HomeMy WebLinkAboutResolution 3602 � .
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�b. � CITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCI L
� ��kESH�g'� � � NO. e� � O �
A RESOLUTION GRANTTiVG-
VARI��C;ES �'�
I�IUNICIPAL 20NS�IG �OL�
SECT'ION 10.2�, ,S��DI�TI���i'd b°(B), , . : . �� .
SECTYO�t 10.22, SUl3DIVISION� 1 c`�z 2,, �iNI) �
SE,CTI�'1Il� 10.56, SUBDI'61I�I0?'+T 16 (7L) ' -
Ai'�I2 U�+i�TY�IG A SIl)E SIN,TBt`�CK Vt-1RI��1IVCE TO a
SECTIO�v 10.25, 3LTBDIVISIOI� 6 (�,)
k'I�,� #�2057 . �
WI�EREAS,James NysLOm (hereinafter "the applica:nt")is owner of the property
]o�at�d at 1745 Concordia Street wiTtun the City oi Orono (hereinafter "City") and legally
uescribed as foil�ws:
• Lot 13, Coffee's Addition to Shadywood, Hennepin County, Minnesota (hereinafter "the
�roPe����� and . �
� ��{����,s, th� applic�nt na5 applied to the City fOr variar.ces ta Municip�l
;Joni:l� Code Sectiu� 1U.25, Subdivision ti B) to aI?o�v canstructic�n of a su.1��� ��anzily resider.c�;
and ���tach�d gasa�e cn a ?c�t 0.46 acre in area ��here 0.5 acre lt�t aze� is required, ar�d 7S' in
���:ds�, s�✓��re 1Q0' is normally requized, an� said :esidence structure b�?��g 9.5' irom the na�!
:�r.cy s��zirry :idz: lat lines ��here a 10' side yard s�tbae3c is normally rec�uired, and a var�anee to
�;�::ti��i I0.22, Subdivision 1 to allow said stracture t� be located less than.ihe nc�rrna�Iy rec�uireci
7�' setback fror� the lakesho:e and such lccation ener�achina on tLte a��E:ra�?e a�kesnoze setback
�,viier� r..� encroacnmen.t is narmally �.11owed, and a variance rG Sectionil i0.2?, Su'��1E'1S1G`�7 �
and 1{)._56, Subdivision lb (L) to allow hardcover on the propert-y� in excess of �he hardcover
li�?�taiioas imposec+ by the zoning code.
�i{�ySr� ��REFC?R�, B� I'I' I�F.S�I..VJCD by tb.e Cit�� C�ou�cil of Orono,
i�t�neso�a�.:
I�'FT��I'�i T�S
1, . This application was reviewed as 7onin� File �?0�7.
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a. - CITY of ORONO
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��� G'�' RESOLUTION OF THE CITY COUNCI L
� ��kESH.�g'� NO. � � d� �
2. The property is located in the LR-1C, Single Family Lakeshore Residential
Zon.in� District.
3. The Orono Planning Commission reviewed this application on August 21, 1995,
and recommended approval of certain requested variances and denial of other ,
requested variances based upon the following findings: ,y
A. The lot area and lot width variances should be granted since a residence
already exists on the property and no addi�ional land is available for
purchase by the applicant to make the lot area and width more
, conforming.
B. The proposed variance to allow construction of a deck in the 0-75'
lakeshore setback zone should be denied because no adequate hardship has
been justified to support such a variance. The removal of the existing
• residence and deck area affords every opportunity and ability to construct
a residence and deck meeting the required 75' lzlceshore setback, and the
relative location and current use of the residence structure on the adjacent
properry do not provide sufficient hardship to justify the ;ranting of the
requested lakeshore setback variance.
C. 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
apglicant'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.
D. 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.
E, The requested variances to allow a side setback of 9.5' on both the north
and south side lot li.nes where a 10' side setback is normally required, are
justif ed by the elimination of the existi.ng 1.6' south side setback by
replacing that structure with a new structure meeting 95% of the required
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�� �'�' RESOLUTION OF THE CITY COUNCIL
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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.
F. A hardcover variances in the 0-75' zone is not justified since the removal
of existing residence and deck allows for the replacement of a new house .
and deck meeting the 75' lakeshore setback and therefore any hardcover
in the 0-75' zone can easily be avoided. Applicant has not shown
adequate hardship to justify placement of hardcover in the 0-75' zone.
G. 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 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
l�ardcover at locations further from the lake than currently exists. Overall
hardcover on the properry is proposed to decrease from 5,715 s.f.
(28.5%) to approximately 5,350 s.f. (26.7%), where the entire lot would
normallj�be allowed 18.3% hardcover under normal hardcover limitations.
4, The City Council finds that the negative impact on room sizes and house layout
and improved location of the residence in relation to lot lines as compared to the
existing residence, is inadequate just�cation for granting of side setback
variances. Further, the Council finds that because the existing house is being
replaced with an entirely new house of different shape and design, the new house
can be designed to meet the side setbacks without causing a hardship to the
properry owner, and fi!rther finds no adequate hardships to justify the granting of
a side setback variance. .
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'�' RESOLUTION OF THE CITY COUNCIL
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5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by Ciry staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the commun.ity.
6. The City Council fmds that the conditions existing on this properry are peculiar
to it and do not apply generally to other properry in this zon.ing district; that
granting the variance would not adversely affect tr�ffic 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 properry
right of the applicant; and would be i.n keeping with the spirit and intent of the
� Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORIl�ER AN� CONDITIONS
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Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoni.ng 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 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 denies 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 hardcov�r will be allowed in the 0-75' zone.
2. Hardcover in the 75-250' zone shall be lim.ited 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 aFproved only with conEUrrent
removals of existing hardcover to result in no net hardcover increase.
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�� �'�' RESOLUTION OF THE CITY COUNCIL
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3. New home construction shall meet the required 10' side setbacks.
4. Authorities granted by this variance run with the properry not with the applicant,
but are perm.issive only and must be exercised by application for a building
permit wittvn one year of the date of Council approval, or this variance will
expire on that date (September 11, 1996).
5. Violation of or non-compliance with any of the terms�de�dshall automatically
resolution shall constitute a violation of the zonuig ,
terminate any authoriry 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
• � properry. �
Adopted by the Orono Ciry Council on this l lth day of September, 1995.
ATTEST: - �
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Dorothy M. Hallin, City Clerk Edward J. Ca .ahan, Jr., Mayor
Property Ownez(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledgerl before me on this llth day of
September, 1995, by Edward J. Callahan, Jr. &Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said i.nstrument was executed on behalf
of the City.
• Notary Public
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�b. - CITY of ORONO
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�� �'�' RESOLUTION OF THE CITY COUNCIL
� ��kESH�g'� NO. e� 6 O � -
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
lcnown to me to be the person(s) described in and who executed tne foregoin� instrument,and
acknowledged that he (they) executed the same as his (their) fr.ee act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN }
On this day of , 199_before me a Notary Public within
and f�r said county,personally appeared
l:nown to me to be the person(s) described in and who executed the foregoing instrument,and
acl:nowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
• Page 6 of 7
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