed 18.3%
hardcover under normal hardcover limitations.
4. 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.
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 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 applicant; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the removal
of the existing residence, deck and detached garage and construction of a new residence,
deck and detached garage on a lot of area 0.46 acre where a 0.50 lot area is normally
required, and on a lot of width 75' where a 100' lot width is normally required; and grants
a variance to Section 10.22, Subdivision 1 to allow the new residence and deck to be
constructed lakeward of the defined average setback line, and grants a variance to Sections
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i Gti RESOLUTION OF THE CITY COUNCIL
lkESHOVv NO. 3 7 8 8
10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow 35.0% hardcover in the 75-
250' zone where only 25% hardcover is normally allowed, and to allow 60% hardcover in
the 250-500' zone where only 30% hardcover is normally allowed; and grants a variance
to Section 10.25, Subdivision 6 (B) to allow the new residence structure and deck to be
located 9.5' from the north and south side lot lines where a 10' side setback is normally
required; subject to the following conditions:
1. The proposed new residence and deck shall not be located within the 0-75'
lakeshore setback zone, and no hardcover will be allowed in the 0-75' zone.
2. Hardcover in the 75-250' zone shall be limited to 4,600 s.f. (35.0%) per the
diagram and schedule attached as Exhibit A. Further, hardcover in the 250-
500' zone shall be limited to 750 s.f. (60.0%) per the schedule and diagram
attached in Exhibit A. Applicant is advised that any future proposals to add
hardcover to the property beyond the levels approved in this resolution will
require an additional variance application, and might be approved only with
concurrent removals of existing hardcover to result in no net hardcover
increase.
3. Roof overhang shall extend no closer than 8.5' to the vertical extension of
the side lot lines.
4. 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 wit''=^ ore year of the date of Council approval, or this
variance will expire on that date (October 28, 1997).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution 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 applicant has read, understood 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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,s,. M; I� �0 RESOLUTION OF THE CITY COUNCIL
9kzsTri& NO. 8 7 8 8
Adopted by the Orono City Council on this 28th day of October, 1996.
A EST:
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D—orothy lcallin, City Clerk Edward J. Cal .1 an, Jr., May
Prop ` Owner(s)
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
October, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
T
Notary Public
LINDA S.VEE
1
"O NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY `i
w My Commission Expires.lin.31,2000
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, ,,.,,I, .4,0RESOLUTION OF THE CITY COUNCIL
<1_1(= s11.01‘ NO. 6781:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this -1,- day of . . , , 199= before me a Notary Public within
and for said county, personally appeared , . . , ,,,,,, Ie•
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.
!moi. ..-_:.��iriir .S
LINDA S.VEE ,
NOTARY PUBLIC-MINNESOTA
e et °, HENNEPIN COUNTY NOTARY PUBLIC
1 ..• My Commission Expires Jan.31,2000
llrllls.IIIIIIlI!!l./!I/!r/lf�:/�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ 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
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RESOLUTION # 3 7 8 8
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a eld on
1996ei and ing othatf sthe same is aaid City �true and l ecorrect
October 28
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 30th
day of
October , 19 96 •
- (-12.'66— L-
orothy M. €lin, City Clerk
(SEAL)
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