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Home My WebLink AboutResolution 2184 ' 'i . P ' • I � Cit� of ORONO ,� - � RESOLUTION OF THE CITY COUNCIL � NO. 2184 ' • - • • ' A RESOLDTION GRANTING A VARIANCE TO MDNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) . AND 10.22, SOBDIVISION 1 AR1D 2 FILS #1138 �•, WHER$AS, Ronald E. Demshar (hereinafter "the applicant") is the owner of the property located at 2821 Casco Point Road within the City of Orono (Yiereinafter "City") and legally described as follows: Lot 118, Spring Park, and that part of Lake Shore Avenue, now vacated, lying between extension across it of the side lines of said lot and including the land between said vacated avenue and the shore of Lake Minnetonka, lying between extensions across said strip of land of the side lines of said Lot 118, according to the recorded plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, (hereinafter "the property"); and �. ' WHSREAS, the applicant has applied to the City for variances to • Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 1 and 2 to permit the construction of a 12'x24' ground level deck, a 28'x47' second story over the existing house, and a 12'x31' attached garage addition; the second story addition requiring 5.6' and 3.4' right and side setbacks respectively where 10' side setbacks are normally required, and requiring an average lakeshore setback encroachment variance of 18' where no average lakeshore setback encroachment is normally al lowed; the attached garage �.ddition requiring a 9.2' right side setback where 10' side setback is normal ly required; and the additions in total requiring a variance for excessive hardcover in the 75-250' lakeshore setback zone where only 25$ hardcover is normally allowed. NOW, THERLFORE, B$ IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1138. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on May 4, 1987, and recommended approval of the proposed variances based upon the following findings: � • A) The second story addition over the existing house will have no detrimental effect on any neighboring views of the lake. Page 1 of 5 . .., , Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL ' � NO. 2184 , `�� • - • • The ground level deck proposed on the lake side of the house wi 11 have no rai ling and wi 11 have no ef fect on neighboring views + of the lake. C) Applicant requests to keep the existing detached garage for storage because the existing house has only a 300 s.f. basement hence existing storage is limited. '•� D) Planning Commission finds that it is appropriate to allow applicant to keep the existing garage during construction of the � additions, but that there are no hardships demonstrated to justify retention of that detached' garage once the new attached garage is completed. E) Upon removal of the detached garage, applicant's 75-250' hardcover wi 11 revert to a tota 1 of 54.4$, or a 1.5� increase � over the pre-existing 52.9$. 4. The City Council finds no hardship to justify an increase in 75- 250' hardcover, and finds that it is feasible to remove existing • hardcover so that there is no net increase. 5. The Gity Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the agplicant 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 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. CONCLIISIONS. ORDElt AND COATDITIONS Based upon the above findings, the Orono City Council hereby grants' variances to the Municipal Zoning Code Section 10.25, Subdivision 6 . (B) and Section 10.22, Subdivision 1 and 2 to permit the construction of a 12'x24' ground level deck, a 28'x47' second story over the existing house, and a 12'x31' attached garage addition; the second story addition requiring 5.6' and 3.4' right and side setbacks respectively where 10' side setbacks • are normally required, and requiring an average lakeshore setback encroachment variance of 18 ' where no average lakeshore setback encroachment is normally al lowed; the attached garage addition requiring a 9.2' right side setback where 10' side setback is normally required; and the additions in total requiring a variance for excessive hardcover in the 75-250' lakeshore setback zone where only 25� hardcover is normally allowed, subject to the fol lowing conditions: Page 2 of 5 _ � Clt of ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2184 � ' � - • • l. Hardcover on the property shall be allowed as follows: • 0-75 ' Zone �•� Stairs 72 s.f. " Platform 32 s.f. Shed 48 s.f. 152 s.f. or 3.4� � . (No changes from existing) 75-250' Zone Existing House 1,860 s.f. • Attached Garage/Addition 372 s.f. Sidewalks 452 s.f. Block Retaining Wall 28 s.f. Driveway 1,952 s.f. Deck on West Side of House 288 s.f. 4,952 s.f. or 52.9$ Applicant is advised that no future additional hardcover will be approved on the property and that any future proposals for additional hardcover will not be approved, but might be approved only with concurrent removals of existing hardcover. 2. Applicant is advised that the existing shed and platform at the - lakeshore are considered non-conforming structures and are subject to the pertinent ordinances governing such structures. 3. The existing detached garage shall be removed no later than May l, 1988 and that area shall revert to grass non-hardcover immediately : upon removal of the garage. The 143 s.f. removal of driveway hardcover shall also occur by May 1, 1988. 4. Authorities granted with this resolution run with the property not � with the applicants, 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 (May 2�6, - • 1988) . _ _ 5. Violation of or non-compliance with any of the terms and ` conditions of this resolution shall constitute a violation of the _ -- -- -- - zoning- code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. _ _ - Paqe 3 of 5 - . � . , � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL Q� NO. 2184 � ' • � • • 6. e undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of May, 1987. , ATTE . D M li , City Clerk Jame R. Gra e , Mayor r � P "ope y Owner(s) • • Page 4 of 5 � � ., _ . Y -� clt� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 2184 '� ' • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 4th day of June , 198� before me a Notary Public within and for said county, personally appeared R. D�mshar & MarqaretFMartin Demshar 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. � L.�� NOT RY PUBLIC � ��E��MN NESOra � NENNEPIN COUNTY MY oomm�aabn exp�r.s s-E_s� �_ Y_Ya • ��} U / MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 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 MY COMMISSION EXPIRES � page 5 of 5 _ _ _