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Home My WebLink About#2160 Recorded Resolution 3758CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Sf{ 5 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(D), SECTION 10.03, SUBDIVISION 9(E), AND SECTION 10.25, SUBDIVISION 6(B) FILE #2160 WHEREAS, David A. Dotzenroth (hereinafter "the applicant") is owner of the property located at 3225 Casco Circle within the City of Orono (hereinafter "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 10.03, Subdivision 9(D) to allow the existing detached garage plus the proposed additions to be located 0.2' from the street lot line where a 1 O' street setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed 1,000 s.f. footprint building to be located at setbacks ranging from 0.2' to 9.3' from lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision 6(B) to allow a side setback less than the required 1 0' for accessory structures in the LR-1 C zone. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2160. 2. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District. .., .J. The Orono Planning Commission reviewed this application on August 19, 1996, and recommended approval of the proposed variances based upon and subject to the following findings and conditions: ENTERED liC'Ni~t:r11,~ cot~TY TAXl".i.,YEfl ~nv~ The existing garage is located as near as 0.2' to the street lot line and 4.4' to the side lot line. The proposed addition to the rear of the garage will range from 7.4' to 9.3' from the side lot line. Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 8758 NO. ______ _ B. Applicant further proposes to reconstruct and construct a new roof over the existing garage and proposed addition, such new roof being steeper in pitch than the existing roof, and portions of it constituting new structure in locations not meeting the required setbacks from the street and side property boundaries. C. The existing garage doors open toward the street, making the existing garage nonconforming because a garage with doors facing the street is required by code to be setback 30' from the street lot line. D. It would be inappropriate to construct the magnitude of additions proposed while continuing the direct access to the street (Casco Circle), which currently forces parking to occur within the street right-of-way where such parking is generally discouraged or disallowed by Municipal Zoning Code Sections 8.20 and 10.61, Subdivisions 4 and 5. E. Applicant has agreed to eliminate the garage stall doors facing the street and has agreed to place such doors on the east side of the existing/proposed garage structure, and to develop a driveway apron within the property boundaries to accommodate maneuvering and parking outside of the right-of-way. F. The proposed addition located as near as 7.4' from the side lot line will have no significant impact on neighboring property or on the neighborhood. Raising the pitch of the roof over the existing/proposed garage located only 0.2' from the street lot line and as near as 4.4' from the side lot line, will have no negative impact on the neighboring property owner or the neighborhood, since there are other similarly situated detached garages in the neighborhood. G. Planning Commission finds that the reconfiguration of the garage stalls to enter the east side of the garage, and the concurrent construction of a new driveway/parking area to the east of the garage structure, will have minimal hardcover impact and will not cause a nonconforming hardcover problem, but will result in hardcover in the 75-250' zone at a level less than 20%, where 25% hardcover would be allowable. Page 2 of 7 CITY of ORONO RESOLUTION OF TJ:tE CITY COUNCIL NO. iJ 7 5 8 H. Planning Commission recommends that further parking within the right of-way be discouraged by requiring that the applicant remove the existing concrete apron located within the right-of-way of Casco Circle. 4. The City Council finds that there are a number of justifications for allowing the applicant to retain the existing stall doors and slab in their current configuration, and for not requiring their removal or relocation. These justifications include: A. Tree removal and tree damage would result from a new driveway apron within the lot boundaries east of the garage. B. Additional hardcover would be needed to develop such a driveway apron. C. Other garages in the neighborhood are situated similarly to applicant's existing garage. 5. 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. 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 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 10.03, Subdivision 9(D) to allow the existing detached garage plus the proposed additions to be located 0.2' from the street lot line where a 1 O' street Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 'l 5 8 setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed 1,000 s.f. footprint building to be located at setbacks ranging from .2' to 9.3' from lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision 6(B) to allow a side setback less than the required 1 0' for accessory structures in the LR-IC zone, subject to the following conditions: 1. Applicant shall reduce the size of the final garage structure including the addition such that the footprint does not exceed 1,000 s.f. 2. Reconstruction of the roof to create a higher pitched gable is approved subject to redesign resulting in no encroachment of the street lot line by the roof overhangs. 3. If applicant later determines that the superstructure of the existing garage must be totally reconstructed, this application will require further review by the City Council. 4. Applicant may retain the existing garage doors facing the road as well as the existing driveway apron within the right-of-way. 5. A building permit for the garage remodeling/addition shall not be issued by the City until exterior work on the house pursuant to building permit #7225 is completed. 6. 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 (September 9, 1997). 7. 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. Page 4 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3758 NO. ______ _ 8. 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 9th day of September, 1996. 11 .·· / ;,· . · 1 I/ // / Llt~ ,tJ17vwl .· >-'= 41-fdt ~ Edward J. Call~nan, Jr., Mayor / · '' {'~~ \, - STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1996, 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. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 5 8 On this /7-IIJ day of --n u , 199 4 before me a_No~ary Public within _ and for said county, personally appe red (1. . -'it . 'tt~ t Dt:-'t-i · • '1,Wj_, known to me to be the person(s) descr~d in a who executed the foregoing ins ment,and acknowledged that he (they) executed the same as his (their) free act and deed. 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 Page 6 of 7 LEGAL DESCRIPTION ~758 EXHIBIT A 8 RESOLUTION NO. 7 5, r.- All that part of Lot 28, Spring Park, lying westerly of a line described as follows: Commencing at a point on the northerly line of said Lot 28, distant 45.5 feet southwesterly, measured along said northerly line from the northeasterly corner of said Lot 28 which corner is marked by a judicial landmark; thence southerly along a straight line to the shore of Lake Minnetonka, said straight line passing through a point, marked by a judicial landmark, which is 9 feet westerly, measured at right angles, with the easterly line of said Lot 28, from a point in said easterly line of said Lot 28, distant 262,5 feet southerly from the northeasterly cor ner of said Lot 28; also all of Lots 29 and 30, together with and includ ing that part of Lake Shore Avenue, vacated, lying in said Lots 29 and 30 and in that part of said Lot 28 hereinbefore described, all in Spring Park, .according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, aid the Northwesterly corner of Lot 30 having been marked with a judicial land mark, and a further judicial land mark having been located on the west erly line of Lot 30 at a point which is 249.2 feet southerly from the northwesterly corner thereof. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 8758 ---- 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 Minutes of the proceedings of said City Council at a meeting of said City Council held on September 9 , 19 ~. and that 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 -------12th day of September , 19 ~- , City Clerk (SEAL) ""~!1G 7-::7 .<:1-::v ._..., / AE GISTER ED VOL 2b /0 PAGE 7 7 etizs O~FICE Of THE REGI STAAII OF T ITL ES tfENN EPi N CO UNn'. MINN ES CERT IFIED FIL ED ON (l-4 'OCT 0 7 19961 \'0~ /19-fJ-L- REGI STRAR OF TITLES ______ DEfl.lm ft/ er l"?7 /.-8,,,a/ j-{J-y/?~ /✓, l,