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Home My WebLink About#1357 - variance - 1982 � � : �`. . �►. -- - �`�� r �FN X,Y _: ._ � O�llMED ` Clt� o� ORO RESOLUTION OF THE CITY COUNCIL NO. 1357 • � - � � A RESOLUTION APPROVING A VARIANCE APPLICATION FOR KENT SWANSON FOR LAKESHORE SETBACK AND HARDCOVER VARIANCES FOR A PROPERTY LOCATED AT 3229-B CASCO CIRCLE 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 City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, pursuant to Sections 34 . 201 and 34 . 202 of the Orono Zoning Code, Kent Swanson has applied for variances to the setback and hardcover standards for lakeshore properties to permit an addition to his existing residence on a property legally described as Tract B, Registered Land Survey No. 1333, hereinafter referred to as the property; and K� WHEREAS, upon review of the findings of the Planning Commission and City staff, written comments of the neighbors, written and oral c^mments of the applicant and the applicant' s architect, the City Council hereby makes the following findings of fact: 1) Tract B consists of approximately 30, 000 sf and is located within the LR-1C zoning district, a district that requires a minimum of 21, 780 sf / per residential lot. 2) Tract B satisfies all lot standards of the LR-1C zoning district. 3) The existing house was placed on the property prior to the 75 ' lakeshore setback requirement; the existing house meets all the original 50 ' lakeshore setback standards. 4) The pie shaped lot has placed severe restrictions on the building envelope - the lakeshore setback area consists of 17 , 000 sf (total lot area is 30 , 000 sf) over one half of the lot area is unbuildable. 5) The location of the house on the property and the interior design of the house determines the only feasible location for the addition is to the "front lakeside" of the house. Kerlt Swanson ' � �age 2 . , � . ��i� I�� '� '�`"�a��,y �� , � ? ��'�� ` Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL NO. 1357 • • � � • 6) 3, 500 sf of the 7 , 167 . 5 sf of existing hardcover on the property is the shared driveway for abutting properties . 7) The neighbors on the abutting properties have written to the City affirming their approval of the proposed improvements by the applicant finding there would be no detrimental effects to their property. 8) Council approved the following improvements on the property: a) A 472 sf lakeside addition requiring a structural setback encroachment into lakeshore setback area of 2 . 5 ' finding the integrity of the interior design would be maintained and a decrease in the impact on the 0-75 ' protected area by removing 23 sf ofhardcover with the removal of the brick patio. b) The roofing and screen siding of the existing 9 . 8 ' x 16 . 1 ' deck finding no further structural encroachment into the lakeshore setback area and no additional hardcover because of the existing patio area under the subject deck. c) A 3 ' x 20 ' second story walkway along the lakeside of the house finding the lakeshore setback encroachment to be only . 5 ' because of the existing 2 . 5 ' overhang and no increase in the hardcover because of the existing 3 ' walkway under the proposed walkway. d) A 400 sf patio area within the 75 ' - 250 ' setback area finding this would replace the patio area within the 0-75 ' setback area in addition to the applicant being advised to employ environmental selection in the design of the patio. 9) The special conditions applying to the structure or land in question are peculiar to such property or immediately surrounding property and do not apply generally to other land or structures in the district in which said land is located. 10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of tlZe applicant. 11) The granting of the proposed variance will not in any way impair the public health, safety, comfort, morals or general welfare . xent 5wanson i Page 3 •'�+� .� f � �� "�, ��^� �� ' . _ . • `+� �'��'� �',�,.�� ;�;� - y ' �s��: . �- a�� . ,;; � Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL NO. 1357 • • � • • 12) The granting of the proposed variance will not be contrary to the intent of the Comprehensive Land Use Plan or the Zoning Code. 13) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the lakeshore setback and hardcover variance application of Kent Swanson to permit the construction of a lakeside addition and the additional improvements noted above based on one or more of the foregoing findings and subject to the following conditions : 1) The non conforming 9 . 8 ' x 16 . 1 ' deck located within the 0-75 ' setback area may never be enclosed as part of the principal structure but is to remain as approved by Council in this resolution a screened deck with roof. . 2) The building permit written to cover all proposed improvements must include the removal of the 6 ' x 9 ' roofed deck and the removal of the bricked patio area within the 0-75 ' setback area. 3) This variance application will expire on January 25, 1983, if a building permit for the proposed improve- ments on the property has not been issued. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held January 25 , 1982 . � Wil iam B. Van Nest, Mayor ATTEST: . �.�'��a��. :%�� Alberta M. Strom, City Clerk