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Home My WebLink About#3213 - variances - 1993 � � � O ' V O O � �aA�- CITY of ORONO � � ti �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. 3 213 A RESOLIITION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION S 10.03, SDBDIVISION 9 (C-2) , SECTION 10.03, SDBDIVISION 14 (D), SECTION 10.03, SIIBDIVISION 14 (C) , S$CTION 10.22, SIIBDIVISIONS 1 AND 2 FILE #1775 WHEREAS, Robert G. Luesse (hereinafter "the applicant" ) is the owner of the property located at 3249 Casco Circle within the City of Orono (hereinafter "City") and legal ly described as follows: Lot 12, Spring Park, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicant has applied for the following variances to the Municipal Zoning Code to permit a 22'x28' addition to a detached accessory structure, a two story 15'x16 1/2' addition to the lakeside of the existing residence and 6'x8' greenhouse addition to an existing accessory structure as follows: l. Section 10.03, Subdivision 14 (D) - setback variances for oversized accessory structure. Street setback is proposed at 19' instead of the required 30' and 3' from the side lot line where 30' is required. 2. Section 10.03 , Subdivision 9 (C-2 ) - variance to allowed area for an oversized accessory structure. The applicant proposes a 1,273 s.f. accessory structure where only a 1,000 s.f. structure is allowed. 3. Section 10.03, Subdivision 14 (C) - proposed structural improvements will require a lot coverage variance. Applicant proposes 2,604.5 s.f. or 16.3$ where only 2, 384 s.f. or 15� structural coverage is allowed. 4. Section 10.22, Subdivision 1 - an average lakeshore setback variance is required for a lakeside addition that will encroach approximately 15' in front of average lakeshore setback line. Page 1 of 5 /' � � O� /O O � ��- C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. 3 213 5. Section 10.22, Subdivision 2 - hardcover variance within the 75-250' setback area is required as hardcover is proposed at 3, 386 s.f. or 30. 2� where only 2, 800 s.f. or 25$ is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1775. 2. The property is located in the LR-1C Lakeshore Residential Zoning District requiring a 1/2 acre or 21,780 s.f. in area. The property consists of approximately 15 , 893 s.f. 3. The Orono Planning Commission reviewed this application on October 19, 1992 and November 16 , 1992 and recommended approval of the proposed variances as amended based upon the following findings: a) The proposed garage addition to the accessory structure shal 1 not encroach further into the side yard than the existing structure at 3'. b) There is no adjacent land available to acquire. c) The location of the garage structure in the street yard, proposed 19' from street lot line, is consistent with other detached garages within immediate Casco Circle neighborhood. d) The two story lakeside addition will be placed 5' further into average lakeshore setback area as an existing roofed second floor porch structure is located 10' beyond average lakeshore setback line. 4 . 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 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to Page 2 of 5 f #� .�1 7 O� O O � ' �b�- C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH04� N O. 3 213 preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLIISIONSo ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above that would permit the construction of a 28'x22' garage and 6'x8' greenhouse additions to detached accessory structure referenced as workshop and a two story 15'x16 1/2' lakeside addition to the principal residence, subject to the following conditions: l. Upon application for a building permit, applicant shall provide an updated survey locating all existing structures and proposed structures on property. 2. Applicant shal 1 remove an 8 1/2'x24' grade level deck to the north side of the principal structure and replace with a 4'x12' grade level deck. 3. All new construction shall be subject to requirements of uniform building code and fire code. 4. The new roof to be instal led over workshop/garage structure shall be constructed so as not to exceed a 4 1/2 to 12 pitch. 5. Authorities granted by this variance run with the property not with the applicant, 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, 1993). Page 3 of 5 a _ r" �� .� O,�. �/O O �� _ "� CI'�Y of ORONO b � � ti �� p~' RESOLUTION OF THE CITY COUNCIL ��kESH�4�' Np, 3213 6 . 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. 7 . The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of December, 1992. ATT T: � /�j .,��p-�� , \.l� X ' or thy allin, City Clerk Barbara A. Peterson, Mayor � r' /�� -��' '-.G �� l , -'�� .> � Property Owner( s ) // V STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of December, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipa 1 corporation and said instrument was executed on beha lf of the City. c�o�E a w►sEtiuw � NOTARY PUBLKS—INWNEDOTA ,�,, �f : H�NNEPIN COUNTY . ' ._. . "_.J C';PI?,c3&27�.�M � -� -.- �-- Nota y Public Page 4 of 5 . � j ��s � O� O O �b � CITY o� ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. 3 213 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) h On this o�D �" day of �ct c ar , 199 3 before me a Notary Public within and for sa d county, personally appeared ob�er+- �-. LuP se � /Yla�v C, �u�ssei rr�a��,'r�- known to me to be the person(s) d scribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � "''�� LINDA S. VEE ,� ��J� �� d,,�; NOT�RY PUBLIC - MINNESOTA GCi 1 �°"�"_ � ��, >� HEtvNEPIN COUNTY NOTAR PUBLIC ;y:`'" My comrr�ission expires &12-98 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public 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 Page 5 of 5