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Home My WebLink AboutResolution 3743 �� . _.. .�* . � O� • O O �b. - CITY of 4RON0 � F ��: �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. � �' � � A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZOlvING CODE SECTIONS 10.03, SUBDIVISION 14(C); 10.22, SUBDIVISION 1 & 2, 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISION 16(L) FILE #2137 WI�REAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has �dopted zoning regulations for the protection of the public health, safety and general welfare; and ' • WHEREAS, William Dunkley and Susan Dunkley (hereinafter "the applicants") are the owners of the property located at 2709 Walters Port Lane within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, Block 3, Walters Port, Hennepin County, Minnesota`(hereinafter "the property"); and WI�REAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14(C) to allow lot eoverage by structures to increase from the current level of 15.6% to 16.7% where only 15% lot coverage is normally allowed, and to Section 10.22, Subdivision 1(A) to allow construction of a room addition located 40' from the shoreline of Lake Minnetonka where a 75' setback is normally required, and to Section 10.22, Subdivision 1(B) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed, and to Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (L) to allow an intensification of hardcover in the 0- 75' lakeshore setback zone where no hardcover is normally allowed, all of the above variances required for construction of a room addition housing swimming facilities attached to the existing residence structure; and Page 1 of 5 . � °� � � o 0 �b. - CITY of ORONO � � � ��L: ��,'�' , RESOLUTION OF THE CITY COUNCIL � �kESHOg' � NO. '� l��_ , WHEREAS, the Orono Planrung Commission reviewed tlus application on May 20, 1996 at which time the Planning Commission tabled it for revisions. The applicants revised the application which revisions were reviewed by the Planning Commission on June 17, 1996, at which time Planning Commission recommended approval of the revised proposal on a vote of 6 to 1; and . WHEREAS, the City Council reviewed the revised application on July 8, 1996 including the recommendations of the City staff and the Planning Commission, and the comments and written statements submitted by the applicants and the applicants' agents and consultants; and , WHEREAS, the City Council on July 8, 1996 voted 3 to 2 on a motion to deny the variance request, and directed City staff to draft a denial resolution. • NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the variance application described above based on one or more of the following findings of fact concerning this property: FINDINGS 1. This property is located in the LR-1B Single Family Lakeshore Residential Zoning District and has an area of 24,205 s.f. or 0.56 acres. The zoning district requires 43,560 s.f. or 1.0 acres in area. 2. Pre-existing improvements to the property include a residence structure located almost entirely within the 0-75' lakeshore setback zone where no hardcover or structure is normally allowed, including various decks, patios and retaining walls also located less than 75' from the lake. The property also contains a large driveway area in the 75-250' lakeshore setback zone. 3. Pre-existing hardcover is 6,114 s.f. or 35.4% in the 0-75' zone where no hardcover is normally allowed, and 3,386 s.f. or 49.0% in the 75-250' zone where only 25.0% hardcover is normally allowed. • Page 2 of 5 . � � O� • O O A. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL , . `�kESH�4 NO. �Q��_ 4. The Council finds that the intensification of hardcover in the 0-75' zone by converting from a deck to an enclosed room in the 0-75' zone where hardcover akeady greatly exceeds the normal standards, would tend to make that excessive hardcover area more permanent in nature. , 5. Existing lot coverage by structures is 3,764 s.f. or 15.6% where only 15.0% is normally allowed. The proposed construction of an enclosed room for a swimming spa, which would replace an existing open deck on the property, would result in an increase in lot coverage to 16.7%. 6. The Council finds that the properiy as it currently exists contains the maximum amount of enclosed structure that the property can support without creating negative visual impacts as viewed from the lake. • 7. The Council finds that no adequate hardship has been presented by the applicants to support the request for an increase in the lot coverage by structures on the properly, when the property already exceeds the standard allowance for lot coverage. 8. The applicants stated medical need for the addition is not considered a valid hardship to the property, but is merely a hardship to this specific applicant. 9. Granting the required variances would be contrary to the provisions of Municipal Zoning Code Section 10.08, Subdivision 3(A) with which the applicants must first comply in order that variances be granted. The Council finds that: A. The properly in question can indeed be put to reasonable use if used under conditions allowed by the official controls. The properly contains a single family residence with many existing amenities. B. The plight of the applicants is not created by circumstances unique to their property but is merely created by the applicants desire to create an additional amenity on the property. • Page 3 of 5 . . � � � O� • O O b � CITY of ORONO � F ��, �G'�' , RESOLUTION OF THE CITY COUNCIL . �kESH�'�' NO. .e� `x � � C. The essential character of the neighborhood will be altered if the proposed variances are granted and the new additional structure in the 0- 75' zone is allowed to be constructed. D. The amount of light and air in the neighborhood would be diminished by converting the existing open deck to an enclosed structure on this , substandard lot. E. The conditions and zoning code limitations imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located. F. Granting of the proposed variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated • sufficient reasonable hardship or practical difficulty to support the variance requests. G. The granting of this application is not necessary for the preservation and enjoyment of a substantial property right of the applicants. Denial of a room addition for a therapeutic swim area in a location where such � structure would not normally be allowed, is not considered by Council to be a denial of substantial property rights. � 1l. In review of the facival findings noted above, the Council finds that granting of the proposed variances to allow construction of the proposed room addition would be in complete conflict with the environmental standards for lakeshore development within the City and would be detrimental to the public health, safety and welfare. The City also looks to the broader environmental principals and goals set forth in its Community Management Plan and the intent of the specific zoning district standards when dealing with matters of public health, safety and welfare. Issues involving public health, safety and welfare are not only resolved by securing the obvious tr�c and drainage concerns, but the City is obligated to provide the citizens with a designated and optimum level of density, open space and quality of life. Page 4 of 5 • � . . . : � O� � O O �b. - CITY of ORONO � F � : G'�' RESOLUTION OF THE CITY COUNCIL . . ��kESI��g'� NO. � � � � Adopted by the City Council of the City of Orono on this 22nd day of July, 1996. AT ST: �@��`/ I . • r / � � � orothy llin, City Clerk Edward J. Ca an, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me on this 22nd day of July, 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. < �� No Public � " ° "'•: JAMIE L.BOSMA ;•�;� ,i ; NOTARYPUBLIC-MINNESOTA �`'"""° My Comm ss oo Expi��3i,20pp • Page 5 of 5