HomeMy WebLinkAboutResolution 5632CITY of ORONO
: RESOLUTION OF THE CITY COUNCIL
NO. 5632
�Z.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-330, 78-1279, 78-1288(b), AND 78-1432
AND A CONDITIONAL USE PERMIT AND VARIANCE
PER SECTION 78-1286
- FILE NO. 07-3259
WHEREAS, Gary and Kathy Gangstee, husband and wife (hereinafter "the owners")
are the owners of the property located at 1374 Rest Point Road within the City of Orono (hereinafter
the "City") and legally described as follows:
Lot 1, Block 1, Rest Point, Hennepin County, Minnesota; also known as PINS No.
07-117-23 33 0012
(hereinafter the "property"); and
WHEREAS, Lake Country Builders on behalf of the owners has made application to
the City of Orono for variances to Orono Municipal Zoning Code Sections 78-330 and 78-1279 to
allow construction of a new single family residence on a lot 0.65 acre in area where 1.0 acre in area
is normally required, and to allow such construction to be attached to an existing garage that is 9.1
feet from the side lot line where a 10 foot setback is normally required; and a variance to Section 78-
1288(b) to allow in conjunction with the new home construction, 0-75' zone hardcover of 7.72%
where 8.98% hardcover currently exists and no hardcover is normally allowed, and 75-250' zone
hardcover of 27.4% where 35.2% exists and only 25% is normally allowed; and a variance to Section
78-1432 to allow retention of an accessory structure upon removal of the principal structure; and a
variance and conditional use permit for retaining wall reconstruction and grading within 75' of the
shoreline; 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 20, 2007 at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; the application was
subsequently revised by the owners and reviewed by the Planning Commission again on April 16,
2007 at which time the Planning Commission voted 5-0 to recommend approval; and
WHEREAS, the City Council reviewed the revised application on May 14, 2007 and
directed staff to draft a resolution reflecting approval of the variances as requested in the most recent
revision, subject to all engineering issues being resolved prior to final action.
Page 1 of 5
CITY of ORONO
RESOLUTION OF TI� CITY COUNCIL
NO. 6 3 2.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #07-3259.
2. The property is located in the LR -1B One Family Lakeshore Residential Zoning
District, which requires minimum lot area of 1.0 acres and minimum lot width of
140'. The lot contains 0.65 acre in area, and is 131' feet in defined width at the
shoreline and 138' in defined width at the 75' lakeshore setback. There is no
additional land available for acquisition by the owners to allow the lot to be brought
into conformity.
3. The owners propose to remove the existing residence structure located 14' from the
street lot line where a 30' setback is required, and replace it with a new residence
structure that will be attached to the existing detached garage. The new residence
structure will meet all required setbacks. However, because the existing detached
garage is 9.1' from the side lot line where a 10' setback is required, a variance to
allow its attachment to the new home is required. Council finds that the impacts on
neighboring properties of maintaining this minimal 0.9' encroachment is negligible,
and that the proposed new space above the garage will not cause significant
additional encroachment of the side yard.
4. Hardcover on the property in the 0-75' zone consists primarily of portions of an
existing in -ground swimming pool, retaining walls and walkways/stairways. The
location of the pool within 75' of the shoreline is apparently the result of a
combination of factors that occurred during or after its construction under the current
zoning code, such factors potentially including errors of survey interpretation at the
time of building permit issuance and later shoreline erosion. The owners have agreed
to remove 0-75' hardcover that is not necessary to support the pool use, provide
lakeshore bank stability, or to provide access to the lake. The Council finds that the
pool is an existing amenity that cannot be easily relocated outside the 0-75' zone, and
further finds that the applicants have made a substantial effort to propose appropriate
hardcover removals and limit the size of the home commensurate with the lot size.
Proposed hardcover in the 75-250' zone consists of the proposed residence and
garage connection, driveway, sidewalks, retaining walls and portions of the pool.
Page 2of5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. `632
Sidewalks are being minimized; however, due to the lack of on -street parking due to
the narrowness of Rest Point Road, the driveway must be large enough to allow for
off-street parking and this is a factor that further supports the hardcover variance.
5. Retention of the pool and detached garage upon removal of the principal structure is
reasonable given that a new home is intended to be immediately rebuilt on the
property, hence a variance to Section 78-1432 is justified; however, if new home
construction has not been commenced within one year of removal of the principal
structure, it would be reasonable to require the accessory structures to be removed.
6. Reconstruction of retaining walls along the west side of the pool and partially within
75' of the shoreline is necessary to allow for grading of a swale to provide for
adequate drainage and reduction of stormwater impacts to the adjoining properties.
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 public, 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
variances and conditional use permit 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 and owners, but are necessary to
alleviate a demonstrable hardship or difficulty; are 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 variances to
Orono Municipal Zoning Code Sections 78-330 and 78-1279 to allow construction of a new single
family residence on a lot 0.65 acre in area where 1.0 acre in area is normally required, and to allow
such construction to be attached to an existing garage that is 9.1 feet from the side lot line where a 10
foot setback is normally required; and a variance to Section 78-1288(b) to allow in conjunction with
the new home construction, 0-75' zone hardcover of 7.72% where 8.98% hardcover currently exists
and no hardcover is normally allowed, and 75-250' zone hardcover of 27.4% where 35.2% exists and
Page 3 of 5
� 0,4 '
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5632
only 25% is normally allowed; and a variance to Section 78-1432 to allow retention of an accessory
structure upon removal of the principal structure; and a variance and conditional use permit for
retaining wall reconstruction and grading within 75' of the shoreline; subject to the following
conditions:
1. Council approval is based on the building plans dated April 9, 2007 submitted by the
applicants and annotated by City staff, attached to this Resolution as Exhibit A; and on the
site plan and grading plan dated May 22, 2007 submitted by the applicants and annotated by
City staff, attached to this Resolution as Exhibit B; subject to the revisions and conditions
recommended by the City Engineer in his memo dated June 1, 2007 and any forthcoming
subsequent memos. Any amendments to the above noted plans which are not in conformity
with City codes or not in keeping with the provisions of this Resolution will require further
City Council review.
2. Hardcover in the 0-75' zone shall be limited to 778 s.f. or 7.72% and hardcover within the
75-250' zone shall be limited to 5,017 s.f. or 27.4% per the proposed plan and hardcover
allowance summary as depicted on Exhibit B. Applicants are advised that any future
requests to increase hardcover or change the nature of existing/approved hardcover shall
require City approval, and increases in hardcover will not likely be approved without
concurrent reduction in existing hardcover.
3. A lakeshore setback and hardcover variance is hereby granted to allow the existing pool to
remain at its current location partially within the 0-75' zone.
4. Authorities granted by this resolution run with the property not with the applicants, 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 variances and conditional
use permit will expire on that date (June 25, 2008).
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 misdemeanor.
6. The undersigned owners have read, understood and hereby agree to the terms of this
resolution and on behalf of themselves and their heirs, successors and assigns, hereby agree
to the recording of this resolution in the chain of title of the property.
Page 4 of 5
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ATTEST:
CITY of ORONO
RESOLUTION OF �� CITY COUNCIL
NO.
Adopted by the Orono City Council on this 25th day of June, 2007.
Linda S. Vee, City Clerk
(Property wner)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
4es'"n
hite, Mayor
(Prop Owner)
h
This instrument was acknowledged before me this day oftp/), 2007 by Gary D.
Gangstee, husband of Kathryn _. Gangstee.
RACHEL DODGE
_ NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
",(L c _
Notary Public
This instrument was acknowledged before me thisday of F'TI 2007 by Kathryn
Gangstee, wife of Gary D. Gangstee.
Notary Public
Page 5 of 5
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