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Home My WebLink AboutResolution 2104 r` ` . I ti • > � - i � � Cit� o� QRONO • ;��°� `� �� RESOLUTION OF THE CITY COUNCI L �� ,i NO. 2104 "� - � � . � A RESOLOTION GRANTING VARIANCES TO MLTNICIPAL ZONING CODE SECTION 10.55, SIIBDIVISION 8 AND SECTION 10.22, SUBDIVISION 1 AND 2, AND SECTION 10.25, SIIBDIVISION 6 (B) FILE #1081 WHEREAS, Gregory W. Long (hereinafter "the applicant") is the owner of the property located at 3359 Crystal Bay Road within the City of Orono (hereinafter "City") and legal 1y described as follows: Lot 12, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 1 to construct an enclosed porch and deck "addition • to be located within. the 0-75' lakeshore setback zone and located nearer the lakeshore than the average distance from the lakeshore of neighboring adjacent residences, where such structure and average setback encroachment is not normally allowed, and a variance to Section 10.22, Subdivision 2 to permit excessive hardcover in the 0- 75' and 75-250' Yakeshore setback zones where 0� hardcover and 25� hardcover limitations� respectively normal ly apply, and a variance to Section 10.25, Subdivision 6 (B) to allow a side yard setback of 9.5 � feet where a side yard setback of 10 feet is normally required. NOW, TH$R$FOR$, BS IT RTsSOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1081. 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 20, 1986, and recommended approval of the proposed variances based upon the fo1 lowing findings: A) The requested side setback variance of 0.5' is a • continuation of the line of the existing house and only one corner of the proposed addition requires the variance due to the angle of the house in relation to the side property , line. Page 1 of 5 . , . � ' � N S ..x Clt� o ORO O • RESOLUTION OF THE CITY COUNCI L ;.�:�„: � NO. 2104 • � • • ' B) The neighbor whose view's would be most affected by the average lakeshore setback encroachment, John Kust of 3355 Crystal Bay Road, has submitted a letter of non-objection regarding the addition. C) The existing residence is located 77 feet from the lakeshore. The majority of the proposed additon in the 0- 75' setback zone is over existing driveway hardcover. Any comparably sized addition Iocated in the west side yard would result in the need for even more hardcover than is . proposed now, hence the proposed location creates a relatively minimal hardcover increase on the property. D) Existing hardcover in the 0-75' setback zone, excluding the roadway, is 1,152 s.f. or 41.9�, the majority of which is gravel driveway. The portion of the driveway located east of proposed porch can be removed to compensate for the portion of deck which wilY be over existing grassed yard • area, resulting in no net hardcover increase in the 0-75' zone. � 4. The City Council finds that a reduction of the addition to 13' rather than the proposed 16' W�i1 resu�t in an encroachment of 11' into the 0-75' setback zone, and further finds that a reduction of driveway width from the existing 24' to a 16' width, W�ii result _i.n a final �0-75' hardcover of 805 s.f. or 29.3�, a - _ reduction fr-Qm=-the existing 1,152 s.f. or - : . `" -- - - ` 5. 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. � 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general 1y 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 demonstrabYe hardship or difficulty; is necessary to preserve a substantiaY property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive P1an of the City. • Page 2 of 5 � � � cit� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2104 • - • • � � CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 1 to construct a porch and deck addition located 64 feet from the lakeshore and encroaching 14.5 feet into the required average lakeshore setback, where a 75' lakeshore setback is normally required and where encroachment into the average lakeshore setback is not normally allowed, and grants a variance to Section 10.22, Subdivision 2 to permit 29.3� hardcoqer in the 0-75' lakeshore setback zone where no hardcover is normally allowed, and to permit 42.6� hardcover in the 75-250' lakeshore set- back zone where a maximum of 25� hardcover is normally allowed, and grants a variance to Section 10.25, Subdivision 6 (B) to permit a side yard setback of 9.5 feet where a 10 foot side yard setback is normally required, subject to the following conditions: • 1. Hardcover in the 0-75° setback zone, including driveway, deck, porch, sidewalks, stairs, etc. shall not exceed 805 s.f. or 29.3� ( Iot area 0-75' = 2,750 s.f.). Prior to final inspection ' of the addition, applicant sha11 reduce the driveway surface to a 16' width. The portions of driveway removed shall be replaced with grass or other suitable permeabYe groundcover. The porch � and deck addition shal 1 extend no more than 13' forward from the existing house. 2. Hardcover in the 75-250' setback zone shall not exceed 1,129 s.f. or 42.6� (Yot area 75-250' = 2,650 s.f. ). � 3. AppYicant is advised that future proposals resuXting in an increase in hardcover on the property W�ii not be approved, and might be approved only with concurrent removals of equivalent amounts of existing hardcover. 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 will expire on that date (December 8, 1987). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a vioYation of the • zoning code, shalY automatically terminate any authority granted herein, and shalY be punishable as a misdemeanor. Page 3 of 5 .. ` � � � � � Cit� o� ORONO �. • �� RESOLUTION OF THE CITY COUNCIL � ` NO. 2104 • - • • � . e 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 8th day of December, 1986. ATT ST: D rothy . Ha1Yin, City Clerk Mary C. ler, Mayor 1,,�. . rop rty w er(s) • . _ . � Page 4 of 5 � - � . :._ . � _ � _ : , . • • • �' " . . , � . � �y �� . c�t o� oR,oNo � � � RESOL.UTION OF THE CITY COUNCIL � NO. 2104 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On t h i s ��' d a y o f ��.QCQ,{�,�j.P� , 19 8 6 before me a Notary Public within and for said county, personally appeared L}y�q�U (,�. t ��(�.��.pn a known to me to be the person(s ) d scribed in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. i � �1�� /�-/��--�, NOTARY PUBLIC • �T,UK��M NNEA.SBOTA ►u�€fiN couNnr Mb�«cpira�s.s2 �' �- qa 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 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. NOTARY PUBLIC � MY COMMISSION EXPIRES - - . ._ _ _ __ _- ) Page 5 _of 5 ,. s .