HomeMy WebLinkAboutResolution 3719 ., z
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• b.�- CITY of ORONO
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, • ��L: �G'�' RESOLUTION OF THE CITY COUNCIL
. �kESII�4 NO.
A R�SOLU'�ION GRANTING
VAItIANCES TO
MlJ1vICIPAL ZOAtING CODE
SECTIONS 10.24, SUBDIVISION 5 (B); �
10.22, SUBDI`JISION 2; AN�D 10.56, ��JBDIVISION l.6 (L)
. �'I�.E #209$ .
WI��EREAS, Eva Theobald (hereinafter "the applicant") is owner of the pr�pe:��
locate� at 4101 High�vood Road within the City of Orono (hereinafter "Ciry") and lega.11��
described as follows: ,
Lot 15, Highwood Lake Minnetonka, Hennepin County, Minnes�ta (hereinafter "the
� property���� and . .
WHEREAS, the applicant has applied to the City fc�r ti�ariances io Mumcipal
Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence
to replace the existing residence on the property, the new residence to be located 25' from the
front or stxeet right-of-way line whPre a 30' street�or front setback is nornially required, and
requesting a v��est side setback of 9.5' where a 10' setback is normaily requi:ed, anci requestin�
an ea:;t side setback of 6' where a 10' setback is normally required, and requesting a lot area
variance for construction of a new residence on a property of 8,»0 s.f. in area where lot area
of 4�,�60 s.f. is nornially required, and requesting a variance f.or the existing lot width ���hich
is 50' at fhe sh��reline an� 4•6' at the 75' setback line where the lot widt:n is nermally required
�o be 11U' at s�ch Zocations; and requesting a variance to Sections 10.22, Subdivision 2 aud
10.56, Subdivision 1(i (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 40% where • �
only 1,220 s.f. or 25% hardcover is normally allowed.
NOW, T'HEREFOJ�2E:, �BE IT 12ESOLVED by the City Council o� Urono,
Minnesota:
�INDIN�S
I. This application was .revic;wed as Zoning File #2098.
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2. The property is located in the LR-1B, Single Family•:Lakesliore Residential
Zoning District, requiring 1 acre in area and 140' of l�t width.
3. The Orono Planning Commiss�on reviewed this application on January 16, 1996
� and further reviewed revisions to the application on April 15, 1996 and
recommended approval of the proposed variances based upon the following
� findings:
A. The property currently contains a small 600 s.f. house and no garage, yet
the property already exceeds the 25% 75-250' hardcover._limit due to the
extremely small lot area and narrowness of the lot.
B. The proposed house and attached two car garage will comprise of 1,492
s.f. of structural footprint on the property, meeting the 1,500 s.f.
limitation for'lot coverage on extremely small lots established in zoning
• code Section 10.03, Subdivision 14 (C).
C. The proposed house is located less than the normal 30' required setback
from Highwood Road in order to minimize the amount of hardcover
needed for driveway. The proposed 40% hardcover in the 75-250' zone
is not dissimilar from the hardcover percentages on other properties in
the neighborhood. Further, no hardcover is proposed for the 0-75' zone,
and overall hardcover on the property is proposed at 22.9%, within the
25% standazd of the DNR. , "
D. The west side setback of 9.5' only occurs at a midpoint corner of the
proposed house, while the majority of the structure will meet the 10' west
side setback requirement. Further, the proposed construction has been
revised such that the setback between the proposed attached garage and
the detached garage on the neighboring property exceeds the 10'
minimum structure-to-structure setback requirement.
. F. The proposed 8' east side setback, including a 10'x2' cantilevered segment
approximately 6' from the east side lot line, is necessary in order to
maintain a fiznctional house width for room layout. The house in total
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is orily 24' in width as proposed. The adjacent house on the property to
� the northeast averages 18' from the lot line, hence the separation between
the structures will be maintained at approxirriately 26', greater separation
than might be obtained if all houses in the neighborhood were
constructed right up to the required 10' side setbacks.
� G. While the lot at 8,550 s.f. and width of 46-50' is relatively small
compared to the 1 acre/140' standards of the LR-1B zone, other
developed lots in the neighborhood aze of similar size. Further, the
properry has contained a single fami.y residence for many years and has ,
remained in single separate ovvnership.
H. Applicant has provided a grading and ,drainage plan which will
adequately manage the 'runoff from the property. . Because the
• neighboring property to the east has recently been reconstructed, the
opporhuuty exists for an approgriate drainageway to be developed along
the common lot line.
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.
$. 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
properry right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
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'� RESOLUTION OF THE CITY COUNCIL
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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 10.24, Subdivision 5 (B), `granting lot area .
and width variances for construction of a new residence on the property which is 8,550 s.f. in
• area where lot area of 43,560 s.f. is normally required and where existing lot width is 50' at
the shoreline and 46' at the 75' setback line where a 140' lot width is normally required at such
� locations; and hereby grants further variances to Section 10.24, Subdivision 5 (B) to allow the ,
r residence to be located 25' from the front or street right-of-way luie where a 30' street or front
' setback is normally required, and to allow an east side setback of 6' where a 10' setback is
� normally required, and to allow a west side setback of 9.5' where a 10' setback is normally
� :"'�•requirsd; and further grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision
16 (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 40% where only 1,220 s.f. or
• 25% hardcover is normally�allowed, subject to the following conditions:
' l. Construction of a single family residence on this property shall adhere to the site
plan and construction plans per the survey by Ron Krueger and Associates, Inc.
dated November 19, 1995 revised April 1, 1996 (Exhibit A attached). Any
future revisions to the site plan which change the location or size of the house
footprint, or which result in additional hardcover, will require additional review
by the City. �
2. No hardcover shall be allowed in the 0-75' setback zone. In the 75-250' zone,
hardcover shall be limited to 1,492 s.f. including the house and attached garage,
and 462 s.f. in walkways and driveway, for a total hardcover allowance of 1,956
s.f. or 40% of the 4,882 s.f. 75-250' zone. Any hardcover in addition to that
noted will require variance approval by the City, and is not likely to be
approved in the future unless concurrent removals of pre-existing hardcover
result in no �hardcover increase above the 40% allowance.
3. Applicant shall work with neighboring property owner to the east and with the
City to establish suitable drainageways so that the applicant's construction has
no negative impact on the neighborhood or adjacent properties.
4. Authorities granted by this variance run with the property not with the applicant,
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� but °are permissive only and must�be exercised by application for a building
<permit'witlun one year of t�'�e date of Council approval, or this variance will
expire on that date (April 22, 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.
' � ter_minate any authority granted herein, and shall be punishable as a
misdemeanar.
b. `The undersigned applicant has read, understQOd and hereby agrees to the terms
of this resolution and on� behalf of herself, •her 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 22nd day of April, 1996.
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r . y M. al in, City erk Edward J. Call an, r., ayor
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Prop�rtti Owner(s)
. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN j �
Th.e foregoing instrument was acknowledged before me on this 22nd day of
April, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City
of Orono, a Nlinnesota muziicipal corporation and said instrument was executed on behalf of
the City. . G'
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• o:�•. CAROLE A.HASEMAN
'` NOTARY PUBLIC-MINNESOTA Notary Public
�,�: HENNEPIN COUNTY
+ �• My Commission Expires Jan.31,2�00
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'�' RESOLUTION OF THE CITY COUNCIL
��`q.ItE p4�'G NO. e`3 `d �. �
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STATE OF n1INNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of_ _, 199 '� before me�a Notary Pu�lic within
and foz said county, personally appeared �VA ��I e o h�� � — .
known to me to be the person(s) described in and who executed the foregoing �nstrument;and
ac�:nowledged that he (they) executed the same as his (their) free act and deed.
. m
DAVViV M. FITC!-I
NOTARY PUBL!r,—�,��;R!.,:��q ��_��`!�",
_ HENNEFi3`o��:�:r�T;'
� �` My Comm.Expires,�un.31,20,:�0 0 • • j�jUTARY PU$LIC
�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ),
On this day of , 1�9_ 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 tne foregoing ir.strument,and
ackno�,�ledged that he (they) executed the same as his (their) free act and �ied.
NOTARY PUBLIC
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