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Home My WebLink About#4662 - variances - 2001 , � _-- - � %_—�� /%, 0,�. 0 0 �e � , � � C ITY of ORONO � � ;� �� G'`"� RESOLUTION OF THE CITY COUNCIL �`�`9 �c'�'/ NO. � � F i�r \kEs� A RESOLUTIO� GRANTING VARIANCES TO NIL77CIPAL ZONING CODE SECTION 10.22, SLBDIVISION 1; SECTION 10.�6, SECTION 10.�6, SUBDIVISION 16 (L) (1) SUBDIVISION 16 (C) (6) _�\�D SECTION 10.2�, SUBDIVISION 6 (B) FILE NO. #01-2677 WHEREAS, Terry En�:n and Dorothy Erwin, (hereinafter "the applicants") are owners of the property located at 271� Casco Point Road w�ithin the Cit�- of Orono (hereinafter "the City") and is legally described a� iollo��s: Lot 5, Auditor�s �ubdivision No. 265, Hennepin County, Minnesota (hereinafter "thz Yroperty"); and WHEREAS, after due �ublished notice and mailed notice in accordance �vith Nlinnesota Statutes and the City of O:ono Zoning and Planning Codes. the Orono Planning Commission keld a public hearing on \fav 21, 2001, at which times all persons desiring to be heard concerning this application wer: �_iven the opportunity to speak thereon; and WHEREAS, the appli.��ts applied to the City of Orono for variances to Municipal Zoning Code Section 10.?,. Subdivision 1 and Section 10.�6, Subdivision 16 (C) (6) to permit alteration to the foundati��n and existing residence, includina replacement of the second story of the existing house ar:,' refurbishina of the interior of the main level of the house, within 75' of the OHWL of L�'<e Minnetonka and average lakeshore setback; Section 10.22, Subdivision 1 and Section 10.�6. Subdivision 16 (L) (1) to permit replacement of a 360 s.f. patio, �L�here a 520 s.f. patio exists «ithin 7�' of the lakeshore; Section 10.25, Subdivision 6 to permit alteration to the eristing hou�z �.9' to the north property line «�here 10' is required; and Section 10.03, Subdivision 9 to p:rmit future relocation of the e�isting storage building 5' from the side property line. NOW, THEREFOItE, BE IT RESOLVED by the Cit�- Council of Orono, Nlinnesota: FINDINGS 1. Tt�is application was re�ie�r�ed as Zoning File #01-2677. Page 1 of 5 ��o\ , � �\ ro o � � - '�. c iTY of 4RON0 � 6 ��'� ',��9 �� RESOLU�I�ON OF THE C�T� �O�NCIL 4 �kEs� 2. The property is located in the LR-1C (`/z acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 21, 2001 and recommended approval on a vote of 4 to 0 for variances based upon the following findings and hardships: A. The site topography challenges any substantial revisions to the house location. The steep slope to the road results in the need for a lona driveway, and si?nificant site regrading and alteration of drainaQe patterns in the immediate neighborhood would be necessary to move the house to a location where hardcover standards could be met. Renovation of the existing house, with no expansions where it encroaches required setbacks, �vould appear to be. a reasonable approach. B. The existing structure is a legal non-conforming structure that ��as built prior to the cunent zoning ordinances. C. No further expansion of the non-conformities (setbacks) «-ould occur. The expansions are being completed ��ithin the required setbacks. D. A 520 s.f. patio exists on the lakeside of the existing residence. The patio must be removed to permit excavating for the repair to the foundation. A total of approximately 160 s.f. of hardcover must be removed around the foundation to access the footings. The 160 s.f. is not permitted to be replaced as it constitutes hardcover �vithin 7�' of the lakeshore. A smaller patio, 360 s.f., ��ould replace the eYistin� patio. E. A storage building is located on the norch property line. The applicants recognize the buildin� will require future repairs. Repairs also require a variance to relocate the building. A 5' variance would permit the buildina to relocated and meet a minimum setback of 5' to the property line. � Page 2 of 5 . � /!�/iO \ , ,�T , 0 0� � �, �b - i CITY of ORONO .� �.. �� ,'�� RESOLUTION OF THE CITY COUNCIL ��kEB�I�/ NO. � � � � � F. Applicants agree to remove 800 s.f. of hardcover from the existing driveway and parking area within the 7�-250' setback. Total hardcover to be removed from the property is 800 s.f. from the drive��-ay and parking area, 160 s.f. from the patio and 187 s.f. of landscape plastic for a total reduction of 1,147 s.f. G. Variances to permit replacement of the second story are approved with a finding this project is a remodel and not a rebuild. Less than 50% of the living space �vithin the existing structure is being removed as part of the remodeling (No area within an existing basement or crawl space would be considered as living space). The �valls and structure below the second story removal will remain. 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 �vould 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. 5. 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, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby arants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C) (6) to permit alteration to the foundation and existing residence, includin� replacement of the second story of the eYistina house and refurbishing of the interior of the main level of the house, within 7�' of the OHWI.. of Lake Minnetonka and avera�e lakeshore setback; Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit replacement of a 360 s.f. patio, �vhere a 520 s.f. patio eYists �vithin 7�' of the lakeshore; Page 3 of 5 . � ,-=0-�\ � �\ %� % o`��, �e. - �� C ITY of ORONO � �i� ;- \�',� G/�� RESOLUTION OF THE CITY COUNCIL t9IfE p4��'/ NO. 4 � � � \�sH_/ Section 0.2�, Subdivision 6 to permit alteration to the eYisting house 5.9' to the north property line where 10' is required; and Section 10.03, Subdivision 9 to permit futtue relocation of the eYisting storage building �' from the side propem� line, subject to the follow-ing conditions: 1. Required hardcover removal, noted abo�•e, and relocation of the shed are completed prior to applicants requesting a final inspection. A final survey and site plan shall be submitted to the City of Orono indicating final hardcover removals prior to issuance of a building permit. 2. No removal of the exterior walls below the second floor are approved as part of this variance approval, any request to restructure or replace any first floor walls will require further variance revie�v by- the City of Orono. 3. Applicants shall submit a final drainage plan to be reviewed and approved by the City Engineer prior to issuance of a building permit. 4. Authorities granted by this ��ariance run «�ith the property not �vith the applicants, but are permissive onl�� and must be exercised by application for a building permit within one year of the date of Council approval, or this variance �vill eYpire on that date (June 11. ?002). 5. Violation of or non-compliance ��ith an}' 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. 6. The undersigned applicants ha��e read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 5 . � ��"o��\ �� 0 0 - �� CITY of ORONO � �°� ��I � �; �'� G'�/% RESOLUTION OF THE CITY COUNCIL �t9 4�� No. 4 � � � �sK°i _— Adopted by the City Council of the City of Orono, Minnesota at a re�ular meeting held on the 11 th day of June, 2001. ATTEST: % , , . ll .� /, ,,- C�2�� '� � ��x�.- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor , � � -� � , , " ..k�t/ .�-�✓r.� i P pe -n s) STATE O MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowled�ed before me on this l lth day of June. 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was eYecuted on behalf of the Cit�-. RACHEL DODGE � � NOTARY PUBUC-MINNE^OTA � E j � _ ;,�,:;` My Commssion Expires Jan.31,2005 ``/�-=' _ /� `- � r. � �" ,�� ,_^�,��. ��<__,-�..-,-:� Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . , �_; On this � �'� day of +�� '�'�� `_ ` , 20=� before me a Notary Public �vithin and for said county, personally appeared � '� � I{ ��; �`�"�� ,� '` '-'` 'kno«n to me �'_(T', 1 ' I 1 t� � ' � - to be the person(s) described in and wtio executed the foregoin� instrument, and ackno��ledQed that he(they) executed the same as his (their) free act and deed. � ' �`" `" RACHEL DODGE , ,f.r ._,<_`_. �. ;�_ ,cc��L , .>;-�4 ._ No�rnRraue��c-�r�;ar� Notary Public MY C.a�n�ion E�irs�J�n.31,2005 � Page 5 of 5