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Home My WebLink AboutResolution 3686 � v .. ,�•,.!��;F3•�. ' � O ' v � O O ,b. - C ITY of ORONO � ' ti � G'� RESOLUTION OF THE CITY COUNCiI � ��kESH.�g'� NO. � �9 � ;� , A RESOLUTION G12ANTING VARIANCES TO MUl\TICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) ]FILE �2i 10 �VHEREAS, Robert J. Dayton and Joan L. Dayton (hereinafter "the applicants") are owners of the property located at 2465 French Lake Road within the Ci�y of Orono (hereinafter "City") and legally descr�bed as follows: Lots 1 and 2, Block l, and Outlot .A, Johnston's French Lake Second Addition; Heiuiepin County, Minnesota (her�;inaf�er "t�ie property"); and • WHEREAS, the applicants have applied to the City for variances to Ivlunicipal Zonin� Code Section 10.56, Subdivision 16 (C) to permit tlie construction of two additiens ta the south or lake side of the existing residence totalling approximately 346 s.f. of nevv principal . stnicture. The 7.8'x�2' family room eapansion will be located 88' from the shoreline wher� a. 150' setback is required and the approximate 23'x12' three season porch will b� 'Iocated 8G'i from the shoreline where 150' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Co�ncil of Orono, Minnesota: FINDING S 1. T'his application was reviewed as Zoning File #2110. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District requirir_� 2 acres in area. Tlie property is also l�cated w�itllii� tY:e shoreland area of a Natural Environment Lake and subject to additional Shoreland Regulations. • Pa�`e 1 of 5 ' ` � ' Y . . , . . • • I O� • � • O O �6. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL �L�k'E Ho4'�'G � NO. � s � 6 - � S - ;. The Orono Planning Commission reviewed this application on February 20, 1996, and recommended unanimous approval of the proposed variance based upon the following unique findings and hardships: A. The home was built prior to the Shoreland Regulations approved by the � City in 1992. The structure was built in 1983 through 1984. B. The original residence structure conformed to all pertinent Shoreland Regulatioris at that time. C. The entire residence structure is located within the 75-150' setback area where no structural improvements are allowed. The entire structure is nonconforming. • D. Based on peninsula shape of the Dayton property and as a result of the new Shoreland Regulations that redefined what was once a wetland to a Natural Environment Lake, the majority of dry building area is unbuildable. E. The improvements will not result in new hardcover as all additions or expansions will be placed over existing structure or deck. � F. Applicants have legally combined Lots 1 and 2 to offset any hardcover excess within the 75-250' setback area. G. Hardcover within the 75-250' setback of combined Lots 1 and 2 is 18,975 s.f. or 13.4%. The proposed improvement will not result in an increase in hardcover within the 75-250' setback area. H. The applicants cannot expand upon their residence without first obtaining a variance as a result of the new Shoreland Regulations. • Page 2 of 5 .,: ,� .� � � . � . . '. . , . � O� • O O b. - CITY of ORONO ,� � .: ��: �G'� RESOLUTION Q� �� TY CAUNCIL e7 . 9kES�I�4�' NO. I. The property is unique based on the irregular or peninsula shape and the fact that a recent ordinance amendment has reclassified 6,444 s.f. of residence structure nonconforming requiring special consideration. 4. The City Council finds that the conditions existing on this properly 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 di�culty; is necessary to preserve a substantial property right of the applicant; 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 a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C) to permit construction of a family room addition granting a 62' or 41.3% setback variance and a three season porch addition granting a 64' or 42.6% setback variance, subject to the folluwing conditions: 1. Applicants shall file a lot line rearrangement of the shared lot line between Lots 2 and 3 so that detached garage shall be totally located within Lot 2 and that structure will meet required side yard setback of 10'. Applicants shall also obtain a penalty building permit for detached garage. 2. Authorities granted by this resolution 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 • v�rill expire on that date (March 11, 1997). Page 3 of 5 . .�.. .,t,i � ' . • � O� • O O �b. - CITY of ORONO � � � �� G'� RESOLUTION OF THE CITY COUNCIL � �kESI3�4 NO. E� � � � ;. 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. ' 4. 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 llth day of March, 1996. A ST: � _ �� . Dor thy M. a in, City Clerk Ga iel Jabbour, Acting ayor Property O er(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this llth day of I��larch, 1996, Uy Gabriel Jabbour & Dorothy M. Hallin, Acting Mayor & City Clerk of the Cit�� of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ^"."`• CAROLE A HASEMAN -��J ,c/ �V"' �` � NOTARY PUBIIC-MINNESOTA ' �� '.� HENNEPIN COUNTY Notary Public • . - : , `,�•d• My Commission Exp(res Jan.31,2�00 Page 4 of 5 ..•��..� e� � ` , 6 - � O� • O O �b. - C ITY of ORONO � � . �� , G'� RESOLUTION OF THE CITY COUNCIL . �`9$'ESH04�' NO. t� � � 6 �_� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 16th day of April , 199 6 before me a Notary ,Public within and for said county,personally appeared Robert J & Joan L. Dayton, husband and wife 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. ;�y�PJ:RNbL�Y4�7JAlr�.�.re+a�r.�t. �G It14 ��72Y1. � : .!.J^ � .l�I �•�'�`a��i: N 1,G �"�it� ..•.t17i� �`��§,,��': A4'� � '•^1�� :��:Ek!'I�ES �Z�;��-< NOTARY P C_ .,,,,,��° JAi�',UARY 3't,iQOn � �, 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 •