HomeMy WebLinkAboutResolution 3643 0
CITY of ORONO
�'� Iii^SIM 1 s RESOLUTION OF THE CITY COUNCIL
1ktSHS NO. 3 6 4 3 -
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B),
SECTION 10.22, SUBDIVISIONS 1 & 2, AND
SECTION 10.56, SUBDIVISION 16 (L)
FILE #2057
WHEREAS, James Nystrom (hereinafter "the applicant") is owner of the property
located at 1745 Concordia Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 13, Coffee's Addition to Shadywood, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a single family residence
and detached garage on a lot 0.46 acre in area where 0.5 acre lot area is required, and 75' in
v,width, where 100' is normally required, and said residence structure being 9.5' from the north
and south side lot lines where a 10' side yard setback is normally required, and a variance to
Section 10.22, Subdivision 1 to allow said structure to be located less than the normally required
75' setback from the lakeshore and such location encroaching on the average lakeshore setback
where no encroachment is normally allowed, and a variance to Sections 10.22, Subdivision 2 and
10.56, Subdivision 16 (L) to allow hardcover on the property in excess of the hardcover
limitations imposed by the zoning code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono;
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2057.
2. The property is located in. the LR-1C, Single Family Lakeshore Residential Zoning
District.
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c) RESOLUTION RESOLUTION OF THE CITY COUNCIL
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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 fmdings:
A. The lot area and lot width variances should be granted since a residence
already exists on the property and no additional land is available for
purchase by the applicant to make the lot area and width more conforming.
B. T '
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' lakeshore setback, and the
relative location and current use of the residence structure on the adjacent
property do not provide sufficient hardship to justify the granting 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 applicant'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 lines where a 10' side setback is normally required, are
justified by the elimination of the existing 1.6' south side setback by
replacing that structure with a new structure meeting 95% of the required
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.
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CITY of ORONO
�s Iii it C) RESOLUTION OF THE CITY COUNCIL
NO. 3 6 4 3
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.
O. 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 hardcover at locations
further from the lake than currently exists. Overall hardcover on the
property is proposed to decrease from 5,715 s.f. (28.5%) to approximately
5,350 s.f. (26.7%), where the entire lot would normally be allowed 18.3%
hardcover under normal hardcover limitations.
4. The City Council finds that the negative impact on sizes and house layout and
improved location of the residence in relation to lot lines as compared to the existing
residence, is adequate justification for granting of the requested side setback
variances for the new residence, but only in conjunction with a reduction of the side
roof overhangs to a width of 1', resulting in no overhang encroachment nearer than
8.5' from the side lot lines."
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.
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_ CITY of ORONO
'4� )IM; dos RESOLUTION OF THE CITY COUNCIL
` kes1104 NO. 3 643 L
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, 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances to
Municipal Zoning 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 grants 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 hardcover will be allowed in the 0-75 zone.
2. Hardcover in the 75-250' zone shall be limited 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 approved only with concurrent removals of
existing, hardcover to result in no net hardcover increase.
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=1.4. :tit- CITY of ORONO
•;MA-�.
' i'^ C~ RESOLUTION OF THE CITY COUNCIL
1-tfEsii& NO. 3 6 4 3
3. Roof overhang shall extend no closer than 8.5' to the vertical extension of the side
lot lines.
4. Authorities granted by this variance run with the property not with the applicant,
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 will expire on that
date (November 27, 1996).
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 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 property.
Adopted by the Orono City Council on this 27th day of November, 1995.
A EST:
/ /LM-1)14/6:e,c, atA(40( //' / 1/0-i
Dorothy .. il.11in, City Clerk Edward J. Cal an, Jr., Mayor
Prbp'rty O ner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
November, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
r.„„_„_„.„.„,„„...._„,„.„.„,...,,..„.,..„..„ ��
CAROLE A.HASEMAN eaY-�� o�/. ___
*Me., NOT NEPf C-�UNNNN ; Notary Public
r.s My Commission Wires Jan.31,21100 1
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=1 _ �- CITY of ORONO
.4 iii it �G~ RESOLUTION OF THE CITY COUNCIL
\eSHo� NO. 3 6 4 3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a2.34 day of n,Q r , 1994. before me a Notary Public within
and for said county,personally appeared '7t,,,s i(f1 1- ,+,_ si nj/e
known to me to be the person(s) described in and wlio executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLE A.NASEMAN 'SI4XPI
NOTMY PUIUC-MINNESOTA CZ,o-4.)
C► �I
NEPIN COUNTY �-/• ..-J
ie. MyCoernission Expires Jan.31,21)00 tt 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
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
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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RESOLUTION # 3 6 4 3
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council
of the City of Orono with the original record of such resolution in the
Minu es o
Nov-+i�-
of
the
on
proceedings of said City Council at a 199 ,1nandat
othsaid City the same is a true and correct
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my
hand and seal this ,
day of November , 19�_•
Dorothy M. a 1.s, City Clerk
(SEAL)
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