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HomeMy WebLinkAboutResolution 3753 t�!�_ y.. /� �. �0�� , �.i� � a-��0 � � O`Y • � � b. - CITY of ORONO � F ��� �G'� RESOLUTION OF THE CITY COUNCIL 9 4 No. � '7 5 3 � � kESH� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.22, SUBDIVISIONS 1 (A & B) AND 2 � FILE #2150 • WHEREAS, Kent E. Swanson and Susan S. Swanson (liereinafter "the applicants") are owners of the properiy located at 3229B Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1333, as filed with the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal • Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a single story bay addition at 27 s.f. at the lake side of the residence to be located 65' from the shoreline where the code would require a 75' setback, a variance to Municipal Zoning Code Section 10.22, Subdivision. 1 (B). As a bay addition will encroach the average lakeshore setback by 46.5' and a kitchen addition will encroach the average lakeshore setback line by 33' where the code would allow no such encroachment and variances to Section 10.22, Subdivision 2 as the bay addition is located within the 0-75' setback area where hardcover exists at 514 s.f. or 2.9% and where the code would allow 0%, the kitchen addition is located within the 75-250' setback area where hardcover exists at 7,517 s.f. or 46.2% and is proposed at 7,517 s.f. or 46.2% and where the code would allow 25%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2150. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or .5 acres per residential unit. The property consists of 33,801 s.f. or .77 acres. � Page 1 of 5 � � O ' v • O O b - CITY of ORONO � � ���_ ��,'� RESOLUTION OF THE CITY COUNCIL . �kES8�4 NO. e� "7 rJ :� 3. The Orono Planning Commission reviewed this application on July 15, 1996, and recommended approval of the variances as proposed based upon the following unique findings and hardships: A. The property exceeds the area and lot width requirements of the LR-1C Lakeshore Residential Zoning District. B. The residence was constructed on the property prior to the 75' lakeshore setback requirement. The existing house met the original 50' lakeshore setback although the majority of the structure is located out of the 0-75' setback area. C. The pie shape of the lot places severe restrictions on the legal building envelope. • D. Over 50% of the lot area is located within the 0-75' setback area. E. 3,500 s.f. of hardcover within the 75-250' setback area consists of shared drive that serves 3229A and 3229C Casco Circle. F. There will be no visual impact on the lake views of the adjacent residences as the two additions are located on the main level and at the � lake side of residence. Adjacent homes are located on a curved peninsula with view windows facing out to lake and away from applicants' residence. G. The bay addition will encroach the average lakeshore setback by 46.5' and the kitchen addition by 33'. The existing residence is located 52' beyond the average lakeshore setback. H. The bay addition will be located 65' from the shoreline and will replace a deck located 58.5' from the shoreline. I. The proposed additions each at 27 s.f. will be single story and will be placed over existing hardcover improvements. • Page 2 of 5 . � O� . • O O �b - CITY of ORONO � � ���: �G'�' RESOLUTION OF THE CITY COUNCII . `�kEsKO�' No. 3 '7 5 3 � J. There will be a 49 s.f. reduction in structural coverage. Structural coverage is at 10.9% and is proposed at 10.7% where the code would allow 15%. � K. Staff has received no negative comments from the adjacent neighbors , who have been notified of the proposed improvements. 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 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. 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 Sections 10.22, Subdivisions 1 (A & B) and 2 to permit the construction of two 27 s.f. additions at the lake side of the residence and grants a lakeshore setback variance of 10' or 13.3%, hardcover variances within the 0-75' setback area of 2.9% and in the 75-250' setback area, 3,451 s.f. or 21.2% and encroachments of the average lakeshore setback line, subject to the following conditions: 1. 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 (August 26, 1997). � Page 3 of 5 � � O� � O O ,. - CITY of URONO � � ���: ��'�' RESOLUTION OF THE CITY COUNCIL • �kESH�4 NO. 3 7 5 3 2. 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. 3. 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 Orono City Council on this 26th day of August, 1996. ATTEST: • �/l Dorothy M. Hallin, City Clerk E ward J. Callahan r., ayor �/ Property Owner(s) . � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of August, 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. � Notary Public • Page 4 of 5 . • � � � � ? � O� • O O 6. - CITY of ORONO � F '� RESOLUTION O .T E CITY COUNCIL ���k o4�G No. � �15 3 � ESH 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 • Page 5 of 5 .