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Home My WebLink About#2254 - variances - 1987 . �y, �k�� c�t �� oR,oNo � � .;::� ��1��." � � RESOLUTION OF THE CITY COUNCIL � NO. 2254 • - • o A RSSOLDTION GRANTING VARIANCES TO MUNICIPAL ZONING COD$ SECTION 10.25, SDBDIVISION 6(B) AND SECTION 10.22, SIIBDIVISIOFS 1 AND 2 FILE #1176 WHEREAS, Richard Putnam (hereinafter "the applicant") is the owner of the property located at 2765 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 132, Spring Park, Hennepin County, Minnesota, according to the recorded plat thereof, that part of Lake Shore Avenue dedicated on the the recorded plat of Spring Park and now vacated and that part of a tract of land on the opposite side of said avenue al 1 lying between the westerly extension of the north and south lines of Lot 132 in said plat (hereinafter "the property); and WH$REAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B? to permit the construction of room and garage additions to attach the existing residence to the existing detached garage which is only 2 feet from the side lot line where a 10' side setback is normally required for an attached garage; and a variance to Section 10.22, Subdivision 1 to permit construction of a deck and enclosed porch (gazebo) structure that will encroach 25' past the existing average lakeshore setback line and 9' past the potential future average lakeshore setback line, where no encroachment is normally allowed; and a variance to Section 10.22 , Subdivision 2 to allow an increase in hardcover in the 75-250' lakeshore setback zone from 36.4$ existing to 40.2$ where only 25$ hardcover is normally allowed, and to allow 48.5� hardcover in the 250-500' lakeshore setback zone where 85.7$ hardcover exists but only 30$ is normally allowed; and a variance to Section 10.25 , Subdivision 6 (B) to allow a street setback of 20' where 30' street setback is normally required. NOW, THERLFORB, BE IT RBSOLVLD by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1176. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. _ Page 1 of 6 .� .� - ,: c�t� o� oR,oNo �� RESOLUTION OF THE CITY COUNCIL NO. 2254 i s - • o 3. The Orono Planning Commission reviewed this application on Septemt�er 14., 1987 and recommended denial of the proposed variances based upon the following findings: a) Four of five Planning Commissioners present indicated approval of the hardcover variances , finding that the proposa 1 resu lts in a net overa 1 1 decrease of hardcover square footage on the property and in the dedicated right- of-way of 224 square feet. b) Four of Five Planning Commissioners present indicated disapproval of the side setback variance for the garage, based on the knowledge that the garage will likely require a new foundation and the opportunity to move it to a conforming location would then exist. c) The Planning Commission generally felt that the average lakeshore setback should be reviewed under the assumption that the seasonal residence immediately to the north will eventually be removed and replaced with a house closer to the lake, thus revising applicants average setback line. 4. The City Counci 1 f inds that the increase in hardcover in the 75-250' zone is adequately counterbalanced by the proposed decreases in the 250-500 ' setback zone. 5. The City Council finds that the magnitude of actual reduction of potential or existing lakeshore views from neighboring properties will be such that it does not create a significant view encroachment. 6. The Council finds that the location of an existing mature tree is a hardship to moving the proposed garage to the south, and the locations of garages in the immediate neighborhood generally located nearer the northerly lot line then the required 10' setback, will not create a safety hazard nor a visual crowding effect if the proposed 2' side setback for the garage is retained. 7. The Council finds that as a resuZt of the attachment of the house and existing garage, the house setback will technically be 20' from the dedicated right-of-way where a 30' street setback is normal ly required, but will still maintain a 40' separation from the edge of the actual paved and traveled roadway. 8. On August 10, 1987 the City Counci l voted 4-1 to conceptually approve the requested variance and directed staff to draft a formal resolution for approval. Page 2 of 6 ( • � �4�� c�t� �� oR,oNo �� s� n. :..�,.�.+ti, s ' RESOLUTION OF THE CITY COUNCIL � NO. 2254 • - • • 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf f , comments by the app 1 icant and the ef f ect of the proposed variance on the health, safety and welfare of the community. 10 . The City Council finds that the condii on eneralingtonother property are peculiar to it and do not app y g Y property in this zoning district; that granting the variance 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 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. CONCLIISIONS, ORDSR ANU CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section la a5e Subdivision 6 (B) to permit the construction of room and g g additions to attach the existing residence to the existing detached garage which is only 2 feet from the side lot line where a 10' side setback is normally required for an attached garage; and grants a variance to Section 10.22, Subdivision 1 to permit construciton of a deck and enclosed porch (gazebo) structure that will encr ast the past the existing average lakeshore setback line and 9' p potential future average lakeshore setback line, where no encroachment is normally allowed; and grants a variance to Section 10. 22 , Subdivision 2 to allow an increase in hardcover in the 75-250' lakeshore setback zone from 36.4$ existing to 40.2$ where only 25$ hardcover is normally allowed, and to allow 48.5$ hardcover in the 250-500' lakeshore setback zone where 85.7$ hardcover exists but only 30$ is normally allowed; and grants a variance to Section 10.25, Subdivision 6 (B) to allow a 20' street yard setback where a 30' street yard setback is normally required, subject to the following conditions : Page 3 of 6 . � � Cit of ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. 2254 s - • • 1. Hardcover on the property in the 75-250' setback zone shall be limited to the following items : (Area of 75-250' zone = 10 , 937 s.f . ) Existing Home 1432 s.f Garage & Home Addition 1100 s.f. Existing Garage 400 s.f. Driveway 238 s.f . Deck not over patio 85 s.f. Patio 576 s.f . Rock Walls 194 s.f . Sidewalk 260 s.f. Added Deck N. of patio 120 s.f. 4405 s.f . or 40 .2$ (Refer to Exhibits A & B Attached) Hardcover in the 250-500' zone shall be as follows: (Area within 250-500' zone is 1950 s.f. total , of which 1200 s.f. is in the right-of-way for Casco Point Road as dedicated on the Plat of "Spring Park", and 750 s.f. is within the property boundaries westerly of the dedicated right-of-way) Driveway (west of right-of-way) 270 s.f. Driveway (within right-of-way) 580 s.f . Sidewalk (included in 75-250 ' --- zone calculations ) TOTAL 850 s.f. or 48. 5$ Note: For percentage calculation purposes, because applicant is removing unnecessary hardcover within the dedicated right-of-way, the 250-500' hardcover percentages allowed are based on using the "combined area of property and right-of-way less the paved roadway" , or 1750 s.f. , as the denominator. 2. Applicant is advised that future proposals that resultbut additional hardcover on the property will not be approved, might be approved only if concurrent hardcover removals result in no net increase in hardcover. 3. 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 (August 24, 1988). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 6 r ,��.�. Cit�, �f ORONO ��:� RESOLUTION OF THE CITY COUNCIL NO. 2254 • s - � • 5. 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 �� September , 1987 . ATTEST: � i , � / I� � ' Dorothy Hallif�, City Clerk Jame R. Gr , Mayor �' ,p �°- l/ Pr perty wner(s ) Page 5 of 6 , �� { 4 �� Clt� o� ORONO �`-, 3sn.5,4 ;-Y ,�k �%`. t A��', RESOLUTION OF THE CITY COUNCIL • NO. 2254 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 0 h day of October ► 198Z before me a Notary Public within and for said county, personally appeared Richard A & Janet L Putnam 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. G� NOTARY PUBLIC � �MNN��C01�OTA 1a M�I�Mos M�ins!�t-92 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , 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 foregoinginstrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 6 of 6 � . . •, � _ �,.. � ,{._, �- 3 � � � �� V ,�nN.�� o�sd � ��. 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