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HomeMy WebLinkAbout#4477-variance-2000 /�--� /.� O� 0 0�,. �,. - , ,,� C ITY of ORONO �, �,� �'�//� RESOLUTION OF THE CITY COUNCIL �t�9 4�'/ N 0. '� � `�% `�' �ESH� A RESOLUTION GRAi�1TI�tG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(1) FILE NO. 2�81 WHEREAS, John N. Gehring and Kristin R. Gehring, husband and wzfe, (hereinafter"the applicants")are the o�vners of the property located at 1687 Concordia Street ���ithin the City of Orono (hereinafter "the City") and legally described as follows: The North 50 feet of the South 100 feet of Lot 16, Coffee's Addition to Shadywood Lake Minnetonka, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zonin� Code Section 10.22, Subdivision 1 to allow the principal residence to be located 42' from the shoreline �vhere a 7S setback is required; Section 10.22, S�.�bdivision 2 and Section 10.56, Subdi��ision 16(L)(1) to allow 1,012 s.f. (26.7%)of hardcover in the 0-75' setback area where 0 s.f. (0%)is allowed and 999 s.£ (26.3%)exists to permit the construction of a new residence on the lot; and WHEREAS, after due published notice and mailed notice in accordance with �linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 1�, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application���as reviewed as Zoning File #2�31. 2. This property is located in the LR-1 C Zoning District,where .5 acre or 21,780 s.f. is the minimum lot area. The property consists of approximately .33 acres or 14,313 s.f. Page 1 of 6 ��–� �� 0� O O �e. � � C ITY of ORONO � �i RESOLUTION OF THE CITY COUNC�L ��9kESH�4��'G N0. � �. 5Y �! —� �. The Orono Planning Commission reviewed this application on May 15, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. Lots in the Concordia neighborhood were developed prior to zoning standards for residential development of lakeshore properties. The subject property and two other lots on Concordia are the only 50' wide lots in the neighborhood. B. The proposed new residence will meet the required side setback of 10' on a lot that is 50' in width. C. More than one-half of the existing residence structure is located within the 0- 75' lal:eshore protected area. D. The structural coverage will increase from 1,918 s.f. (13.4%) to 2,150 s.f. (15%). E. The neighboring property owners were present at the meeting and expressed their support for the proposal. F. The improvement would be consistent with improvements on adjacent properties. G. The improvement would not have a detrimental impact on the values of the surroundin� residences. 5. The proposed improvement will result in a decrease in ha.rdcover within the 0-75' setback area from 999 s.f. to 772 s.f.; hardcover in the 75-250' zone becomes 2,410 s.£ The overall hardcover on the lot remains as it exists at 3,384 s.f. 6. The proposed new residence �vill be located 50' from the lakeshore, but behind the avera�e lakeshore setback. While the original request w�as for a 42' setback as revie��-ed by the Planning Commission,Council finds that a 50' setback is consistent with the setback required for the adjacent property;that while the 42' setback would Page 2 of 6 . /%O � � O O �� � C ITY of ORONO b +� I � C~ CY �� G'�/� RESOLUTION OF THE CITY COUNCIL ���9kESH�/ NO. [1. �y. � :'., �_ allow all adjacent homes in the immediate neighborhood to be in line,this would set a negative precedent whereby other neighboring homes miaht be expected to be rebuilt in line at an even lesser setback to the lake, which is inconsistent with the goals and intent of the Comprehensive Plan. 7. Allowing a �0' setback rather than requiring a 7S setback is justified because of drainage problems existing in the neighborhood which would be eYacerbated by placing the applicants home at that setback, and which would place the home in jeopardy. 8. The City Council finds that the conditions existing on this properiy 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and �vould be in keeping �vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the communitv. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Nlunicipal Zoning Code Section 10.22, Subdivision 1 to allow the principal residence to be located�0'from the shoreline�vhere a 7S setback is required;Section 10.22,Subdivision 2 and Section 10.�6, Subdivision 16(L)(1)to allow 772 s.£(20.4%)of hardcover in the 0-75' setback area ��-here 0 s.f. (0%) is allowed and 999 s.£ (26.3%) exists to permit the construction of a new residence on the lot; and a variance to allow 2,410 s.£ (27.2%)in the 7�-2�0' zone where 2,183 s.f. (24.7%) eYists and 2,212 s.f. (2�%) is allo�ved. Approval is subject to the following conditions: Page 3 of 6 , f // O � \ � ���\ ��.�. - ��; C ITY of ORONO '� �, ;;i �� G'�/,%' RESOLUTION OF THE CITY COUNCIL L�SH�/ N0. :�L ��:� '.:� 1. Hardcover improvements shall be limited to the improvements as shown on the site plan included as E�chibit A of this resolution,with the exception that the house shall be located at a setback of 50' from the OHWL. Hardcover in the 0-75' setback area is approved at 772 s.f. or 20.4%, in the 75-2�0' setback area at 2,410 s.f. or 27.2% and 2�0-500' setback area at 202 s.f. or 12.1%. Any further hardcover on the property will not be looked at favorably. Any amendments to the site plan may require further Planning Commission and City Council review. 2. All hardcover improvements scheduled for removal shall be completed prior to the footin� inspection for the new construction. Applicants' contractor shall obtain the required demolition permits for the removal of the principal structure. 3. Authorities granted by this variance run with the property not wzth 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 (June 12, 2001). 4. 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 shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 12th day of June, 2000. ATTEST: �C�i'',�-�2' �' G" �'_.�_ Linda S. Vee, City Glerk Gabn 1 Jabbour, Mayo � � 7 ,, � ��, u operty Owner (s) Page 4 of 6 • , � ��=�� �� O\\ O O \� �ae. - � CITY of �RONO I � � -� �,�� ���'',� �'� / RESOLUTION OF THE CITY COUNCIL \t9 4��'� N 0. �. '�� �kES�H� } °✓ STATE�6�r�1GIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was eYecuted on behalf of the City. ;�� :�:� ,/�� f 9 --,�"" MARY ANN JOHNSON —�—� . 'r � - NOTARYPUBLIC-MINNESOTA Notary P�blic a :,;,,:+ AAy Cart�sion Expires Jan.31,2005 »� - ., �-.�- _._ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Z�t�� day of Jy� �'- , 2000, before me a Notary Public within and for said County, personally appeared ,.l��i�n �� C�e�i��'� a n� �R�� t,ti'� Gel�,�,n r� �•��.P� known to me to be the person(s) described in and who execu ed the foregoin� instnunent, and acknowledged that he (they) eYecuted the same as his (their) free act and deed. _� `�czzc ' ' _��� MARY ANN JOHNSON Notary Pu lic • �'Y NOTARY PUBUC-MINNESOTA � :� �,�,Carrwsion Expires Jan.31.2005 �� �.. ._,� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000,before me a Notary Public within and for said County, personally appeared l:nowr► to me to be the person(s) described in and who eYecuted the foregoing instrument, and ackno�vledQed that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 �iDVi1 NC,� .S'UIt 1�I:�'!NG �k I:I��GINL�LI�ING CO. SJUU ti.ll�vy.Nu. 101 Miunciunkn,AiN 5:,1•IS I'huuc(612)�17�1 77r�•I Pux(G12)�17�1 82G7 �.'"� sv►zveY ro�c: JOfIN GEIIR.ING �`� � ,t� ,tif'��+";� .�.. �� ' � 1 �� -_�— ,i c :' �:� ►4,� 't� , � . . � • �+ � J � �' . . . � . • � ;:��'.. ' SUIIVLYGU: April,2000 DItAI�1'BD:Aprii 10,2000 � � '"'` <.:...'� ,. .�� � � l.i '; , �' .�' t°� � � � F; n �'� •,.,_'-' ... . . �:,.,.. LGGAL DIiSCRIPTION: Tl�c North 50 fcct of Ilio Soulh 100 fccl uf Lol IG,Cof(ac's AJJilion to ShaJywooJ Lukc Minnctonkn, !' ltcnncpin Counly,Minncsoia. y � � . � � , � I,IMITATIONS&N07'GS: ,�/ � J r I. Showing Iho 1cu�Ih enJ dirccllon of bounJary lince of Il�o aUovc Icgnl Jcscription. Tl�c ecopc of C;1 � � our scrviccs docs not Includo ddcnnining w6n1 you own,wl�id�is n lcgal mellcr. 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