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Home My WebLink About#2881 Resolution 4975r , ,, -CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBDIVISION l(B), 10.22 SUBDIVISION 2, 10.56 SUBDIVISION 16 (C)(6) AND 10.56 SUBDIVISION 16 (L)(2) FILE NO. 03-2881 WHEREAS, Curtis 0. Midthun and Kathleen A. Midthun (hereinafter "the applicants") are the owners of the property located at 2941 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 92 and that part of Lot 93 lying southeasterly of a line running parallel with and 30 feet distant from the southeasterly line of said Lot 92; that part of lot 104 lying southeasterly of a line running parallel with and 30 feet distant from the southeasterly line of said Lot 104, including that part of vacated Lake Shore Avenue lying across the above Lot 92 and the above part of Lot 93, all in Spring Park, according to the plat thereof on file or of record in the Office of the County Recorder, Hennepin County, Minnesota (hereinafter the "property"); and '\VHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75-250' zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22 Subdivision l(B) and 10.56 Subdivision 16 C(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed. NO\V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2881. 2. The property is located in the LR-1 C Lakeshore Residential Zoning District, which requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot contains 0.63 acre and has a defined \Vidth of 90'. Page 1 of 6 ,, ·cITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 't' b 3. The property contains an existing residence structure and detached garage, comprising 'lot coverage by structures' of 9.3 % where up to 15 % is normally allowed. The existing residence, garage, decks, sidewalks, driveways, and other calculable hardcover on the property totals 354.1 s.f. or 5.2 % in the 0-75' lakeshore setback zone where no hardcover is normally allowed; 4,998 s.f. or 31.7% in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed; and 293 s.f. or 5.9 % in the 250-500' zone where 11p to 30% hardcover is normally allowed. 4. Hardcover on the property after proposed additions and equivalent concurrent removals will not change from the existing numbers and percentages in the 0-75' and 250-500' zones but will decrease to 4,601 s.f. or 29.1 % in the 75-250' zone. Proposed lot coverage by structures will be approximatelyl 1.3 %, well below the 15% maximum allowed. 5. The applicants had initially requested a side setback variance to allow the construction of a first story kitchen addition above an existing basement office room located 1 foot from the side lot line where a 1 0' side setback is normally required. 6. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended approval of the requested hardcover and average setback variances on a vote of 7-0, conditioned upon revision of plans to remove the basement setback encroachment and construct additions meeting the required 1 0' side setback, limiting 75-250' hardcover to no more than the existing level of 4,998 s.f., and encroaching no further into the average lakeshore setback, based on the following findings: a) The additions when constructed per the recommended conditions will result in no loss of existing views of the lake enjoyed by the affected property owner directly to the south, due to the increased side setback from the existing situation and existing topography and vegetation. b) The proposal concurrent removals in existing hardcover will result in no net increase in hardcover on the site. c) The existing basement in the area of the proposed kitchen addition is 1 foot from the side lot line where a 1 0' setback is required, and is not structurally sufficient to support a story above it. This basement must be removed and replaced in order for such addition to occur. There is no hardship justification Page 2 of 6 . CITY of ORONO RESOLUTION OF THE CITY COUNCIL A Q '7 5-, NO. <z o -· to allow construction of a first story above a new basement located so close to the side lot line, as such new construction would result in continued drainage and access concerns, would increase the longevity of a nonconforming situation, and would have potential negative impacts on the adjacent property. 7. 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 applicants' agents, and the effect of the proposed variances on the health, safety and welfare of the community. 8. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75-250'. zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22 Subdivision 1 (B) and 10.56 Subdivision 16 C(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and attached to this Resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Hardcover on the property is approved at 354.1 s.f or 5.2% in the 0-75' zone; 4,601 s.f. or 29.1 % in the 75-250' zone; and 293 s.f. or 5.9% in the 250-500' zone. Page 3 of 6 ,, ·-cITY of ORONO RESOLUTION OF THE CITY COUNCIL 9 r-r;: NO. 4 7 ~) 3. In order to meet the hardcover levels approved by this resolution, the applicants shall remove hardcover as indicated on the approved site plan attached to this Resolution as Exhibit A. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 12, 2004). 5. 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 misdemeanoro 6. 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 oftitle of the property. Adopted by the Orono City Council on this 12th day of May, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN . CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 9 r,-~~ NO. .:. & <1.) ~ The foregoing instrument was acknowledged before me on this /z-l[~y of A:'.l&iy .· , 200,Q by Barbara A. Peterson, Mayor of the. City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN __..., ALISSA A. WINTERNHEIMER NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2006 2 The foregoing instrument was acknowledged before me on this L'aay of (Vi 0..A...j,,.. , 2ooi by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation?&.nd said instrument was executed on behalf of the City. Notary Public Page 5 of 6 ·c1TY of ORONO RESOLUTION OF THE CITY COUNCIL L! Q po n, NO. ___ ..... _. _ _11_!_,~_-_ STATE OF MINNESOTA COUNTY OF HE7PIN On this$[_ day of tvD--t..J: , 2003, /hct.+ h I een fl . rvr, cH-hu. (), tlV\a-n, personally appeared before me, who is personally known to me -✓~ whose identity I proved on the basis of....,._,_/YI_. __ AJ __ D_J--_________ _ __ whose identity I proved on the oath/affirmation of ___________ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. {;~~";>;:?-2S!:ae:ea,l!!!".282811i1811 ..... ea;B2a~ (~ ., "J'.~ RACHEL DODGE \{ r' ).---!/:) NOTARY PUBLIC· MINNE~OTA t, • · . . .. ./ My Commission Expires Jan. 31, 2005 $ {::' ..-.:.")•-·---~ ......... .::::::, ~ .--,..:,czz.;2.a:z;c.:::::...~ .... • :-:-,. ·'-: ~- STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this~ day of MCU( , 2003, Curt{< Q. /4/c/ f/2 u () 1 /4/tu'r/~ personally appeared before me, who is personally known to me --✓whose identity I proved on the basis of _M~_v_=])_L-__________ _ __ whose identity I proved on the oath/affirmation of ___________ ~ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. DENiSE M. LESKINEN NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2005 Notary Public Page 6 of 6 / \ • N(, . .1H.: Verify tJII ,etevolu_,n onc.J dinu~1:~1ons \ \ \ { I v.ith Contractor prior to any Footing Construction 12£v,sEO: $C07•03 RNSf;O: 5-05-0J DEMARS-GABRIEL LAND SURVEYORS, IN JOJO Horbor lone No. Plymouth, I.IN 55'447 Phone:(76J} S5g-090B Fox: (76J) 559-0479 \ , \ ~ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ .,.·" ,,.,,,. ,. ~ / ,"-<:) \ I 'I," V .,.{" \. \ ~i .,.,. ~ ,., \ / "",. .~ /2 -\c'V\ . i ... , t I) \·k •~ .:1 ,(\'I, k ~ '? N,7✓-.s/6'.?".s -::: , #" ~ °'?"',r 0~ ... \S>"\ ~ ~ \ ,.,_.. ~ .... '" ~.... .. ~'t;.. -~ ~-. \~ ! o Denotes iron monument 000.0 Denotes existing elev. (000.0) Denotes proposed elev. Proposed garage floor elev.s971.17 Existing Lowest floor elev.z956.4 • NOTE: Verify all elevation and dimensions with Contractor prior to any Footing Construction PROPERTY DESCRIPTION {AS PROYTDED BY CUENT} ', 4~ ' '<$"> L O ' 1 Lot 92 and that part of Lot 93 !yinz sout.bea8terly ,• I of a Jina runninz parallel lrith a.nd 30 feet distant , I from the southeasterly line of JJ&id Lot 93; that e.;,.-';JO -,,~oe-,v,r, I, part of Lot J04 Jyinz 11outheasterly of a line -.i' •. runninz parallel -,,jt.h a.od 30 feet distant from the ' southeasterly Jina of said Lot 104, inc]udinz that part of vacated Lake Shore Avenue Jyinz across the above Lot 92 and the above part of Lot 93, all in Sprinz Park, accordinz to the plat thereof o.o file , ·"1. or of record i.o the Office of the County Recorder, , -~ '\.;· :,_ ___________________ H_e_nn_e.;p_I.o_c_o_u_.o_t.;.y_,_M._1_·n_.o~e-s_ot_a_. _______________________ , · · \ <: A~ Ve{:) "Jq \ r:1to1 O:!:e IIARDCOYER !f• \ \ \ :::--:,. ,,, . . :-,..,_,~t' \ 0'-75' ZONE " ~_,':,"},~ '· " .4 's. \ ' ';;-' .. " \ • n\o"n•':10 \ ;-r';i~ \ Z1 BUIU)JNG = 126.6 Sq. FL CONCRETE = 95.3 Sq. Ft. DECK = 132.2 Sq. FL TOTAl, HARDCOVER = 354.l Sq. Ft. OTAL ~.E.( IN ZONE = 8829.24 Sq. FL 5.2X HARDCOVER, OX ALLO'/fED 0'-75' ZONE BUILDING = 128.6 Sq. Ft. . CONCRETE = 95.3 Sq. Ft. 75'-250' ZONE BUILDINGS = 2,987 Sq. Ft. DRIYE/'/fALJ(S = 1,240 Sq. FL DECK = 312 Sq. Ft. REI". '/fAUS = 62 Sq. FL TOTAL HARDCOVER = 4,801 Sq. Ft. TOTAL AREA IN ZONE = 15,780 Sq. Ft. 29.JX HARDCOVER 75'-250' ZONE BUILDINGS = 1587.l Sq. Ft. CONCRETE = 200.3 Sq. Ft. DECK = 808.3 Sq. Ft • BITUMINOUS (D'lfl'.) = 2319.l Sq. Ft. 250'-500' ZONE BITUJ,[JNOUS {D11Y.) = 293 Sq. Ft • TOTAL HARDCOVER = 293 Sq. FL TOTAL AR£( IN ZONE = 5007.18 Sq. Ft. 5.9X HARDCOVER. 30X ALLO'/fED 250"-500' ZONE BITUMINOUS (D'frY.} = 293 Sq. Ft. Owners: Curt & Kathy Midthun 2941 Casco Point Road. Orono, Minnesota. DECK = 132.2 Sq. Ft. TOTAL HARDCOVER = 354.J Sq. Ft. TOTAL UE.t IN_ ZONE _= 0829.:U Sq. Ft. 5.2% HAJWCOYEH, o,: AU01fED UNDSCAPE (PUSTJC ONLY) = 303.2 Sq. Ft. TOTAL HARDCOVER = 4 998 Sq. Ft. TOTAL AREA IN ZONE = 15780.39 Sq. Fl. 31.7% JIAHDCUl't"H, 2t:JX AUOll't'D TOTAL HARDCOVER = 0 293 Sq. Ft.. TOTAL ARE.( IN ZOJ,,'E = 5007.18 Sq. Ft •. t:J.!IX IIAHlJCOl'J::R. :JOX ALLOll'J::11 David C. CrOOlr Dole 1/5o[os V""'· R,g. Ho.~ r;1e No. 111~4 e unzc Scale 1"=30' C:\D'\"""'\ 111••.o,,,; PREPARED FOR: CERTIFICATE OF SURVEY B&B CONTRACTIJVG Exhibit A Resolution No. 4975