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HomeMy WebLinkAboutResolution 2168 .,,��, r,,'� � �� clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2168 � ' � - � • A RESOLIITION GRANTING A VARIANCE TO MDNICIPAL ZONING CODE SECTION 10.25, SDBDIVISION 6 (B) AND SECTION 10.22, SIIBDIVISIOId 1 � 2 FILE #1109 WHEREAS, Curtis L. Johnson (hereinafter "the applicant") is the owner of the property located at 2024 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot Four (4) , Gust S. Johnson's Addition to Lake Minnetonka. And "Commencing at a point on the North Line of Lot Five (5) Gust S. Johnson's Addition, said point being 101.1 feet Westerly of the Northeast corner of said Lot Five (5) , thence Westerly along the Northerly line of said Lot Five (5) a distance of 129.9 feet to the Northwest corner of said Lot Five (5 ) , according to the survey and stake set by surveyor C. N. Sandhoff on November 5, 1936; thence Southerly along the Westerly line a distance of 1.8 feet to a iron pipe set in concrete, thence Easterly a distance of 129.9 feet to the • point of beginning," according to the plat thereof on file and of record in the Office of the .County Recorder, in and for Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to reconstruct his residence by relocating the existing structure and constructing additions both upward and eastward from it, on a lot of area 0.21 acre where 0.50 acre in area is normally required, of width 40' where Zot width of 100' is normally required, and with side setbacks on either side of 7' where 10' side setbacks are normally required; and a variance to Section 10.22, Subdivision 2 to allow 30.8� hardcover in the 75-250' lakeshore setback zone where only 25$ hardcover is normally allowed; and a variance to Section 10.22, Subdivision 1 to allow encroachment of structure into the average lakeshore setback zone. ,_ , NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1109. � 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. . • Page 1 of 5 � Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2168 � . ' � - • • ,. 3. The Orono Planning Commission reviewed this application on April 20 and May 4, 1987, and recommended approval of the proposed variance based upon the following findings: A) The property averages 40' in width, encompasses 0.21 acre in area, and contains an existing residence located 1.9' from the north side lot line and 12.3' from the south side lot line. B) Because the applicant has determined he must replace his foundation in order to add a proposed second story to his house, he has the opportunity to center the residence on his lot, there- by making his house more conforming to the required setbacks. C) The second story addition will encroach 3' into each required 10' side setback zone, but will have no significant effect on light, air or open space enjoyed by neighboring properties. • D) Proposed hardcover in the 75-250' lakeshore setback zone will increase from 27.8� existing to 30.8� by addition of a deck and room expansion. The hardship in this case is the small area of the lot. There are no proposed hardcover increases in the 0-75' lakeshore setback zone (6.8� existing). E) Planning Commission finds no hardship to justify a house extention that will encroach past the average house lakeshore setback '�line. F) The Planning Commission finds that the location of the second story deck on the lake side of the house to the south is such that it is appropriate to define the "average lakeshore second- story deck setback line" as shown on Exhibit A attached, defined as a line between the Northeast corner of the second story deck at 2032 Shadywood Road and the Northeast corner of the first story deck at 2016 Shadywood Road. Planning Commission finds no justification to al low extention of a second story deck past this defined setback line. Likewise, a ground level deck for 2024 Shadywood Road should not extend past the average ground level . � deck setback line as defined on Exhibit A attached. 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� oR,oNo • Q � RESOLUTION OF THE CITY COUNCIL � NO. 2168 • ' � � • • . 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 demon- strable 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. CONCLIISIOAiS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) to reconstruct his residence by relocating the existing structure and constructing additions both upward and eastward from it, on a lot of area 0.21 acre where 0.50 acre in area is normally required, of width 40' where lot width of 100' is normally required, and with side setbacks on either • side of 7' where 10' side setbacks are normal ly required; and a variance to Section 10.22, Subdivision 2 to allow 30.8� hardcover in the 75-250' lakeshore setback zone where only 25$ hardcover is normally allowed, subject to the following conditions: � l. Applicant shall move his house as proposed to be centered on the lot, with a 7' setback on either side. 2. The front (or east) wall of the house shall not extend past the average house setback line defined by line A-C on Exhibit "A" attached. 3. The proposed second story deck shall extend no further eastward than the "average second-story deck setback line" defined by line B-D on Exhibit A attached. 4. Any proposed ground level deck shall extend no further eastward than the 75' lakeshore setback line or the "average ground level deck setback line" defined as line B-E on Exhibit A attached, whichever is more restrictive. 5. Hardcover on the property in the 75-250' lakeshore setback zone shall not exceed 30.8g (1,943 s.f. ) as follows: House and all decks 1,200 s.f. � • Existing garage 390 s.f. Driveway 4 0 s.f. Concrete walls 313 s.f. 1,943 s.f. Page 3 of 5 • • �7 � Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL - � NO. 2168 � . • - • • 6. Hardcover in the 0-75' setback zone shall not exceed 6.8� (195 s.f. ) which consists of the existing shed and adjacent steps. Applicant is advised that the shed is considered a non-conforming structure and is subject to the pertinent ordinances. 7. Applicant is advised that no additional future hardcover will be approved on the property, but might be approved only in conjunction with concurrent removals of existing hardcover resulting in no net increase in hardcover. 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 wil 1 expire on that date (May 11, 1988 ) . 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 shal 1 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 llth day of May, 1987. r ' ATTES : t thy M allin, City Clerk Jame . R. Grab , yor • � � � P operty O�vne ( ) • Page 4 of 5 . . � ' ` clt� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � � NO. 2168 � . . . ' • - • • � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,, On this 14th day of MaY , 198� before me a Notary Public within and for said county, personally appeared Curtis L. Johnson & Pamela J. Willette known to me to be the person(s) described in and who executed the foregoing instrument, and acknowYedged that he (they) executed the same as his (their) free act and deed. G�%� � TM�l�A L NAAB NOTARY PUBLIC �MII�N�UO�MINNESOTA NENNEPIN COUNTY �COnMIMMio� expirgs 9-8-9; . . . . ��-�_�a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPTN ) On this day of , 198 , 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 _ . � _ __ . 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