HomeMy WebLinkAbout#2150 Resolution 3753CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 7 5 3
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (A & B) AND 2
FILE #2150
WHEREAS, Kent E. Swanson and Susan S. Swanson (hereinafter "the
applicants") are owners of the property located at 3229B Casco Circle within the City of Orono
(hereinafter "City") and legally described as follows:
Tract B, Registered Land Survey No. 1333, as filed with the Registrar of Titles,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a single story bay
addition at 27 s.f. at the lake side of the residence to be located 65' from the shoreline where
the code would require a 75' setback, a variance to Municipal Zoning Code Section 10.22,
Subdivision. 1 (B). As a bay addition will encroach the average lakeshore setback by 46.5'
and a kitchen addition will encroach the average lakeshore setback line by 33' where the code
would allow no such encroachment and variances to Section 10.22, Subdivision 2 as the bay
addition is located within the 0-75' setback area where hardcover exists at 514 s.f. or 2.9% and
where the code would allow 0%, the kitchen addition is located within the 75-250' setback area
where hardcover exists at 7,517 s.f. or 46.2% and is proposed at 7,517 s.f. or 46.2% and where
the code would allow 25%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2150.
2. The property is located in the LR-1 C, Single Family Lakeshore Residential
Zoning District requiring 21,780 s.f. or .5 acres per residential unit. The
property consists of 33,801 s.f. or .77 acres.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 7 5 3
3. The Orono Planning Commission reviewed this application on July 15, 1996, and
recommended approval of the variances as proposed based upon the following
unique findings and hardships:
A. The property exceeds the area and lot width requirements of the LR-IC
Lakeshore Residential Zoning District.
B. The residence was constructed on the property prior to the 75' lakeshore
setback requirement. The existing house met the original 50' lakeshore
setback although the majority of the structure is located out of the 0-75'
setback area.
C. The pie shape of the lot places severe restrictions on the legal building
envelope.
D. Over 50% of the lot area is located within the 0-75' setback area.
E. 3,500 s.f. of hardcover within the 75-250' setback area consists of shared
drive that serves 3229A and 3229C Casco Circle.
F. There will be no visual impact on the lake views of the adjacent
residences as the two additions are located on the main level and at the
lake side of residence. Adjacent homes are located on a curved peninsula
with view windows facing out to lake and away from applicants'
residence.
G. The bay addition will encroach the average lakeshore setback by 46.5'
and the kitchen addition by 33'. The existing residence is located 52'
beyond the average lakeshore setback.
H. The bay addition will be located 65' from the shoreline and will replace
a deck located 58.5' from the shoreline.
I. The proposed additions each at 27 s.f. will be single story and will be
placed over existing hardcover improvements.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 7 5 3
J. There will be a 49 s.f. reduction in structural coverage. Structural
coverage is at 10.9% and is proposed at 10.7% where the code would
allow 15%.
K. Staff has received no negative comments from the adjacent neighbors
who have been notified of the proposed improvements.
4. 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 applicants; 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 variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (A & B) and 2 to
permit the construction of two 27 s.f. additions at the lake side of the residence and grants a
lakeshore setback variance of 10' or 13.3%, hardcover variances within the 0-75' setback area
of 2.9% and in the 75-250' setback area, 3,451 s.f. or 21.2% and encroachments of the average
lakeshore setback line, subject to the following conditions:
1. Authorities granted by this variance 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
will expire on that date (August 26, 1997).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 7 5 3 ~.
2. 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.
3. 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 26th day of August, 1996.
ATTEST:
Dorothy M. Hallin, City Clerk
Property Owner( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
August, 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.
Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. !3 7 5 3
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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