HomeMy WebLinkAbout#4613 - variances ' r
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�'',� �'� � RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION DENYING
VARIANCES PER
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2); AND APPROVING
VARIANCES PER SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56 SUBDIVISION 16 (L) (2)
FILE #2651
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,pursuant to State Statutes 412 et.seq.and 462 et. seq.,the City Council
of the Ciry of Orono has adopted zoning regulations for the protection of the public healtr, safety
and general �velfare; and
`VHEREAS,Jeremy Bupp and Robin Bupp(hereinafter"the applicants")are o���ners
of the property located at 2696 Caroline Avenue within the City of Orono (hereinafter "the City")
and legally described as follo�vs:
Exhibit A attached (hereinafter "the property"); and
`VHEREAS,the applicants have applied to the City of Orono for variances to permit
construction of a lakeside patio and expansion of the driveway to exceed allowed hardcover in the
7�-250' lakeshore setback, requesting the following approval:
Section 10.22, Subd. 2 and Section 10.56, Subd. (16) (2): To allow 5,975 s.f. (26.5%) hardcover
where 5,62� s.f. (25%) is nornially allowed.
WHEREAS, the City Council has reviewed the application; the recommendations
of the City staff and the Planning Commission; and thc conunents and written statements submitted
by the applicants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested after-the-fact variances as described above based on one or
more of the following findings of fact concerning this property:
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1. A building permit was issued to permit construction of a ne�v residence on the
property based on a site plan that �vas submitted with the original building permit
application. A Temporary Certificate of Occupancy (T.C.O.) has been issued with
the requirements all the site grading and drainage plans are completed within 180
davs.
2. At the time the building permit was approved, the submitted site plan met all
requirements of the zoning ordinances and building code. After additional review
of the site plan it was discovered the 75' lakeshore setback was not measured
conectly. The site plan indicated a 75' setback to the lakeshore (east side of the
property). However, it was discovered the lakeshore bends around an adjacent
property within 7�' of this property. This resulted in more area of the property being
included in the 0-7�' protected zone where no hardco��er is allowed. As a result, the
area of the 7�-250' zone is actually smaller than initiallv indicated, and the owners
have had to omit certain items of hardcover to remain at the 25% level.
;. When the setback issue was discovered, construction of the new home was nearly�
complete. Since the house�vas nearly complete, it���as not possible for the property
owners to reduce the size of the structure. To conform to the hardcover
requirements,the property owners had to reduce the size of the driveway,and remove
a concrete patio from the plans. Neither had been constructed.
4. Swales are being provided around the house to direct«-ater from the road, drive�vay
and roof around the house and beyond the adjacent homes where the�vater will then
naturally flow towards the lakeshore.
5. In addition to the drainage s�vales, gutters are bein� added to the northeast roof line
to direct�vater to���ards the front of the house and not to��-ards the neiahborin�house.
Draintile �vill also be installed to take the �vater from the house around to the front
of the banl:. Final grading and the draintile �vill not be completed until the grounci
tha�vs in the Spring. Because the additional gradina and drainage improvements
cannot be completed until Spring,staff issued a T.C.O.rather than a final Certificate
of Occupancy(C.O.). When the improvements are complete, a C.O. �vill be issued.
The City of Orono has routinely allowed individuals to occupy a home by a T.C.O.
�vithout all the exterior �vork being complete subject to a defined time period to
complete the work.
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6. The property consists of 0.76 acre, or 33,076 s.f. in land area. The lot is a legal
building site in the LR-1C zoning district.
7. It is the intent of the Comprehensive Plan and Zoning Code to protect the water
quality of Lake Minnetonka by limitinb the amount of hardcover a lot contains. No
hardship e�ists on this lot that�vould support approval of additional hardcover for a
paved patio or expansion of the drive�vay.
8. The granting of the requested after-the-fact variances �vould be contrary to the
provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A) with which
the applicants must first comply in order that variances be granted. The Council
finds that:
A. The property in question can be put to a reasonable use if used under the
conditions allowed by the official controls if the proposed after-the-fact
variances are granted. The driveway has been approved as part of the general
site plan as minimally acceptable 1'or access to the property.
B. Grantina of the proposed after-the-fact variances would appear to serve as a
convenience to the applicants and the applicants have not demonstrated a
reasonable hardship or practical difticulty acceptable to the City Council for
the patio and drivewav e�pansion.
C. The conditions and Zoning Code limits imposed anci e�isting on this property
generally apply to all other land and structures in the zonina district in which
this property is located as well as in adjacent residential zoning districts.
9. FURTHER BE IS RESOLVED, the Council hereby approves a variance to permit
36 s.f. of hardcover to permit a 3' X 3' landin� and minimal stair�vay to access the
ground below the patio doors, based on the need to pro�ide for a safe access at this
location. The house has a patio door entrance off the main floor that �vould have
provided access to the patio. Since the patio door was installed uncier the original
building permit,it was planned that hardcover would be available to allow a stairway
and patio landing. Following the discovery that the entire 75' lakeshore setback was
not fully delineated on the original site plan, it did not allo�v a reasonable access to
the patio doors that ha��e been installed.
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10. The City Council has considered this application including the findings and
recommendations of the Planning Cornmission,reports b�� City staff, comments by
the applicant and the e�fect of the proposed variance on the health,safety and welfare
of the community.
11. Authorities granted by this variance run with the propem-not�vith the applicants,but
are permissive only and must be exercised by application for a building permit�vithin
one year of the date of Council approval, or this variance �vill expire on that date
(February 26, 2002).
1?. 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 punishab!e as a misdemeanor.
13. The undersigned applicants have read, understand and hereby agree to the terms of
this resolution and on behalf of themselves, their heir�, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono on this?6th day of February,2001.
ATTEST:
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Lirida S. Vee, City Clerk Barbara A. Peterson. Mayor
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Property Owner(s)
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,� � RESOLUTION OF THE CITY COUNCIL
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STATE OF MII�'NESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of Februar}�,
���1, by Barbara A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Miruiesota municipal corporation and said instrument was executed on behalf of the City.
RACHEL DODGE �
NOTARY PUBUC•MINNE:OTA �.���.� h�--�- ,�0��-£.—
������ 3t�� Notary Public
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�TATE OF 1VIINNESOTA )
) ss.
wuiv i Y OF HENNEPIN)
On this ,k��day of ��a;-r_ �-, ,20 c I before me a Notary Public within and for said
count_y, personally appeared Rc�b; r� ��i t r_x� rY�c�_,-�-�r-ri known to me to be
the person(s) described in and who executed the foregoing instrument, and ackno�vledged that
he(the5�) eYecuted the same as his (their) free act and deed.
RACHEL DODGE �
NQ7ARY PUSUC-MINNE"-OTA �/��C_ ; h--�—t �c;o��'/`--E--.
� ���0f�'�°"31'� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
-�.,
On this � day of /')'laT�--�-� , 20�� before me a Notary Public���ithin and for said
county,personally appeared �-�r�;--,-,�� � �t,�j� , /�'�a�'rie� known to me to be
the person(s) described in and w-ho executed the foregoing instrument, and ackno�vledged that
he(they) executed the same as his (their) free act and deed.
�-/�c�--ti�.� f�cc��_
RACHEL DODGE Notary Public t
NOTARY PUBLIC-MINNE^07q
� My Cammission ExP�s Jan.31�2006
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EXHIBIT A
Lot 4,the Northwest '/z of Lot 5;that part of Lot 3 lying Southeasterly of a line drawn parallel with
and distant 60 feet Southeasterly of the Northwesterly line of Lot 23 and the same extended,and that
part of Lot 23 lying Northerly of the Southerly line of said Northwest %2 of said Lot 5 at
Southeasterly of a line drawn parallel«-ith and distant 60 feet Southerly of the North�vesterly line
of said Lot 23 and the same extended all in Wessel's Subdivision of Spring Park Lots, according to
the plat thereof on file and of record in the office of the Register of Deeds of Heru�epin County,
Minnesota.
Also that portion of unnamed alley which lies between Lots 1, 2, 3, 4 the Northweterly half of Lot
5 and that part of Lot 23 lying Northwesterly of an extension Southwesterly of the Southeasterly line
of the Northwesterly half of Lot 5, Wessel's Subdivision of Spring Park Lots, Hennepin County,
Nlinnesota, and Southeasterly of a line drawn parallel with and distant 60 feet Southeasterly of the
northwesterly line of said Lot 23 and the same extended.
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