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HomeMy WebLinkAboutResolution 2047 � r,,;- � ., � Clty o� ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2047 • - • • A RESOLOTION GRANTING � . � A VARIANCE TO . MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 FILE #1022 WHER$AS, Charles A. Schall (hereinafter "the applicant") is the owner of the property located at 605 Park Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 15, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota, . except that part of said lot lying South of a line drawn parallel with and distant 55 feet Southerly of the North line of said lot; (hereinafter "the property"); and � • WHBREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to increase hardcover in the 75-250' lakeshore setback zone from 48.8$ to 52.2$ where only 25$ hardcover is normally al lowed, and a variance to Section 10.24, Subdivision 5 (B) to allow construction of a side-loading attached garage which will be located 7.7 feet from the side lot line where a 10 foot setback is normally required, and located 3.5 feet from the street lot line where a 35 foot setback is normally required. NOW, THER$FORE, BE IT RESOI�VLD by the City Counci 1 of Orono, Minnesota: - FINDINGS ' 1. This application was reviewed as Zoning File #1022. � 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. . 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: � A) The proposed side-loading garage is potentially safer than the existing end-loading garage, although this is a very low- • traffic street. � • B) The proposed garage will provide a greater setback from the � ' street than the existing garage. • Page 1 of 6 � �o . . . . �Ci.ty o� ORONO � • , � � RESOLUTION OF THE CITY COUNCI6 � . , � NO. 2047 • , � � - • • C) There is no other location on the property in which to construct a 2-car garage due to the required 10 foot separation , between structures and the close proximity of the house to the south, which is only 0.5 feet from the lot line. D) The 2nd-story room over the garage is reasonable considering the small size of the lot, and is preferable to a horizontal expansion of the house which would create additional hardcover. E) The applicant has revised the entryway proposal to meet the wel 1 setback requirements. F) For safety purposes it is reasonable to allow the applicant to keep the entire existing paved parking apron in order to • provide a backup area to avoid backing out into the street. G) No other land is available for applicant to purchase in order to make his property more conforming. H) There is existing hardcover in the 0-75' and 75-250'� setback zones which can be removed to partially offset the proposed additional hardcover. 4. The existing 1-car garage is inadequately sized for applicants reasonable use of the property. 5. The second story room over the garage is necessary to provide a useful second bedroom since the house currently' contains only one . useful bedroom, which is a hardship to the applicant's reasonable use of the property, because it does not allow for additional family members or. temporary guests. 6. The existing basement rooms are not useful as bedrooms because the existing.windows do not meet fire egress height standards. In orcler to change these windows it would require structural changes to the basement walls and a change in grades on the lakeshore side of the residence. 7. The applicants request w� i1 result in a residence that is approximately 200 s.f. smaller in area and has less hardcover than the • neighboring property to the north. Page 2 of 6 , , � '` . ' . . S�' . ��'_�;,- '4: c :��f���� � c�t� o��oR,oNo � `;:r;�� �. ;�,,,e* .�ar: . . •'yr; • ':;� " RESOLUTION OF THE CITY COUNCI L � 2047 ;��.�,: � `s NO. ;-� _� _� •rfy« 8. Revision of the roof line of the existing house to create a usable second story above the existing house would result in additional encroachment on neighbor's sunlight due to a higher peak, and might also require a variance to maximum height restrictions, and second story structure over garage is less of an encroachment on sunlight or open space. 9. Expansion to create additional space outside the existing walls of the house is limited by the hardship of the small lot size. The lot was created and existing house constructed prior to formal City zoning controls. These conditions are unique to the property and do not generally apply to other developed lots in the LR-1B Zoning District. 96$ of the de,veloped lots in the LR-1B Zoning District exceed 0.20 acres in area. The subject lot contains 0.199 acres in area. These unigue conditions were not created by the applicant. No additional land is available for acquisition by the applicant to make the property more conforming. • 10. The second story addition will not alter the essential character . of the neighborhood but will be consistent with existing development in the neighborhood. The amount of sunlight, air, and open space in the neighborhood will not be adversely affected to any significant degree. The traffic conditions in the neighborhood will� not be adversely affected but actual.ly may be improved. 11. Because one of the general purposes of sideyard setback and height requirements in the Zoning Code is to maximize the amount of ' open space, air, and sunlight in a neighborhood, it is appropriate to restrict the height of this garage addition, given the side setback variance allowed. . 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City sta�f, comments by the applicant and comments by the public, and the effect of the proposed variance on the health, safety and welfare of the community. 13. 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. Page 3 of 6 � . ` .. Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2047 • - • • . ' CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to increase hardcover in the 75-250' lakeshore setback zone from 48.8� to 52.2� where only �.25$ hardcover is normally allowed, and a variance to Section 10.24, Subdivision 5 (B) to allow construction of side-loading attached garage which will be located 7.7 feet from the side lot line where a 10 foot setback• is normally required, and located 3.5 feet from the street lot line where a 35 foot setback is normally required, subject to the fol lowing conditions: 1. This approval is granted only for the garage/upper room addition proposed at this time, with roof peak approximately 3 feet below the • peak of the existing roof of the house, per Exhibit "A" attached. Extention of the garage/upper room' peak height above that height approved with this application is prohibited. 2. Prior to final inspection and occupancy of the• proposed additions, applicant shall remove the following items of existing hardcover: Front Sidewalk - 69 � s.f. Portion of Existing Driveway Pavement - 49 s.f. Plastic Under Roc;� Beds in Lakeshore Yard - 221 s.f. 3. The hardcover on the property is limited as follows: 0-75' setback zone: Hardcover may not exceed 102.5 s.f. or 2.5$ � 75-250' setback zone: Hardcover is limited to the following items: House With Garage and Entryway 1,�450 s.f. (with short sidewalk) � Driveway and Backup Apron 599 s.f. Sidewalk 217 s.f. Decks 110 s.f. . 2,376 s.f. or 52.2$ • Applicant is advised that any future development of the property which Wi1 1 create additional hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover resulting in no net increase of hardcover. . . � Page 4 of 6 ♦ � � �� _` `a Cit� o� ORONO � � RESOLUTION OF THE CITY COUNCIL , � NO. 2047 . • - • • 4. 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 wil 1 expire on that date (September 22, 1987 ). . . 5. 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 sha11 be punishable as a misdemeanor. � 6. 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 22nd day of September, • 1986 . ATTE T: � I i v�-�-Et�? ,�l�'"1 s - � �•�•�`�" ,�cxz��� V�AC`�o!� D othy M. allin, City Clerk � Mary C Butler�, Mayor _ Ti Ad s.f A ° g M X r � e ner s) , • � Page 5 of 6 • .' - �► .• � ' Cit� o� ORONO � • RESOLUTION OF THE CITY COUNCIL � � NO. 2047 • - • • STATE OF MINNESOTA ) ,' ) ;ss. COUNTY OF HENNEPIN ) On this �3 Y�D day of �'��W(L��2_ , 1986 before me a Notary Public within and for said county, personally appeared /ll���L�N�, �e�,� ,e�nro Cµ,���.��,4.y� 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 /� .. W11CHA Bu�.MiNNESOTA NOTARY PUBLIC ' �`�' . Nt{E NEPIN COU . ires dun�e TY��7 i� issionF�P •.� MyComm ��A�..^-:.,. ��� �� /p8 7 . MY COMMISSION EXPIRES STATE OF MINNESOTA ) - )ss. COUNTY OF HENNEPIN ) On this day of � , 1986, before me a Notary Public within and for said County, personally appeared known to �ne 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. NOTARY PUBLIC � MY COMMISSION EXPIRES Page 6 of 6 ' . • •- ` +` EXHIBIT A ' 'Jc � . RESOLUTImN # 2�047 '' � CITY OF ORONO � � t�l ; • ; : , • ., � • • . 1 i � , . . +' ' � . . ' . " ., , � . �� .;.. . • . � . ! . , • i ; i � . . : �� � � ' . � . , i ' � � ;i i ' : ; �} ; � . � . . � � N � � � ; l � , � � . : . , � � s i � I . � . +t : • : ! � : � � � ! ; ; . . ' � � . t ; ' • . ., , . . � '� � . -�. , � i � • • �. � �. .. . . I� . . _ ' '. , `_ . .•, . . , � •� . � � i ' � i t � . i , ' : . • . ! � � � � ,! ' . . • . ' w � , i � i � 1 j � , • � ; � ; . � � ' , � • • . � � I � � � � . I ; , . . � .� ,� ; ; j . . � j ' i ; � ` ' � � . . � . 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