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Home My WebLink About#4640 - variances - 2001 c3��..��.�f�� 0 \ ,,� 11�'� � . '. � � � � � � �� . ��.b� - � CITY of ORONO �. ,� ,, �I ..3 � �',� �'�� RESOLUTION OF THE CITY COUNCIL � ��9k. �4��'� NO. � ST L�.�-;� (�., ,� � �, ESH� s �=_= .� A RES(JLUTION GRA.NTIN�G 'V�,.RlAN�ES TO MUNI�'iF�L �,C)1�`�'�� CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.25, SUBDIVISION 6 (B) FILE NO. #2644 WHERE�.�, iJary Mar.;�uardt and Joa;; Marquardt (hereinafter "the applicants") are owners (hereinafter "the ed�ners") of the property located at 2617 Casco Point Road within the City of Orono (hereinafter "the City") aild legally described as follows: Attached EYhibit A (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Nlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning �'ommission held a public hearing on February 15, 2001 and continued the hearing to March 1��, 2001, at which times all persons desirina to be heard concerning this application were given tlie opportunity to speak tl�ereon; and WI�ER�AS, the applicant has applied for a variance application to the City for �-ariances to: l. Section 10.22, Subdivision 2 and Section 10.�5, Suodivision 16 (L) (2): To permit an alteration to existing hardcover over the allowed 25%. Lot A�ea �s-Zso� 1�,�� S.f. Nletra Legal Services Inc. Allowed Hardcover 3,181 s.f. (25%� Box 491 E�isting Hardcover 3,710 s.f. (27.3%) ProposeG Hardcover 3,980 s.f. (31%) (rock/plastic removed) ?. Section 10.03, Subdivision 14 (C): To permit greater than 15% lot coverage by structures. Lo: Area 17,467 s.f. � Allowed Coverage 2,520 s.f. (15%) Existi:�g Coverage 2,9%0 s.f. (i 7%) PaQe 1 of 8 �_-=_ ��'/ O � � /O O \ �b � ,'�, C ITY of ORONO � �; , �',� G'� �� RESOLUTION OF THE CITY COUNCIL \��9 4�'/ N O. �, � '� �� kESH�// �_=� Proposed Coverage 2,961 s.£ (16.9%) 3. Section 10.2�, Subdivision 6 (B): To permit an encroachment into the side setback 5' from the side property line for construction of a 24' X 26' attached garage, where a 10' side setback is required and to permit the garage addition 27' from the front property line where a 30' setback is required. 4. Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 2.64' fi�om the side property line to permit the addition of a second story above the existing residence within the required 10' side setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2644. 2. The property is located in the LR-1C (1/2 acre) One Family Lakeshore Residential Zoning District. ;. The Orono Planning Commission reviewed this application on February 15, 2001 and March 19, 2001 and recommended approval on a vote of 5 to 0 for variances based upon the following findinbs and hardships: A. The total hardcover on the property would be increased primarily due to the longer driveway required to safely access the house. Several obstacles including a neighboring fence, tree and .telephone pole block much of the view to the stre?t to the existing garage entrance. The attached garage allows the vehicles to back out into the yard (but a paved backup apron would make more sense) and approach the street at an angle improving vie�vs to the street as well as allowing vehicles and pedestrians traveling on Casco Point Road to more easily view entering vehicles from the applicant's property. B. The property as developed exceeds the allowed hardcover. A large 750 s.f. lakeside deck along the lakeside of the house would being removed PaQe 2 of 8 / 'O_\� � //� �\\ /O O \ � C ITY of URONO � b � I � /, �,� G�� RESOLUTION OF THE CITY COUNCIL ��SH�i � � NO. `� �� :�z_ :�' _. _ � to reduce some hardcover closest to the lake. A 14' X 14' four season porch would be constructed in its place. The four season porch would be located 105' from the OHWL of Lake Minnetonka. C. The property was developed prior to the adoption of the zoning ordinance. The house is approximately 10' from the side lot line at the lakeside and is angled to a point where the house is only 2.85' from the property line. A second story addition has been designed to leave the front '/� (lakeside) of the existing house to one story. Only the back '/z (street side) would have a second story. This concentrates the massing of the structure further from the lakeshore, and eases the burden of the views fram adjacent residences towards the lakeshore. D. The overall lot coverage by structures decreases by ° s.f. Most of the massing has been relocated from the lakeside of the residence to the street side to allow for the larger garage. For a lot coverage variance to be approved an actual hardship must be demonstrated to allow the increase in structure. The Council has in manv situations allowed a propert t�re�lace the total existina structure when remodelin�. but it is uncommon to allow a net increase when alreadv exceedina 15%. 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 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 keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. �. 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 variance on the health, safety and welfare of the community. CONCLUSIONS, ORD�R AND CONDITI�NS Page 3 of 8 .-�--___;�_ ,�% O�� /� ' v\� \ � ��`�� - � CITY of ORONO a �II �� G� � RESOLUTION OF THE CITY COUNCIL ��kESH�4�'� N0. +� �� + � �=--� Based upon one or more of the above findings, the Orono City Council hereby �rants variances to Municipal Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 3,710 s.£ (27.3%) hardcover in the 7�-250' lakeshore setback; Municipal Code Section 10.03, Subdivision 14 (C) to permit 2,961 s.f. (16.9%) lot coverage by structure; Municipal Code Section 10.25, Subdivision 6 (B) to permit an encroachment into the side setback 5' from the side property line for construction of a 24' X 26' attached garage, where a 10' side setback is required and to permit the garage addition 27' from the front property line where a 30' setback is required; and Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 2.64' from the side property line to permit the addition of a second story above the eaisting residence within the required 10' side setback based on the approved site plan is attached hereto as Exhibit B, subject to the following conditions: l. 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 buildin� permit within one year of the date of Council approval, or this variance will expire on that date (April 9, 2002). 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, understand 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. Page 4 of 8 %� � �� °�\ �o o �, - �' CITY of ORONO �� i� � ��; � RESOLUTION OF THE CITY COUNCIL "�'+.� G/;: ��9 4�'/� NO. �. � .� �� SH�� --� Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of April, 2001. ,+�" �.:�`�: . � . ,� .,�. • � ' G " ;� . , �� '�5.� a� .. � `� _._ � j� '11 ,�, s��, -►1 ; , / �� l� � , � s ` ,, .� , � �!,' , ,�� „�"'�`'.��k:� ' '''`�. -''� ,C��^'ll,�j'7u :� 1 �' �`_��-+� �d� �r . " �; �. . �.',,�L��i;c�a�`;.,��:"ee, City Clerk Barbara A. Peterson, Mayor ; , . � � ��,,, �,��,; ,�, oie '+ii , a 3�ef� i t k�!4 ',' -- �"`` � � L`^� � � `GG �L�'u �`_'7+�r-'�. '� .pli �PPlicant � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acl:nowledged before me on this 9th day of April, ?001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Grono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,� � - i ,--,,, � /�, �`` �'"�-�.� MARY ANN JOHNSON �` � ' r� `��2-�� NOTARY PUBUC-M1NNE50TA �'�� `�� `y4y Notary P�blic ! ,.,. My ConrNssion Expires Jan.31,2005 �= �_ Page 5 of 8 �,,O`� � '� 11�'\ � O o�,, " CITY of ORONO , b` I .3 � III r� �",� G'�� RESOLUTION OF THE CITY COUNCIL ��9 4�'�� NO. � � � � � ��SH% STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this t1� day of ;�J u� S y , 20 t�f before me a Notary Public within and for - Lil ' 4� Y;�t�' said colinty, personally ap � ared!:G.� _ ��l c� a e.�'-i� :.��.�' _.�04�� r'��'� e `t- �cnown�o me to be the person(s) described in and who executed the foregoing instru ent, and acknowledged that he(they) executed the same as his (their) free act and deed. (.''.�� Y! .3 � f��, MARY A�:�J JOHNSON �,��p;,�{� C�sa,�� a%"7 -�,.�.-�'�` ,� �ii�: NOTARY PUBUC-MINNESOTA Ny Comm�iai Eupires,lan.31,2oos Notary Pt�` lic �' � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this day of , 20_ 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 6 of 8 Exhibit A LFG/1i. Uf.�.SC'ft[F'�I lUN y-�; Part of Block 1 and of Lot 1G, E31ock 2, �Vi►iship's Subdivision of Lot l, Spring Park " Second Division, and of Orono A�•emie vacated by abandonment as follows: t- Commencing at the Northeast corner of Lot 141 Spring Park; thence West along the � North line of said Lot 141 to the Nortti�vest corner thereof; thence North along tlie stiore � , of Lake Minnetonka 52 feet; thence Easterly to a point in a line which is tl�e ertension Northerly of the East line of Lot 141, Spring Park, at a point 94.5 feet measured along �a said line from the point of beginning; thence continuing Easterly on the extension of said 'T line 12.8 feet, more or less, to the point of intersection of said line with the �Vesterly line � of Orono Avenue, as now paved and traveled being a right oFway 60 feet wide; thence in - a Southwesterly direction along �aid line to tl�e point of beginning, accordir�g to t}�e plat �� thereof on file or of record in the affice of the Register of Ueeds in and for liennepin County. Page 7 of 8 Exhibit B Lake Mlnnetonka Ed9e � W°2g2 Q CaUntour � w a ec � o � � � h � � O �1 = . / 'A �J1 L . � N \ N . . � � � �5' L'�e � � C � c� w . n � � � � Q � . � � � � � W �o . � � �- '� � I �� _ o � . � � Q � � o � � � � Q �• S ,� � Q � � � � � »e � � N `� . •. . Q n � �o � � � ci- Q Q �.� Q � -� �� o -� � � z � � Q � � � � � `� Q �p �asc° Point RaQa � � � �.0 -P Q `-' PaQe 8 of 8 w � � � [�" \ � � � � t:,_ �� 1 � ti��;i��- � �� -- ?�`� �� L+ � �.-,�,_' C:; O :r i—� � -r�„�G � =4 � Q i...� }— � p�, t. .�r ' t� � GL � F-- = C� ti � . r71 ,. ♦ � G � �' —_� �._� � �r- `-f- \ � �� {„� ^� � �4 � �' Ls.� - tiz G � -'' � ' � . �,y �u �i.�=, � y.t.! '� � � � � �� Y ��`" `' V�C•