HomeMy WebLinkAboutResolution 3758 . � °� .
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��� ��,'�' RESOLUTION OF THE CITY COUNCIL
9kESH�g' NO. � 7 � �
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9(D),
SECTION 10.03, SUBDIVISION 9(E), AND
SECTION 10.25, SUBDIVISION 6(B)
FILE #2160
WHEREAS, David A. Dotzenroth (hereinafter "the applicant") is owner of the
property located at 3225 Casco Circle within the City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 9(D) to allow the existing detached garage plus the
proposed additions to be located 0.2' from the street lot line where a 10' street setback would
normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed
1,000 s.f. footprint building to be located at setbacks ranging from 0.2' to 9.3' from lot lines
where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision
6(B) to allow a side setback less than the required 10' for accessory structures in the LR-1C
zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2160.
2. The property is located in the LR-1C, Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on August 19, 1996,
and recommended approval of the proposed variances based upon and subject to
the following findings and conditions:
d��°,�i�F�R ENTERED
H�tvi��P1�f C.:C)t1NTY TA?il':�Yeft�ERVs�es The existing gazage is located as neaz as 0.2' to the street lot line and
4.4' to the side lot line. The proposed addition to the rear of the gazage
OCT 2 1996 will range from 7.4' to 9.3' from the side lot line.
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BY UTY
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��� ��' RESOLUTION OF THE CITY COUNCIL
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B. Applicant further proposes to reconstruct and construct a new roof over
the existing gazage and proposed addition, such new roof being steeper
in pitch than the existing roof, and portions of it constituting new
structure in locations not meeting the required setbacks from the street
and side property boundaries.
�. The existing gazage doors open towazd the street, making the existing
garage nonconforming because a gazage with doors facing the street is
required by code to be setback 30' from the street lot line.
D. It would be inappropriate to construct the magnitude of additions
proposed while continuing the direct access to the street (Casco Circle),
which currently forces parking to occur within the street right-of-way
where such parking is generally discouraged or disallowed by Municipal
Zoning Code Sections 8.20 and 10.61, Subdivisions 4 and 5.
E. Applicant has agreed to eliminate the garage stall doors facing the street
and has agreed to place such doors on the east side of the
existing/proposed garage structure, and to develop a driveway apron
within the property boundaries to accommodate maneuvering and parking
outside of the right-of-way.
F. The proposed addition located as neaz as 7.4' from the side lot line will
have no significant impact on neighboring property or on the
neighborhood. Raising the pitch of the roof over the existing/proposed
garage located only 0.2' from the street lot line and as near as 4.4' from
the side lot line, will have no negative impact on the neighboring
property owner or the neighborhood, since there are other similazly
situated detached garages in the neighborhood.
G. Planning Commission finds that the reconfiguration of the garage stalls
to enter the east side of the garage, and the concurrent construction of a
new driveway/pazking area to the east of the garage structure, will have
minimal hazdcover impact and will not cause a nonconforming hazdcover
problem, but will result in hazdcover in the 75-250' zone at a level less
than 20%, where 25% hazdcover would be allowable.
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��� �G'�' RESOLUTION OF T E CITY COUNCIL
9kESH0�' NO. ;� 7 erD �
H. Planning Commission recommends that further pazking within the right-
of-way be discouraged by requiring that the applicant remove the existing
concrete apron located within the right-of-way of Casco Circle.
4. The City Council finds that there are a number of justifications for allowing the
applicant to retain the existing stall doors and slab in their current configuration,
and for not requiring their removal or relocation. These justitications include:
A. Tree removal and tree damage would result from a new driveway apron
within the lot boundaries east of the gazage.
B. Additional hardcover would be needed to develop such a driveway apron.
C. Other gazages in the neighborhood are situated similazly to applicant's
existing garage.
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.
6. 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.03, Subdivision 9(D) to allow the existing detached
garage plus the proposed additions to be located 0.2' from the street lot line where a 10' street
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�9kESH04'� NO. 4 7 K Q
setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow
the proposed 1,000 s.f. footprint building to be located at setbacks ranging from .2' to 9.3' from
lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25,
Subdivision 6(B) to allow a side setback less than the required 10' for accessory structures in
the LR-1C zone, subject to the following conditions:
1. Applicant shall reduce the size of the final gazage structure including the
addition such that the footprint does not exceed 1,000 s.f.
2. Reconstruction of the roof to create a higher pitched gable is approved subject
to redesign resulting in no encroachment of the street lot line by the roof
overhangs.
3. If applicant later determines that the superstructure of the existing garage must
be totally reconstructed, this application will require further review by the City
Council.
4. Applicant may retain the existing garage doors facing the road as well as the
existing driveway apron within the right-of-way.
5. A building permit for the garage remodeling/addition shall not be issued by the
City until exterior work on the house pursuant to building permit #7225 is
completed.
6. 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 (September 9, 1997).
7. 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.
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�'�� p'�' RESOLUTION OF THE CITY COUNCIL
9kESH04'� NO. 3 7 5 �
8. 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.
Adopted by the Orono City Council on this 9th day of September, 1996.
AT EST:
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,� ���cc��(fYf T ���Q_i"`i�
o thy M. al 'n, City Clerk Edwazd J. Call�"ian, Jr., Mayor %'
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Pro erty Own s
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of
September, 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 Citv.
' �
JAMIE L.BOSMA —' �'�" ��J`�'
`� NOTARY PUBLIGI�INNESOTA NOt� Ubi1C
� •S�z,:,y;' HENNEPIN COUNTIf
•,..•• My Comm�ssion 6�Dires,lan.31,2000
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��� �,'�' RESOLUTION OF THE CITY COUNCIL
9kESH04'� NO. � "� 5 8
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �day of � , 199�before me a Notary Public within
and for said county,personally appe red ��. - � ,t7 - �,��
known to me to be the person(s) descr' ' d in a who xecuted the foregoing ins ment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
..�S�. =G s.,�„�
,; .�•�.�, JAMIE L.BOSMA , n
�' NOiARY PUBLIC•MINNE50TA
' = �'-.' HENkEPiN COUNTY `�r'u� ���r���
'•.••�i MyCommissionExplreaJin.31,200o NOTAR PUBLIC
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
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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EXHIBIT A �,
RESOLUTION NO. � 7 e5'
LEGAL DESCRIPTION
All that part of Lot 28, Spring Park, lying Westerly of a line described
as follows : Commencing at a point on the northerly line of said Lot 28,
distant �+5 • 5 �'eet southWesterly, measu=ed along said northerly line from
the northeasterly corner of said Lot 28 whicN corner is marked by a
�udicial landmark ; thence southerly along a straight line to the shore of
Lake Minnetonka, said straight line passing through a point , marked by a
�udicial landmark , which is 9 feet aesterly , measured at right angles ,
with the easterly line of said Lot 28, from a point in said easterly line
of said Lot 28, distant 262 . 5 feet southerly from the northeasterly cor-
ner of said Lot 28 ; also all of Lots 29 arid 30, together with and includ-
ing that part of Lake Shore Avenue , vacated , lying in said Lots 29 and 30
and in that part of said Lot 28 hereinbefore described , all in Spring
Park , ,according to the plat thereof on file and of record in the office
of the Register of Deeds in and for Hennepin County, Minnesota, and the
North�aesterly corner of Lot 30 having been marked with a judicial land
mark, and a further �udicisl land mark havin� been located on the west-
erly line of Lot 30 at a point �hich is 2h9. 2 feet southerly from the
north�esterly corner thereof.
a . .
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RESOLUTION # °� � 5 �
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 foregoi.ng 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
proceedin�s of said City Council at a meetin' of said City Council held on
September 9 , 1996 , and that the same is a true and correct
copy of said resolution duly adopted by said Ciry Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 12Lh ,
day of September , 19 96
,_!` _ , .
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orothy M. H , City Clerk
(SEAL)
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(j��ICE UF TPit RC-.uiSTf�Ft�
OF TITIEj
HENNEPiN COUNT.'. MINNESOI�
CERT���ED FlLED ON,
�'���OCT 7 19961
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REGISTRAR OF TtTLE9
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