HomeMy WebLinkAboutResolution 1814 ,1 , ��
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A RESOLIITION GRANTING
A VARIANCE TO ,
MUNICIPAL ZONING CODE .
SECTION 10.22, SIIBDIVISION 1 & 2
AND SECTION 10.25, SIIBDIVISION 6 (B)
FILE �943
� � WHEREAS, John & Susan Purdy (hereinafter "the appli�ant" ) ,
are owners of the property located at 1975 Fagerness Point Road within
the City of Orono (hereinafter "City") and legally described as
follows :
Lot 5, Fagerness, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Sections 10.22, Subdivision 1 & 2 and 10.25,
• Subdivision 6 (B) to permit the � construction of additions to the
existing house and garage which will increase hardcover in the 75-250'
lakeshore setback zone so that the total amount of hardcover on the
lot would exceed the amount of hardcover allowed by the Municipal
Zoning Code; and which additions will increase the amount of structure
in the 0-75' setback zone where no structure is allowed; and which
additions will encroach into the average lakeshore setback zone where
no encroachment is allowed; and �which garage addition will be located .
8.5 feet from the side property line where a 10 foot setback is
normal ly required.
NOW, T.HEREFORE, ,BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota: � � .
FINDINGS
1. This application was reviewed as Zoning File #943.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
July 15, 1985, and recommended approva'1 of the proposed variances .
based upon the following findings:
A) The hardships to the property are the slopes and con-
� . figuration of .the lot, the location of the existing struc-
tures, and the fact that there is lakeshore on two sides of
the property. .
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• � RESOWTION OF THE CITY COUNCIL
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B) The property contains certain items of hardcover which
may be changed so that they become non-hardcover, with a
relatively minor effect on the applicant's current use of
the property.
C) The variances, if approved, with certain concurrent
removals of hardcover will be approximately equivalent to '
variances recently granted to the adjacent property to the
north. .
4. The existing garage is non-conforming in that it is located
partially upon the road right-of-way. The existing topography of
the lot creates a hardship in relocating this garage to a con-
forming location.
5. The proposed addition to the south of the house wi 1 1 create
• approximately 96 square feet of new structure in the 0-75' set-
back zone, of which 72 square feet is new (not pre-existing)
hardcover. This encroachment extends 8' into the 75' setback
zone but continues an existing house line, and due to topography
and the relative locations of the adjacent houses, the en-
croachment will have no effect on the lake views of the adjacent
property owners. .
6. From the standpoint of drainage, the majority of the proposed
new hardcover is located more than 100' from the lakeshore, and
most of the resulting additional runoff would have substantial
yard area for absorption before reaching the lakeshore.
7. The total existing hardcover in the 0-75' setback zone is
1921 s.f. or 24.3�. The total existing hardcover in the 75-250'
setback zone is 1499 s.f. or 16.9�. After all proposed additions
and concurrent removal of hardcover, the net increase in overall
hardcover on the property is about 275 s.f., with final 0-75'
� hardcover of 1095 s.f. or 13.9� and final 75-250' hardcover of
2568 s.f. or 29.0�.
, 8. The City Counci 1 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 variance on the health, safety and welfare of the
• community.
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� , �� City of ORO1�0
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�'°`�y �`��"` RESOLUTION OF�THE CITY COUNCIL
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Yr .•,,,;,;, � NO. 1814
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9. 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 variance
would not adversely affect traffic conditions, �ight, 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 appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CUNCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Sections 10.22, Sub-
�division 1 & 2 and 10.25, Subdivision 6 (B) to permit the construction �
of additions to the existing house and garage which will increase
hardcover in the 75-250' lakeshore setback zone so that the total
amount of hardcover on the lot would exceed the amount of hardcover
� allowed by the Municipal Zoning Code; and which additions will in-
crease the amount of structure in the 0-75' setback zone where no
structure is. ailowed; and which additions will encroach into the
average lakeshore setback zone where no encroachment is al lowed; and
which garage addition will be located 8.5 feet from the side property
line where a 10 foot setback is normally required; subject to the
following conditions: �
l. Variances are granted so that the maximum allowable hardcover
on thrs property shall be 3663 square fee�t total , based on the
additions and removals of hardcover as described below:
� a) Ea.st side of house - additional hardcover
- 1Ox24' addition; net = +146 s.f.
- Deck with hot tub, east side; net = +117 s.f. .
- Step minus existing walk; net = +14 s.f.
b) South side of house - additional hardcover
- 16 'x42.5 ' addition; net = +575 s.f.
c) Garage addition
- 12'x24.1 ' addition; net = +289 s.f.
Total new hardcover addition.
before concurrent removals = +1141 s.f.
• d) Concurrent removals of existing hardcover
- Remove patio block and any plastic or other hardcover frorn
kenne.l area = -213 s.f. � � �
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� ` City of OROl�O
• RESOLUTION OF�THE CITY COUNCIL
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� NO. 1814
� - � emove plastic from under rock from trampoline area = -360 s.f.
- Remove plastic from under 10'x16' deck; (staff to confirm :
deck spacing and ground conditions) _ - 160 s.f.
- Remove plastic from under NW and NE house rock edging
_ - 165 s.f. .
Total concurrent removal of existing hardcover = -898 s.f.
Total net increase in hardcover after additions and removals
= 1141-898 = 243 s.f.
, • 3420 s.f. existing +243 s.f. additional = 3663 s.f.
of which 1095 s.f. is in the 0-75' setback zone and 2568 s.f. is
in the 75-250' setksack zone. The removals of hardcover shall be �
staged in such a manner so that when each portion of the entire
� project is constructed the appropriate equivalent amount of hard-
cover shall be removed concurrently, so that the total hardcover
at any given time never exceeds 3663 square feet.
• 2. A variance is granted to allow the non-conforming garage �
structure to continue, with an addition to the rear of the garage �
being 8.5 feet from the side lot line rather than the 10' nor- � �
. mally required. '
3. A variance is granted for the addditional encroachment into
the average lakeshore setback and additional structure in the 0- �
75' zone for the addition south of the house.
4. The applicant is place on notice that no other variances are
granted with this application, and that future requests for
additional hardcover variances above and beyond that granted at
this time may not be approved. .
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 d�ate of Council approval, o.r this variance will expire on
that date (July 22, 1986 ). The applicant is placed on notice
that if one or more of the 3 specifically allowed projects are
not commenced within the 1 year variance approval period, a
renewal variance must be applied for. The granting of the
variances under the current application does not grant any vested
rights to the property owner a�ter the expiration date, and a
future City Council is not legally bound to grant the same
• variances in the case of a renewal variance.
6. Violation of or non-compliance wi-th any of the terms and
conditions of this variance shall constitute a violation� of the
zoning code, shal 1 automatically terminate any authority granted
� herein, and shall be punishable as a misdemeanor. .
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. a ` RESOWTION OF THE CITY COUNCIL
'� ' . . . NO. 1814
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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 22th day of July,
1985. . �
ATT ST: ,
��%,n_• �./
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D othy M. Ha11in, City Clerk Mar C. Bu 1 r, Mayor
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(1) Proper y Owner
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� �� � � Cit� of OROl�O
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� ` �.,t .
- ' RESOWTION OF THE CITY COUNCIL
. < ,..�:� � � NO. 1814 .
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STATE OF MINNESOTA )
� ) ss.
COUNT�' OF HENNEPIN )
On this __ 2(0�' day of ���y , 1985
before me a Notary Pub ic wi hi and for said county, personally
appeared :�us,A-�� �L.i,uby� �uP.-�J`� known to me to be
the person (s ) described in and who executed the foregoing
instrument, and ackinowledged that he (they) executed the same as
his (their) free ac� and deed.
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• M1GHPPU �1C•M,NU��Y � 4 �
J,,....,� NpSAR �N G�I e�1,�`�31 '
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:.� My�o�, ' NOTA Y PUBLIC
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MY COMMISSIO EXPIRES
STATE OF MINNESOTA �
)ss.
COUNTY OF HENNEPIN ) '
On this 3� �� I day of � � L y. , 1985, before me,
a Notary Publ ' c within and for said County, personally appeared
_��o�!?tJ �,�D��_ _ k n own t o m e t o b e t h e
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their ) free act and deed.
! - • -
�o��
ICHAEL P. GAFFR��', OTARY PUBLIC
,a^w^� M _N11NNESOTA�
/s� �''� NOTARY PUBUC ' U�-�Y �2
, ;��'��• �-IENNEPIN C� ��,,��
AIIy Commission Exp��es�uno 11, 2,�r
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MY COMMISS ON EXPIRES �
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