HomeMy WebLinkAbout#2644 Recorded Resolution 4640343'1874
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 6 4 0
A RESOLUTION GRA.NTING _V.ARI.AJ~LCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C); SECTION 10·:22,
SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) (2);
AND SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. #2644
WHEREAS, Gary Marquardt and Joar .. Marquardt (hereinafter "the applicants")
are owners (hereinafter "the owners") of the property located at 2617 Casco Point Road within
the City of Orono (hereinafter "the City") and legally described as follows:
Attached Exhibit A
(hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 15, 2001 and continued the hearing to March
19 , 2001, at which times all persons desiring to be heard concerning this application were given
the opportunity to speak thereon; and
WHEREAS, the applicant has applied for a variance application to the City for
variances to:
1. Section 10.22, Subdivision 2 and Section 10 .56, Subdivision 16 (L) (2): To permit an
alteration to existing hardcover over the allowed 25%.
Lot Area 75-250'
Allowed Hardcover
Existing Hardcover
Proposed Hardcover
12,727 s.f.
3,181 s.f. (25%)
3,710 s.f. (27.3%)
Metro Legal Services Inc.
Box 491
3,980 s.f. (31 %) (rock/plastic removed)
2. Section 10.03, Subdivision 14 (C): To permit greater than 15% lot coverage by
structures.
Lot Area
Allowed Coverage
Existing Coverage
17,467 s.f.
2,620 s.f. (15%)
2,970 s.f. (17%)
Page 1 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 6 4 0
Proposed Coverage 2,961 s.f. (16.9%)
3. Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 5'
from the side property line for construction of a 24' X 26' attached garage, where a 1 0'
side setback is required and to permit the garage addition 27' from the front property
line where a 30' setback is required.
4. Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 2.64'
from the side property line to permit the addition of a second story above the existing
residence within the required 1 O' side setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2644.
2. The property is located in the LR-IC (1/2 acre) One Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on February 15, 2001
and March 19, 2001 and recommended approval on a vote of 5 to 0 for
variances based upon the following findings and hardships:
A. The total hardcover on the property would be increased primarily due to
the longer driveway required to safely access the house. Several
obstacles including a neighboring fence, tree and .telephone pole block
much of the view to the street to the existing garage entrance. The
attached garage allows the vehicles to back out into the yard (but a paved
backup apron would make more sense) and approach the street at an
angle improving views to the street as well as allowing vehicles and
pedestrians traveling on Casco Point Road to more easily view entering
vehicles from the applicant's property.
B. The property as developed exceeds the allowed hardcover. A large 750
s.f. lakeside deck along the lakeside of the house would being removed
Page 2 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
to reduce some hardcover closest to the lake. A 14' X 14' four season
porch would be constructed in its place. The four season porch would
be located 105' from the OHWL of Lake Minnetonka.
C. The property was developed prior to the adoption of the zoning
ordinance. The house is approximately 1 O' from the side lot line at the
lakeside and is angled to a point where the house is only 2.85' from the
prope1iy line.. A second story addition has been designed to leave the
front ½ (lakeside) of the existing house to one story. Only the back ½
(street side) would have a second story. This concentrates the massing
of the structure further from the lakeshore, and eases the burden of the
views from adjacent residences towards the lakeshore.
D. The overall lot coverage by structures decreases by 9 s.f. Most of the
massing has been relocated from the lakeside of the residence to the
street side to allow for the larger garage. For a lot coverage variance to
be approved an actual hardship must be demonstrated to allow the
increase in structure. The Council has in many situations allowed a
property to replace the total existing structure when remodeling. but it is
uncommon to allow a net increase when already exceeding 15%.
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 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 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
Page 3 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 6 1.t 0
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision
16 (L) (2) to permit 3,710 s.f. (27.3%) hardcover in the 75-250' lakeshore setback; Municipal
Code Section 10.03, Subdivision 14 (C) to permit 2,961 s.f. (16.9%) lot coverage by structure;
Municipal Code Section 10.25, Subdivision 6 (B) to permit an encroachment into the side
setback 5' from the side property line for construction of a 24' X 26' attached garage, where
a 1 O' side setback is required and to permit the garage addition 27' from the front property line
where a 30' setback is required; and Section 10.25, Subdivision 6 (B): To permit an
encroachment into the side setback 2.64' from the side prope1iy line to permit the addition of
a second story above the existing residence within the required 1 O' side setback based on the
approved site plan is attached hereto as Exhibit B, subject to the following conditions:
1. Authorities granted by this variance run with the prope1iy not with the
applicants, but are permissive only and must be exercised by application for a
building pe1mit within one year of the date of Council approval, or this variance
will expire on that date (April 9, 2002).
2. 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.
3. The undersigned applicants have read, understand 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.
Page 4 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 61. 0
Adopted by the City Council of the City of Orono, Minnesota at a regular
• meeting held on the 9th day of April, 2001.
~ Barbara A. Peterson, Mayor ·
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of April,
2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
MARY ANN JOHNSON
NOTARY PUBLIC. MINNESOTA
My ConmlssJon Expires Jan. 31, 2005
Page 5 of 8
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 6 4 0
STATE OF MINNESOTA )
) ss ..
COUNTY OF HENNEPIN )
On this ~day of A-:u.~u s--f , 20 O I before me a Notary Public within and for
-v-n ~Q ;e said county , personally app ai-ed e. e.ff q_,,l1 -Jo qn /?'J<?./2' e :f. Known o me
to be the person(s) described in and who executed the foregoing instru ent, and acknowledged
that he(they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON
NOTARY PUBLIC . MINNESOTA
My Commlssion Expires Jan . 31, 2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 20_ 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 8
Exhibit A
LEU/\L DESC'Rlr·1 ION
~ . ~0 Part of ~l?~k land of Lot 16. Block 2, Winship's Subdi~ision of Lot I, Spring Park
c.....o Second D1v1st0n, and of Orono Avenue· vacated by . abandonment as follows: + Commencing at the Northeast corner of Lot 141 Spring Park; thence West along the
(j North line of said Lot 141 to the Northwest corner thereof; thence North along the shore
V\ of Lake Minnetonka 52 feet; thence Easterly to a point in a line which is the extension
(J Northerly of the East line of Lot 141, Spring Park, at a point 94.5 feet measured along
-;:s said line from the point of beginning; thence continuing Easterly on the extension of said
f:: ~ line 12.8 feet, more or less, to the point of intersection of said line with the Westerly line
of Orono Avenue, as now paved and traveled being a right of way 60 feet wide; thence in
a Southwesterly direction along said line to the point of beginning. according to the plat
thereof on file or of record in the omce of the Register of Deeds in and for I Iennepin
County.
Page 7 of 8
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Page 8 of 8
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