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Home My WebLink About#2677 Recorded Resolution 46623434731 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. CC, 6 2 A RESOLUTIO:\T GRANTING VARIANCES TO MUi'\lCIPAL ZONING CODE SECTION 10.22, SCBDIVISION 1; SECTION 10.56, SECTION 10.56, SUBDIVISION 16 (L) (1) SUBDIVISION 16 (C) (6) . .\.. "1) SECTION 10.25, SUBDIVISION 6 (B) FILE NO. #01-2677 WHEREAS, T erry Erv.i n and Dorothy Erwin, (hereinafter "the appiicants") are owners of the property located at 2715 Casco Point Road within the City of Orono (hereinafter ~ "the City") and is legally described as follows: Lot 5, Auditor's Subdivision No. 265, Hennepin County, Minnesota (hereinafter "the property"); and ltJ I.J. ·~ Q WHEREAS, after que 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 \fa y 21 , 2001 , at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants applied to the City of Orono for variances to Municipal Zoning Code Section 10.22 , Subdivision 1 and Section 10.56 , Subdivi s ion 16 (C) (6) to permit alteration to the foundati on and existing residence, including replacement of the second story of the existing house and refurbishing of the interior of the main level of the house, within 75' of the OHWL of Lak e Minnetonka and average lakeshore setback; Section 10 .22, Subdivision 1 and Section 10.56 , Subdivision 16 (L) (1) to permit replacement of a 360 s.f. patio, where a 520 s.f. patio exist s within 75' of the lakeshore; Section 10.25, Subdivision 6 to perm i t alt eration to th e existing hous e 5. 9 ' to the north property line where 1 0' is required; and Section 10 .03 , Subdivision 9 to permit future relocation of the existing storage building 5' from the side property line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was re\·iewed as Zoning File #01-2677 . Page 1 of 5 SCANNED CITY of ORONO RESOLUTION OF THE iTe 8o~NCI L NO. The property is located in the LR-lC (½ acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 21, 2001 and recommended approval on a vote of 4 to O for variances based upon the following findings and hardships: A. The site topography challenges a.riy substantial rev1S1ons to the house location. The steep slope to the road results in the need for a long driveway, and significant site regrading and alteration of drainage patterns in the immediate neighborhood would be necessary to move the house to a location where hardcover standards could be met. Renovation of the existing house, with no expansions where it encroaches required setbacks, would appear to be_ a reasonable approach. B. The existing structure is a legal non-conforming structure that was built prior to the current zoning ordinances. C. No further expansion of the non-conformities (setbacks) would occur. The expansions are being completed within the required setbacks. D. A 520 s.f. patio exists on the lakeside of the existing residence. The patio must be removed to permit excavating for the repair to the foundation. A total of approximately 160 s.f. of hardcover must be removed around the foundation to access, the footings. The 160 s.f. is not permitted to be replaced as it constitutes hardcover within 75' of the lakeshore. A smaller patio, 360 s.f., would replace the existing patio. E. A storage building is located on the north property line. The applicants recognize the building will require future repairs. Repairs also require a variance to relocate the building. A 5' variance would permit the building to relocated and meet a minimum setback of 5' to the property line. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 6 ~ Applicants agree to remove 800 s.f. of hardcover from the existing driveway and parking area within the 75-250' setback. Total hardcover to be removed from the property is 800 s.f. from the driveway and parking area, 160 s.f. from the patio and 187 s.f. of landscape plastic for a total reduction of 1,147 s.f. G. Variances to permit replacement of the second story are approved with a finding this project is a remodel and not a rebuild. Less than 50% of the living space within the existing structure is being removed as part of the remodeling (No area within an existing basement or crawl space would be considered as living space). The walls and structure below the second story removal will remain. 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 Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C) (6) to permit alteration to the foundation and existing residence, including replacement of the second story of the existing house and refurbishing of the interior of the main level of the house, within 75' of the OHWL of Lake Minnetonka and average lakeshore setback; Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit replacement of a 360 s.f. patio, where a 520 s.f. patio exists within 75' of the lakeshore; Page 3 of 5 ti' CITY of ORONO ~ . ' P-1 ~~> ~vf: RESOLUTION OF THE CITY COUNCIL " :v 466~ ~~~~ NO.--~--- Section 10.25, Subdivision 6 to permit alteration to the existing house 5.9' to the north property line where 1 O' is required; and Section 10.03, Subdivision 9 to permit future relocation of the existing storage building 5' from the side property line, subject to the following conditions: 1. Required hardcover removal, noted above, and relocation of the shed are completed prior to applicants requesting a final inspection. A final survey and site plan shall be submitted to the City of Orono indicating final hardcover removals prior to issuance of a building permit. 2. No removal of the exterior walls below the second floor are approved as part of this variance approval, any request to restructure or replace any first floor walls will require further variance review by the City of Orono. 3. Applicants shall submit a final drainage plan to be reviewed and approved by the City Engineer prior to issuance of a building permit. 4. 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 (June 11, 2002). 5. 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. 6. 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 agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 5 l , I • CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 5(&~ NO. ----=----- of the City of Orono, Minnesota at a regular Barbara A. Peterson, 'Mayor STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of June , 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. RACHEL DODGE NOTARY PUBLIC · MINN EGOTA My Commission Expires Jan. 31, 2005 Notary Public STATE OF MINNESOTA ) ) SS , COUNTY OF HENNEPIN ) nd On this dd day of A-u..g us + , 20..Q!_ before me a Notary Public w ithi and for said county, personally appea red Te.1~ <e n,1,3 10 ~ Ooroth:_1 cE.'r c0'1n I (Y\0-t i kiiown to me to be the person(s) described in and wno executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed , RACHEL DODGE NOTARY PUBUC-MINNEllOTA My Commission Expires Jan. 31, 2005 Notary Public Page 5 of 5 34;347"31 "f"'4 OFFICE OF THE REGISTRAR t"-:; OFTITLES ~ HENNEPIN COUNTY, MINNESO:~ / ·~ CERTIFIED FILED ON /.lf-C- ~ ·:--:, SEP 2 O 2001 ~#<3v-Wjff c2f m · REGl~TITLES. BY./:t:#•. DEPUTY /l J/;Sc;-a