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HomeMy WebLinkAboutResolution 3633 .. . . . . ` ► "' � �� � O� . • O • O �b. - C ITY o� URONO � ti '�' RESOLUTION OF THE CITY COUNCIL �L�kE HOg'�G NO. S 6 3 3 S RESOY.UTION GRANTING VARIANCES 'I'O MUNICIPAL ZOIVING COI)E ' SECTIONS 10.22, SUBDIVISIONS 1 AND 2, � 10.55, SUBDIVISION S, 10.56, SUBDTVISION 16(C & L), AND 10.23, SUBDIVISION 6 FILE #2066 WHEREAS, Robert and Iris Waade (heieinafter "the applicants") are ovv�lers of the property located at 14$7 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: • Lots 5 and 6, "N. J. Stubbs First Subdivision in Lot No. 2, Section 11, Township 117, Range 23", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 1, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C) to allow construction of residence additions within 75' of the Iakeshore where no structures are normally allowed, and for variances to Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16(L) for hardcover in the 0-75' lakeshore setback where n� hardcover is. normally allowed, and for a variance to Section 10.22, Subdivision 1 to allow encroachment of the average lakeshore �etback where no encroachment is normally allowed, and a variance to Section 10.23, Subdivision 6 for construction of additions encroachinb the side yard where a 30' side yard is normally required, and a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures of 15.37% where on�y 1S% lot coverage by structures is normally allo«�ed. � NOVV, THEREFORE, �E IT RESOLVED by the City C�uncil of Orono, Minnesota: . FINDINGS 1. This application was reviewed as Zoning File #2066. • 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District requiring a minimum residential building lot size of 2 acres. � Page 1 of 6 � O� � O . O �b� CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL � ��`�.kEs�xo�'�� No. �3 6 3 3 � 3. The property is 0.6 acre in area and contains an existing residence which was constructed in 1959. • 4. � The Orono Planning Commission reviewed this application on September 18, 1995 and again on October 16, 1995 after revisions were made by the applicants, and on a vote of 4-1 recommended approval of the proposed variances as revised based upon the following findings: A. The proposed 10:12 pitched roof to replace the existing flat roof will result in an update of the appearance of the residence without increasing the height to a level inconsistent with other homes in the neighborhood, • and will not appear excessive as viewed from the lake, given the minimal 21' setback of the e�cisting house from the lake. The originally proposed third level addition plus T0:12 pitched roof was considered by Planning Commission as excessive. B. The proposed pitched roof and 12 s.f. triangular addition which encroach lakeward of the average lakeshore setback line will have no impact on � views of the lake enjoyed by neighboring properties. C. The proposed one stall garage addition and north side bumpout will be located 16' and 19' from the side lot line respectfully, where a 30' setback is normally required, but both additions are further from the side lot line than the existing garage at 8.3' from the lot line, which garage is intended to remain in place. Neither of these additions will have an impact on the neighboring property. D. �The proposed enhyway addition and north side bumpout which constitute additional structure and hardcover in the 0-75' setback zone will have no � impact on neighboring properties, are located further from the shoreline than the bulk of the existing house, and will be offset by hardcover decreases in the 0-75' zone which reduce 0-75' hardcover from 39.18% • to 36.14%. � Page 2 of 6 � . � . � O� • O • O �b. - C ITY o� ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ���kE H04�'� NO. e� G e� `� S E. Hardcover in the 75-250' zone is proposed to be substantially reduced from 15.96% to 9.25%, well within the 25% hardcover allowance for that � zone. F. Overall hardcover on the lot, including the shared portion of driveway, . decreases from 8,433.5 s.f. (29.6% of the total lot area) to 7,017 s.f. (24.7%) as compared to the DNR's 25% overall hardcover standard. G. The 100 s.f. (0.37%) proposed excess of lot coverage by structures is justified by the difficulty of condensing the plans any further yet maintaining a suitable floor plan. • 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. 6. 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, lighi, 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 difficuliy; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upan the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivision 1, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C) to allow construction of a 250 s.f. entryway addition, enclosure of an ehisting carport plus 30 s.f. bumpout, 12 s.f. triangular room addition, and replacement of • Pa e 3 of 6 g . - . � O� � O . O ' �b� - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9.I�E p4��'G ' � NO. e� S `� ;� S8 existing flat roof with 10:12 pitched roof, all located in the 0-75' lakeshore setback where no structure is normally allowed; and grants a variance to Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (L) for such construction which constitutes hardcover in the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed; and grants a variance to Section 10.22, Subdivision 1 to allow additional structure which encroaches 13' lakewazd of the average lakeshore setback line where no encroachment is normally allowed, and grants a variance to Section 10.23, Subdivision 6 to allow side yard setback of 16' for a new garage addition and 19' for the carport area bumpout, and allows additional bulk in roof structure, all located within the 30' side yard where no structure is normally allowed, and grants a variance to Section 10.03, Subdivision 14 to allow lot coverage by structures of 15.37% (4,093 s.f.) where only 15% (3,993 s.f.) is normally allowed, subject to the following conditions: • 1. Applicants shall take all necessary measures to protect the existing septic system , during the construction process. 2. Hardcover in the 0-75' zone shall not exceed 36.14% as shown on the atta.ched Exhibit A. Hardcover in the 75-250' zone shall not exceed 9.25% as shown on Exhibit A. Applicants shall remove all hardcover areas not approved to remain in place, prior to the footing inspection for the new additions. Further, applicants are advised that because hardcover in the 0-75' zone substantially exceeds that normally allowed, no additional hardcover in the 75-250' zone above the 9.25% level will be approved. Applicants are advised that future • proposals for additional hardcover on the property are unlikely to be approved, and might be approved only in conjunction with concurrent removals of existing hardcover resulting in no net increase or a decrease in hardcover on the property. 3. Applicants shall adhere to the revised construction plan and site plan submitted and as reviewed by the Planning Commission on October 16, 1995. 4. Authorities granted by this variance run with the property not with the applicants, but aze permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance • will expire on that date (November 13, 1996). Page 4 of 6 . . �., . , , . � �� �. � � o . o �b- - CITY of ORONO � � � ��� �G'�'� RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. e� G e3 e� 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 6, The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themseives, their heirs, successors and assi�s, hereby agree to the recording of this resolution in the chain of title of the properry. Adopted by the Orono City Council on this 13th day of November, 19��. � A EST: ' � . � ��,/ ��°,� �w� ����� thy M. a in, City Clerk Edward ?: �llahan, Jr., Ma� ,�� " � _ _c ����, Property Owner(s) STATE OF MINNESQ a,�1 ) ) ss. COUNTY OF HE?�I�vTEPII�T ) . The foregoing inst�ument was acknowledged before me on this 13th day of� . November, 199�, by Ed�vard J. Callahan, Jr. & Dorothy M. Hallin, Mayor �c Cit�� Clerk of tne City of Orono, .a Minnesota municipal corporation and said instrument was executed on behalf of the Cih�. � ����, .� �.-� _ .•���. LINDA S.VEE Notary Public "' `` ' NOTARY PUBLIC-t�11NNESOTA ' •Y :' : HENNEPIN COUNTY "�-���•° My Cammission Expires J�n.31,2000 • �� ^•-r,:�N��.e.��'� Page 5 of 6 Jt . , w � O� • O • O - A. � CITY of ORONO � � . �� �'�' RESOLUTION OF THE CITY COUNCII ��kESH�g'� Np. 3 6 3 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��' day of /IfOt�Qi-n�1Pl' , 199 -� , before me a Notary Public witYv.n and for said County,pe�sonally appeared ob.�rf 1�/a��.� �ir►c��,P is �� I/U�a G�2. n�arr;e�r 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. o=�•, LINDA S.VEE r � �� ;���' `` . NOTARYPUBLIC-�JIINNESOTA Notary Public •-�� .- ' HENNEPIN COUNTY .� . �,�.�•'� My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) • ) ss. ' COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public � withi.n 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 6 of 6 � .