HomeMy WebLinkAboutResolution 3603 �f.F, �
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��L �G'�' RESOLUTION OF THE CITY COUNCIL
� �kESHOg' NO. c� G O �
A RESOLUTION GRAl�TIl\TG
VARIANCES TO
MUNICIPAL ZOI�TING COI)�
SECTIO�N i0.03, SUSDIVI�IONS 9 (D), i2 AND 14 (C);
SECTION 10.22, SUBDIVISION 2; AND
SEC�ION �0.25, �iTI�DIV�SION 5 (B)
FII�E #2033 '
WI�REAS, Donald R. K_ielley and Arlene K�elley(hereinafter "the applicants")
are owner.s of the property Iocated at 1670 Shadywood Rc�ad within tlie City of Orono
(hereinafter "City") and legally described as follows:
Th4 South 2' of Lot 7 and all of Lot 8, Shadywood, Hennepin Count��, Minnesota
• (hereinafter "the property"); and .
W�IEIZEAS, the applicants have applied to the City for variances to Municipal
Zonin; Code Sections 10.03, Subdivisions 9 (D), 12 and 14 (C); 10.22, Subdivision 2; and
?0.25, Subdivision 6 (B) to permit construction of an addition at 361.75 s.f. to the street side
of the existing residence to be placed fi' from the north side lot line wherz a 10' sethack is
required and where the exisfing structure is located 8" from the lot lirie. The 20.i'x��E.2
detached garage shall be relocated within boundaries of properry and will be piaced 2.6' from
tl�e street lot line where a 10' setback is required and where the garage eneroaches fne County
Road by 7.1'. The garabe will also be placed 3.3' from a second accessory structure where a
10' setback separation is re�uired and 3.5' from the north side lot li:�e where the gar.age �ad
e�cisted 3.5' from the north lot line. The improvement will result in a sttuctural covera�e excess
of 5$0.7 s.f. or 4 o for a total of 2,755.7 s.f. or 19% where 15% is allowed and 15.6% exists
and a hardcover variance within the 75-�250' setback area of 1,552.4 s.f. or 15.8% with total
liardcover of at 4,007.4 s.�. or 40.8%o where 25% is allowed and 51.6% exists.
�jOVV, THE�tEFORE, �E I'r RES�LVED by the City Council of Orono,
Minnesota:
FIl'+�IPdU�
1. This application �vas review�d as Zoning File �2033.
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,�� G'�' RESOLUTION OF THE CITY COUNCIL �
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2. The property is located in the LR-1C, Lakeshore Residential Zonin� District
requiring .5 acre or 21,780 s.f. The properry consists of 14,500 s.f. or .33
acres.
3. The Orono Planning Commission reviewed this application on July 17, 1995, and
recommended approval of the variances as amended based upon the following
unique findings and hardships:
A. Limitations on the lot area and width of property cannot be remedied
because tilere is no adjacent undeveloped lands available for combination.
B. Location of home on adjacent property to the north will minimize any
impact of the substandard side setback.
C. Majority of the lot except for the last 20' adjacent to the shoreline is flat.
• There are extensive grassed areas to allow for drainage to n�n over lawn
areas before entering lake.
D. 505 s.f. of new structure will be offset by being placed over
approximately 189.5 s.f. of existing pavement and landscape areas
underlain with plastic.
E. Tl�e residence structure has no basement area. The two detached garages
on the property are also used for resi.dential storage.
F. In 1982, the City granted setback and hardcover variances for tihe second
� garage on the property.
G. The property is served by municipal sewer and water.
H. The praposed improvement will result in a reduction of hardcover within
the 0-75' setback area at 225 s.f. or 4.8% and in the 75-250' setback area
there is a reduction of 1,065.6 s.f. or 10.8%.
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�� �'�' � RESOLUTION OF THE CITY COUNCIL
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, 4. The City Council fmds that the conditions existing on this property are peculiar
! to it and do not apply generally to other property in this zoning district; that
; grantuig the variance would not adversely affect traffic conditions, light, air nor
i pose a tire 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
j righ.t of the applicants; and would be in keeping with the spirit and intent of the
; Zoning Code and Comprehensive Plan of the Ciry.
� 5. The City �ouncil 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.
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! CONCLUSIONS, ORDER AN� C�NDITIONS
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Based upon one or more of the above findings, the Orono City Council hereby
' grants variances to Municipal Zoning Code Sections noted above to permit construction of a
361.75 s.f. addition to the street side of the existing residence, grants a lot coverage varianc�
' of 580.7 s.f. or 4%, hardcover variance within the 75-250' setback of 1,552.4 s.f. or°15.�%,
� a side setback variance of 4' or 40% for the addition to the principal structure and for the
� relocating of the detached garage the City grants separation setback variance of 6.7' or b7%,
' a street setback variance of 7.4' or 74% and a side setback variance of 6.5' or 65%. This
� approval is subject to the followuig conditions:
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! � 1. All hardcover improvements scheduled for removal and as shown on Page 6 of
� dus resolution shall be completed prior to the footing inspection for new
construction.
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! 2. The area between the detached garages shall be cleared of all hardcover
i improvements and replanted with grass or other suitable �round cover.
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� 3. Appl?cants and future owners are placed on notice that any future requests or
i structural additions to the residence, accessory structures or additions to existing
; accessory structures may be approved only with matching or greater removals of
existing structural improvements on the nroperty.
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'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA ) �
) ss. .
COUNTY OF HENNEPIN ) �
On this a��' day of Qr,���,— , 199� before me a Notary Public within
andforsaidcounty,personally appeared � „/� �, -1- �o-I�ev�p r7�: ���(��c.l
known to me•to be the person(s) described in and who executed the foregoing instru ent,and
acknowledged that he (they)�executed the same as his (their) free act and deed.
CARGLE J BOGUT .
•.�,�'i NOTARY PUBUC—MINNESOTA . r _
�j,,'`` HEiVNE�IN COUNTY NOTARY P LIC
'�`'' My commission expires Ol 31 00 ,
w.
• 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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Pa�e 5 of 6
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