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HomeMy WebLinkAboutResolution 3651 i ‘Ceurb _ ) ORONO CITY of ,tiL, A., , 1 .,^ G�ti RESOLUTION OF THE CITY COUNCIL � I NO. 3 6 5 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.23, SUBDIVISION 6 (B), 10.22, SUBDIVISION 2, AND 10.56, SUBDIVISION 16 (L) FILE NO. 2084 WHEREAS, Thomas R. McCune (hereinafter "the applicant ) is the owner of the property located at 1473 Bay Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a garage/bedroom/bath addition to be located 10' from the side lot line where a 30' side setback is normally required, and construction of a sunroom located 27' from the side lot line where a 30' setback is normally required, and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow 26.7% hardcover in the 75-250' zone where only 25% hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2084. 2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 20. 1995 and recommended approval of the proposed variances based upon the following findings: A. Tne proposed side setback of 10' for the garage and 27' for the sunroom instead of the required 30', is consistent with other development in the neighborhood. Page 1 of 6 A I ‘1%) ° =' CITY of ORONO /4 �k M"'� G~ RESOLUTION OF THE CITY COUNCIL ESII& NO. 3 6 5 1 B. The new garage addition will result in the removal of the existing detached garage which is located less than 3' from the south side lot line where current standards for a detached garage would require a 10' minimum setback, thereby eliminating this non-conforming structure. C. The proposed location of the garage/bedroom/bath addition in the northerly half of the property will minimize the amount of driveway hardcover in the 75-250' zone. D. The proposed sunroom is over an existing deck and therefore constitutes no new hardcover in the 75-250' zone. Further, the proposed sunroom does not encroach on the average lakeshore setback, and its location 27' from the lot line will have no impact on neighboring properties. E. The increase in hardcover on the property from 23.9% to 26.7% is being minimized by removal of a portion of the existing deck, as well as removal of the detached garage and existing sidewalk. Hardcover in the 250-500' zone of 19.9% where 30% would be allowed also is a positive aspect of the proposal. F. Because the existing septic system is located in the area of the proposed garage/bedroom/bath addition, and because that septic system must remain in use until/unless municipal sewer is provided to the property, it is appropriate that construction of this addition be delayed until such time that sewer is available, while the sunroom addition will not be hindered by the septic system location. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 1 • .� o0 1I�' - ,w CITY of ORONO 14 111 ' J►r 71$4, 1r til, ti RESOLUTION OF THE CITY COUNCIL ikESH�4 NO. 5. 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 variances 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 applicant, 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 a variance to Municipal Zoning Code Section 10.23 Subdivision 6 (B) to allow a side setback of 10' for the garage/bedroom/bath addition and a side setback of 27' for the sunroom addition, where 30' side setbacks are normally required, and grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' lakeshore setback zone at 26.7% where only 25% hardcover is normally allowed, subject to the following conditions: 1. Hardcover in the 75-250' zone shall not exceed 5,425 s.f. or 26.7% per the hardcover schedule and diagram attached to this resolution as Exhibit B. All hardcover to be removed in the existing deck area shall be removed prior to footing inspection for the new sunroom. Occupancy of the new garage/bedroom/bath addition shall not occur until the existing detached garage, blacktop driveway and sidewalk have been removed. Applicant is advised that any future proposals for hardcover in the 75-250' zone will require a variance application, and might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no hardcover increase. The standard 30% hardcover allowance in the 250-500' zone shall be reduced by the 350 s.f. overage in the 75-250' zone. 2. The new driveway to be located along the north lot line shall be constructed no closer than 5' from the north lot line to allow for snow storage, etc. Page 3 of 6 .. . ',. ., . ‘cp. 0.4 )= ORONO CITY of 1 ���A ti RESOLUTION OF THE CITY COUNCIL � G No. 3 6 5 1 AkES80. 3. A permit for the garage/bedroom/bath addition shall not be issued by the City until such time that municipal sewer is available for connection to the property or until such time that a new conforming septic system has been installed. 4. A construction permit for the sunroom shall not be issued until one of the following occurs: a. Applicant executes a "Septic System Upgrade Agreement" and provides the required Letter of Credit to ensure that the septic system will be upgraded in a timely manner absent the installation of municipal sewer; or b. The City Council has ordered the installation of municipal sewer to serve the property; or c. A new conforming septic system has been installed on the property. 5. 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 (December 11, 1996). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. 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. Page 4 of 6 • ,• • r, ' 01:° _V O -_ t w CITY of ORONO '.� c; I ': ti�W.---_..,...___ RESOLUTION O THE CITY COUNCIL • 9kEssos'i of' NO. 1) 6 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of December, 1995. A I ST: / dt 1‘-%-. __ k JEdward J. Cal an, Jr., Ma or Dorothy Mc=llin, City Clerk ..� kt__, „4,-,-,--,,- /7 , /, /,,,/ ,,_ Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of December, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 0_.41,2..LU )i.itt4'nti- 1ff»�f��rr�1����`���r���..� Notary, P blic • A .i'i - NOTARY JAMIE PUBLLIC-BMINOSMNESOTA 1 p• HENNEPIN COUNTY My Commission Expires Jan.31,2000 S .r�.ri✓.y�.irrfrr�fffr��r �.yi y5 Page 5 of 6 1*:-° O CITY of ORONO %(,1 c, RESOLUTION OF THE CITY COUNCIL .4`4k'ESTri& NO. 3 6 e5 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally alp red _ +,a o vi-r hA A `-'-Q, 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. JAMIE L.BOSMA fi �: NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY NOTARY PBLIC S My Commission Expires Jan.31,2000 �/ �..�JlL/./II/1lJIIIIILLI!!/!�!y" STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this /94A day of .....U;)„„Q r , 199 . before me a Notary Public within and for said county, personally appeared ar-11% • executed the foregoing instrument,andknown to me to be the person(s) described in and who acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A.HASEMAN 1 :,..404,\ ' NOTARY PUBLIC-MINNESOTA 1 NOTARY PUBLIC HENNEPIN COUNTY ��JrJ' -MY Commission Expires Jan.31,21103 Page 6 of 6 Exhibit A Resolution No. 3651 Legal Description (As contained in Certificate of Title No. 74093) Tracts E and N, Registered Land Survey No. 192, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Together with an easement for driveway purposes over Tracts J, K, L, M, 0, P, Q and R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to a public easement in the Highway known as County Road No. 7 as to Tract E; Subject to the portion of said land between the high water mark and the low water mark of Lake Minetonka to the public right, including the right of the State of Minnesota to use or reclaim said portion for any public purposes now authorized by law; (as to Tract E). Also known as PINS No. 10-117-23 34 0005 iiZ. • — .fix z e moi: 'Fi F7e Fu�KErix.7 • • 7i/ . • • . ' er-wEw . 'w �/ • � LO - / / i / / EAST B iceq _10 i .,..„. 3.91-: r/t 430.14 ` ' „,,,,i0.- � - --- eaoo /// i • i • 1_1..... , , 17 7/, k•k*r . ,,--"Zei120:047.' '. i / ,S•4.4).e / % // I.4V . • • - P I --c$ . 14u &CY //liS' 4.#7;-.1-4P ,,,/:/.,,,,,ii's AI ti •o • `r �- !tom ;:, f..".:. / 4e.dc/f1174 ,,,--- �” I mS ry IV • 1a Itt 6' ;' .�' � : -o-raeo� }� ��/ ..'?�/� r�� ! / y/ 4. /. ' . 4f 44 A' '�. Ui 1. � (4's ' 17/ * /; AluoruD6 rye' �. 4•mfr ` // g 0 1r co / r •-•._ 1- OF coNCR IS,221z �,, v 2 t J /` ea, ) T ��� �i • ,t 011 LAKE SN /\ CY ,,i�. \� : /1__f # • `QJ y / r \ T ' jd _SUNiooM• % // �. t r '. ' DRIVEWAY �, �' '-yMFtANGB-RSavesr - 82.11 --- / A� P IRONS I,' IRON.;77;r� I/ f/? '.�1 -I- B L A C K T 0 — — y '� •-, -- 'I/ �v- / `// ` T. r to .ee d" f� � -'/ /1' 13 i 13. • _ vats a 403.43 a //. / / ,�� / `�" O •� r • -• y a '/ =_g€fip�tE_�E.x,.Sys rJG D2vvEwl►i�, Zo3 / !�. �}� �' 2 �. 1.tctz - '�` 47. / O / �.�ncC.1{� (s14Rlt(r6� NM) S tDFWf LK / i' NQ: OF DECK IS 147.2 • y/ - - ,r fi.t fItOY LAKE gat / �O to 3: 91 /... C")44; . / J / Walt.7dYADE.D84L.__ 1\41. 3 - • g . ii N - - UST N GV Gov 17-wt'"'t la r l..-7 1 y - . �� /1/ l " �S- 2SU �}PPP..� - P�.��,,�G �z xis-)�C3�x2>> +�,o=�� -- ----.. 1 -_ 5 -2Sa E>07-i1/..)C› - • _ 302-1 /r/-600_.f_ .___. .. Ho -n sisRDCOVER. W,>= O 7 S.F. — D ti Ho= l z /g = _______11.1._s.F. Wdm 2S -sno APPre-0\10 EXISTING FL4RDCOVER LN ZONE 7 Ss" S.F. 2 y = S.F. - m A. House 6S Z Z_ = I. - ® SJ N Roots x -- Units x Witch S.F. ' 0 rigid B.R./SPeni z /3 -s.F. f/Lp(oSa� LOVCa -- - ---- x �- a S.F. /: .- 3 O _ x Z G r_S a A__lila_S.F. GA2 C.Cae4utQi .... - - �/[5. S-C. --- - x -- = S.F. 'ti ` © B. Garage ... l.y /q/ / - -- ! Cv x 1/i- S.F. 16•2_s - - - f I = ` °�-: /B x = S.F. �f./UfWQ, v .C. Driveway —- — I O B. PGarageART Z 2 x 2-z x I/7- = /Sy S r'.1 • _ I l z s /y - - -- -- ----- - . (P/'1R7/At> - a = O S.F. _ )�S.F. :.i n g2•01 j 7` L? I.� - -- x Sidewalk x 3 - S.F.C. Driveway / o = 0 S.F. i 2 D. 38 x ;�Aitie� Pi>f1 J /2-7 2-.3 ,C2Yx3� �3- -z o' x s gy s.F. ---- I$6 S.F. , _ • D. Sidewalk G Z x 3— = S F . / ® E Patio/17=k 18 z 7 - y S.F. ,•1 /�p�Q �L� 4 / x ^ O psalm* F S = =�S.F. 1 39 - — --�I/J s/.- ��(aC��"Ll_r.l_�._. 82.1 S F , 3 __ X — S.F. .j ® E Patio/Deck x 3 573 S.F.09 CO ` .•``° F. hasiseeps Idadsd'r° —?� z 3' _ sr I /8X1 = y32 t /7X y.s=77 = Iss S.F. '`' I yKr- BYP O %0 8 X 1/+- S.F. 2� f� /L1 f l�(� w[�.f ��p�c F. 3 1 x S y2L S.F. In 1b0( 8.3 x G - -��' ""w' +�►!V CSG C 1`^r-moi lO 7/ z (° = Soy S.F. I C G. °cb"SNED yGaS S.F. A. Tia- 33 X X l�Z y O 5 F TOTAL HARDCOVER>N ZONE - S.F. B G. Other Pont S,3 x (� = SO S.F. TOTAL PROPERTY AREA 1N ZONE Z$ 7.W/!NO(/T F2aOL 65)(asOC) �'8 SRC) A y-_ L'L%S + B 20,300 x 100 = �--- X. �� s _ 33b 5 a,a- 7.yo H6 S.F. A Asy2.s• , 0 20,30o x/Oo 26.7 % W/7N Pool. 1 TOTAL HARDCOVER IN ZONE ,, 2 0 ?oo S.F. B 13 TOTAL PROPEJt 0 y. A IN ZONE ( poo c SJ RiAL6 y0X B�SF) A B z,300 x 100 - l 34 xw,�T'u N•CD totaLt6tDat� 8 yG - Z 0,3eO X/00 2 3,9 9/0