HomeMy WebLinkAboutResolution 4215 , � � .
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'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MIJNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B);
SECTION lOZ2, SUBDIVISION 2;
SECTION 10.25, SUBDIVISION 6 (B) AND
SECTION 10.56, SUBDIVISION 16 (L) (1)
FILE NO. #2411
WHEREAS, Paul Hanssen and Leann Hanssen (hereinafter "the applicants") are
the owners of the property located at 3195 Casco Circle within the City of Orono (hereinafter
"the City") and legally described as follows:
Lot 33 and the Easterly Half of Lot 34 also that part of vacated Lakeshore
Avenue and of that tract of land lying between said vacated avenue and the
shore of Lake Minnetonka which lies between the southerly extension of the
westerly line of the Lot 33, Spring Park, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held public hearings on October 19, 1998 and November 16, 1998, at which times all persons
desiring to be heard concerning this application were given the opportunity to speak thereon;
and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) to permit an acce��sory struct�.u�e to be located
15' from the lakeshore where 75' is required; Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (1) to allow 310 s.f. (4.5%) hardcover where none is allowed; and Section
10.25, Subdivision 6 (B) to permit an accessory structure to be located 10' from the side lot
line where 15' is required for side yards adjacent to a street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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FINDINGS
l. This application was reviewed as Zoning File #2411.
2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780
s.f. is the minimum lot area. The property consists of .56 acre or 24,750 s.f.
3. The Planning Commission reviewed this application on November 16, 1998 and
recommended denial on a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. A May, 1998 storm damaged an accessory building located 15' from the
lakeshore. High winds from the storm heavily damaged the deck located
above the structure. The floor of the deck also served as the roof for the
structure.
B. An undeveloped platted street is adjacent to the subject property requiring
a 15' side yard adjacent to a street setback for structures. The existing
structure is located 10' from the property line adjacent to the undeveloped
street.
C. The City Building Official has determined the boathouse will require
structural repairs to support a new deck.
D. In 1997 the Planning Commission recommended denial of variances to
permit the existing house to be removed and allow a new residence to
exceed 25% hardcover in the 75-250' setback. It was recommended at
that time the boathouse be removed to reduce overall hardcover on the
lot. The applicants withdrew the application before the City Council
could take action.
E. Letters in support of the application have been submitted to the City
from the property owners of 3225, 3185 and 3205 Casco Circle.
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. The location of the boathouse makes it non-conforming due to the setbacks and
hardcover within 75' of Lake Minnetonka. The structure is not a non-
conforming use.
6. A hardship has been placed on the property due to the existing location of the
structure 15' from Lake Minnetonka and 10' from the east property line. The
boathouse was built prior to the adoption of the zoning ordinance and before a
building permit would have been required, resulting in the boathouse being a
legally non-conforming structure that could remain on the property during its
useful life. The storm damage occurred prior to the structure's useful life being
exhausted.
7. The deck located above the boathouse served as part of the structure's roof.
Heavy winds damaged the deck and roof, requiring both to be fully replaced.
Full replacement would require structural repairs to the boathouse to conform
with the State Building Code, to include a new foundation and replacement of
portions of the existing walls. The repairs are necessary to protect against an
unsafe situation by placing a new roof and deck above a foundation not
conforming to the State Building Code.
8. The City Council finds that the conditions e�sting 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.
9. 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 variances on the health, safety
and welfare of the community.
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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 (B) to permit an
accessory structure to be located 15' from the lakeshore where 75' is the required setback;
Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to allow 310 s.f. (4.5%)
hardcover where none is allowed; and Section 10.25, Subdivision 6 (B) to permit an accessory
structure to be located 10' from the side lot line where 15' is required for side yards adjacent
to a street.
Approval was subject to the following conditions:
1. 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 (December 14, 1999).
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, 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 of Title of
the property.
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�� G'� i RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Cotmcil of the City of Orono, Minnesota at a regular
meeting held on the 14th day of December, 1998.
A`TTEST: , '-�,
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Linda S. Vee, �i y Clerk Gabri 1 Jabbour, Mayor ,
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Property Owner (s)
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
December, 1998 by Gabriel Jabbour 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.
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�� MARYANNJOHNSO�'V ``� Notary P�i�blic
a. `� : NOTA�y pU6LIC-MINNESOTA �
`,•��•' MY Commission Expires Jan.31.200p +�
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this-�K�( day of ,�'1'�,��<<('_ i� , 199`�j before me a Notary Public within and
for said county, personally appeared {��� k / �t�,:s_<�cr;, �4 ,,� ; ,:� �;,;,,;r<>,,=,s�•., ,;,i�,�_,;<.�lcnown
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.
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�, �`-����R�;.' MARY ANN JOHNSON �� ,f.-,> /�_
� NOTARY PUBUC-MINNESOTA � � :i �� 'F� �-�/ � ( ��,.�!'�:�jt
+�� My Commission Enpires Jan.31,2000 � "'~�
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this _ day of , 199_ before me a Notary Yublic 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
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on December 14, 1998 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 16th day of
December , 19 98 .
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�P�1 COtJKFY TAXPAYEfi a��� , yi c C,�-i , ��.�(�—
Linda S. Vee, City Clerk
. JUN � 1999
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