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Home My WebLink AboutResolution 1903 � V � � Cit� o� ORONO • Q� RESOLUTION OF THE CITY COUNCIL � NO. 1903 • � • • A RESOLIITION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 � 2, 10.25, SIIBDIVISION 6 (B) AND 10.55, SIIBDIVISION 8 FILE �983 _ WHEREAS, Mr. & Mrs. Walter Pemberton (hereinafter "the applicants" ) are the owners of the property located at 3580 North Shore Drive within the City of •Orono (hereinafter "City") and legally described as follows: Lot 7, Block 2, Baldur Park (hereinafter "property"); and WHEREAS, the applicants have applied to the City for a . variance to Municipal Zoning Code Sections 10.22, Subdivision 1 and • 10.55, Subdivision 8 to allow the construction of a single family residence located 52' from the shoreline where a 75' setback is normally required; a variance to Section 10.22, Subdivision 2 and 10.55, Subdivision 8 to allow hardcover in excess of the 0� normally allowed in the 0-75' lakeshore setback zone and in excess of the 25� ' normally allowed in the 75-250' lakeshore setback zone; and variances to Section 10.25, Subdivision 6 (B) to lot area (11,130 s.f. existing where 21,780- s.f. is normally required) , lot width (49.9' existing where 100' is normally required), side setback (5' proposed for tuck- under garage portion where 10' is normally required) , and street setback (28' proposed for house, 20' proposed for deck, where a 30' street yard setback is normally required). NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #983. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 21, November 18, and December 16, 1985, and recommended approval of the proposed variances based upon the following • findings : A) The property is 49.9 feet in width and 11,130 square feet in area including the right-of-way of County Road 51. Page 1 of 5 . ` • � c�t� o� oR,o�o � • � RESOLUTION OF THE CITY COUNCIL � NO. 1903 • � • • B) There is an existing 660 square foot cabin on the property, which cabin is approximately 6.5' from the side lot line and encroaching 15' into the 0-75' setback area. C) The property has been assessed for and is connected to the municipal sewer system. The property is served by an existing private well. � D) The property is subject to 75' lakeshore setbacks both front and rear. It is virtually impossible to rebuild on the property without hardcover variances. E) The configuration of the proposed house and lot is such that the tuck-under garage portion, in order to provide � sufficient room for cars to back out and enter safely onto • County Road 51, requires a 5' west side setback, and will encroach 23' into the 0-75' setback zone. F) The zoning code does not specify a required setback from a road easement; the proposed house is located 7' behind the � average street setback and the proposed open deck on the street side encroaches only 1' into the average street setback of the adjacent houses. G) The configuration of the proposed house is such that there is no encroachment on the average lakeshore setback of the adjacent houses. H) The configuration of the house and driveway as related to the existing topography of the lot is such that only minor grading work will be necessary in the 0-75' setback • zone. I) The tuck-under garage configuration with proposed 7' wide driveway minimizes the hardcover while maintaining the applicant' s concept of an acceptable home on the property. . J) The applicant's hardships are that the lot is very small and there is no adjacent land available for acquisition. • 4. 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 variance on the health, safety and welfare of the community. Page 2 of 5 Cit� o� ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. 1903 • � • • . 5. 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, 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. CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the M :nicipal Zoning Code Sections 10.22, Subdivision 1 and 10.55, Subditision 8 to allow the construction of a single family residence loca.��:ed 52' from the shoreline where a 75' � • setback is normally required; �. variance to Section 10.22, Subdivision 2 and 10.55, Subdivision 8 te allow hardcover of 20� in the 0-75' lakeshore setback zone and 52$ in the 75-250' lakeshore setback zone; and variances to Section 10.2c , Subdivision 6 (B) for a lot area of 11,130 square feet, for a lot w :,dth of 49.9' , for a side setback of 5' � for tuck-under garage portion, and for a street setback of 28' for house and 20' for deck, measure ' from the assumed right-of-way line, subject to the following condit.. �ns: l. Hardcover in the 0-75' setback zone shall not exceed 20� or 836 square feet. Hardcover in the 75-250' setback zone shall not exceed 52� or 1,633 square feet. 2. The entire structure, except for the extension of the tuck- � under garage, shall meet the required 10' side setbacks. The tuck-under garage extension shall be setback at least 5 feet from the side property line. 3. The deck shall not be enclosed but may consist of a platform at the floor level of the first story, with standard height railing. 4. The applicant or applicant's contractor shall notify City staff immediately prior to commencing any grading or filling within the 0-75' setback zone. Such grading shall consist only of the grading necessary to accommodate the structure and drive- • way as determined by staff. 5. Applicant shall maintain proper erosion controls during construction. 6. House construction must meet standards of the State Building Code. Page 3 of 5 . ` . _ - , • C�t� o� ORONO► • � RESOLUTION OF THE CITY COUNCIL � NO. 1903 � • � • • 7. Any changes to the site plan resulting in the need for additional or more extensive variances shall be subject to City review. 8. 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 (January 13, 1987). 9. 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. 10. 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 13th day of Jan��ry, 1986. i ATTEST: � � � � � � ' ��-2�e� ✓I ��--�G�� ° - thy M. allin, C ty Clerk Mary C. Butler, Mayor Tim Ad ms, Acting Mayor � � �__.C.� (1 ) Property Owner i Page 4 of 5 � r �. � • • ` C�t� o� ORONO , � � RESOLUTION OF THE CITY COUNCIL i NO. 1903 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 28th day of ,Tanuary , 1986 before me a Notary Public within and for said county, personally , appeared Marilyn E. Pemberton 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. • * � JOANNE C.LATTIN NOTARY PUBLIC•MINNESOTA NOTARY PUBL C • HENNEPtN COUNTY My Commission Expires Sept 5,1990 x x Sept. 5, 1990 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �� day of ��.{ , 1986, before me a Notary Public w thin and for said County, personally appeared �/f/�y��J��3�s��{ 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. EL P•GAFFRON NOTARY PUBLIC ' (�IC� �IIINNESO�A � N��Y EPIN COUNTY • HENN ires Juna 11,�ss� MyCommisstonExP . �t,t.v� I/ �/ �� • MY COMMISSI N EXPIRES Page 5 of 5