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Home My WebLink About#5316 - variances - 2005 � � � � o �',� Z � ��._, , CI'�Y Of O1ZON0 ,� , � .�,:: �'',� �''' '�� G'�' RESOLUTION OF THE.CI7Y COUNCIL <� J�.. �`�kEsKo�� No. � `- -. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONI1�G CODE SECTION 78-1288, 78-1279 (6), 78-1438 FILE NO. OS-3089 WHEREAS, Theodore Rozeboom and Deborah Rozeboom, husband and wife (hereinafter "the applicants") are the owners of the property located at 2967 Casco Point Road within d1e City of Orono (hereinafter the "City") and le�ally descriUed as follows: Tract B, R.L.S. No. 1470, Heiu�epin County, Minnesota (hereinafter the "propei-ty"}; aud WHEREAS, the applicants have made application to the City of Orono for an average lakeshore setbacic variance, hardcover variance, and building-to-building setback variance to Orono Municipal Zoning Code Sections 78-1288, 78-1279(6), and 78-1438 to allow reconstruction of the existing lalceside porch, relocate a hot tub in a non-confonning location to the roof of the proposed new porch, and construction of a new roof overhang on the street side of the home between the existing detached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zorling File 0�-3089. 2. The property is located in the LR — 1C, One Family Lakeshore Residential District which requires a minimum lot area of 0.50 acres and a minimum lot width of 100 feet. The applicants' property is 0.48 acres in area and 82' at the shoreline and 76' at the 75' setback. 3. The Planning Commission reviewed this application at public heanngs held on March 21, 2005 and April 18, 200� and recoinmended approval of the requested variances based on the followina findings: Page 1 of 6 , � � _ V o � ' �� , I'I"1' of ORONo � a ��1�� FiESOLUTION OF THE CITY COUNCIL � G ��kE YLpS�`'�' NO. � �: ;, S a. No further encroachment of the average lakeshore setback will result with construction of the lakeside porch in the same location, and therefore no existir:g lake views enjoyed by neighboring property will be impacted negatively. b. Placement of the existing hot tub on the roof of the lakeside porch, while technically an eneroach.inent, will not negatively impact views to the lake enjoyed by neighboring property owners due to the heijht. c. Tl�e current location of the hot tub is non-conforming in that it is within 10' of the side lot line. d. The deck and fence existing on the side lot line in place for use of the . hot tub, will be reinoved. e. Excess hardcover within the 75'-250' zone will be removed and result in a confoi-�ning percentage of 25%. f. The proposed roof overhan� attached to the principal stn.lcture aild to extend to 5' fi�om the detached jara�e will inerely be an extension of the existing non-confornling building-to-building setback existing between the house and detaclled garage. g. The proposed roof overhang will meet the required 10' setback to the side property boundary. 4. The City Council has considered this application including the findings and recominendation of the Plaiuling Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the communit}�. 5. The City Council finds that the conditions existin� 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 dan�er to neighbonng pxoperty; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to presen�e a substantial property right of the applicants; and would be in Pa�e 2 of 6 � � �� o � �'�� - CIT�' of ORONO ��,. � = � "�;,� l��, '�?��{ G'� RESOLUTION OF THE CITY COUNCIL L�kEs8�4� NO. �;�, , t; keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITTONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore setUack variance, hardcover variance, and building-to- building setbacic variance to Orono Municipal Zoning Code Section 78-1258, 78-1279(6), and 78-1438 to allow reconstniction of tl�e existing lakeside porclz, relocate a hot tub in a non-confonning location to the roof of the proposed new porch, and constntction of a new roof overhan� on the street side of the home between the existing detached garage, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicants and aiulotated by City staff, attached to this Resolution as Exhibit A. Any amendinents to the site plan which are not in confonnity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 660 s.f. or 11%. Hardcover in the 75'-250' zone shall become confoi-ming at 25% and hardcover within the 250'-500' zone shall not increase above 1600 s.f. or 64.4°/o as depicted on Exhibit A, Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Hardcover calculation worksheets sliall be submitted with the building permit to verify compliance with the hardcover calculation represented on attached Exhibit A. 4. The applicants may phase the hardcover removals as shown on attached Exhibit A; however, all hardcover removals shall be completed at the time the garage is changed to a front load, for which a perniit must be obtained no later than April 25, 2006. The hardcover removals shown as phase 1 must be completed prior to the final inspection for the lakeside porch. 5. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their penneability as non-hardcover surfaces. Pa�e 3 of 6 - � �� N O ��:;�_:- �� O � � `� 1 �� , � � �' «��,. '�' RESOLUTION OF THE CITY COUNC�L ��`g$ESgOg'�G PVO. �� - 6. The only access to the hot tub shall be internally from the house so as to eleminate negati��e ir.ipacts on lal<e views that�,vould be created by new outside stairwavs. 7. Authorities �ranted by this resolution nuz with the property not with the applicants, but are pennissive only and inust be exercised Uy obtaining a building pennit for the new constniction ��itl�in one year of the date of Council approval, or the variance will expire on that date (April 25, 2006). 8. Violation of or non-compliance with any of the tenns and conditions of this resolution shall constitute a violation of the zonin� code, shall automatically teiminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�ls, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25`�' day of April, 2005. ATTEST: , � _ , _ ; 1 . , ,�`�_ �� <�;,,..�r� � �:F_ � ��.... , , f . , ,� ,;. , , . . r.. ,_,�,_,� . i .-�_ �- .. , Liiida S. Vee, City CIer1< Barbara A. Peterson, Mayor � � � ;_. �� _.�... �-�� ,, � , �� . �,y.. � y\p-} �3-`,� � t� �i �....s�' r . � �,,,.." . �+� L..�,.� p.��.—+°` . ....., a .'+,—+��—'�a .�.... i��'�.."•'--'�:, 4 \ b� P perty Owner(s Page4of6 � �� \ � '��:- I'1•'�' of RONO � �� ti yv' ��,, '�' RESOLUTION OF THE CITY COUNCIL ��'l i ��-�,� .�,G `-' _ f; r-; `�kESH�4� NO, c�;;- " _ �. STATE OF MINNESOTA COUNTY OF HENNEPII�T ; ,__ The foregoing insti-ument was acknowledged before me on this --_ �day of � '•-, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota inunicipal coiporation and said instrument was eYecuted on behalf of the City. _, � � Notary Public �"� �' RACHEL DODGE �oj � �-�� "' iJOTARY PUBLIC-MINNESOTA �p�j :?„�� Iv9y Commission Expires Jan.31,2010 ,i �'?�""�c.-?-_,?-.r,�f;r^�„��'?c':<�"�.�"r.'�1� STATE OF MINNESOTA COU?�1TY OF HENNEPIN The foregoing instnmlent was aclalo�vledged before me on this. _ day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Miiuzesota municipal coiporation and said instiuinent was executed on bel�alf of the City. �.�t'�'�.��;�.�-�� f ' ;��aCNEL DODGE �`. � ,, �.. , � , , , �� v . .. �� ~�� Nt)f;��Yr UBLIC-MINNESOTA �% �� '' ��°�` ��i:.m-n�,s�on Ex res�an.3t,20�0 �'� Notary Public S:;� �'` �' �', �:>-„„:.; -;,:�- ..��.�� _�_..^..�-r.,r'..-''. .�.._..:.:;":�..z.._:�'.c�",�^�'..�'�,- r- Pa�e 5 of 6 . � �� `5�:,. :: � F .�.,. .- , C ITY of ORONO � � ��, �� RESOLUTION OF THE CITY COUIVCIL �t`gkESH�4�� N O. :_ i ,:: STATE OF MINNESOTA COUIvTY OF HENNEPIN �t This instniment was acknowledged Uefore me this o77 day of r LL , 2005 by Theodore Rozeboom, husband of Deborah Rozeboom. �-'�`�, (?ARBAf�A G gr�_1.1;� ��i��p-( �' t„Yr' ,^�� t �I - �yy:.,✓� t�1 C�mr;., o�LcTi,� ., ,. .;:1; t �iOt11y PitbI1C STATE OF MINNESOTA COLNTY OF HENNEPIN This instnunent was acicnowledged befoz�e me this--=}.'��day of ` '' i�'' � `� , 2005 by Deborah Rozeboom, tivife of Theodore Rozeboom. �!'�'�.-reyc'��'�;_ r ; ... . � rrr r- �. .:.�_ '. �.. ._ `�. . �...,._._ �� ;.�� FtACHEL DODGE � }u �`''�E� NOTARY PUB�IC-P�1INNESOTA Notary Public �{� :;;,�'f h:1y Commission Expires Jan.3t,2010 � '��.r�r'�.�'`'� . �...c.,«...5� Pa�e 6 of 6