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Home My WebLink About#4749-variances-2002 , -.. �—�\ /i �� . � � O O�� - '� CITY of ORONO � �;';! �� G�% RESOLUTION OF THE CITY COUNCIL \\kESH�/ NO. 4 '�' �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.03, SUBDIVISION 9 FILE NO. 02-2739 `VHEREAS,Thomas Dahlquist and Mary Dahlquist, (hereinafter "the applicants") are owners of the property located at 4070 Dahl Road w�ithin the City of Orono (hereinafter "the City") and legally described as follows: Lot 15, Block 1, Pirates Cove, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, the applicants have applied for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.�6, Subdivision 16 (L) (2)to permit 5,�45 s.f. (27.9% hardcover in the 75-2�0' lakeshore setback where 5,379 s.£ (27.1%)hardcover exists and 5,379 s.f. (?�%) is allowed for a 7'extension to the existing lakeside deck and to connect the deck�vith a 3 '/z' 12�'walkway to a side entrance to the house; and Section 10.03, Subdivision 9 to permit a vaziance • to permit a shed to be located 7' from the side property line where a 10' setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zonina and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2002, 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: FINDIi�'GS 1. This application was reviewed as Zoning File#02-2739. 2. The property is located in the LR-1B, Sin�le Family Lakeshore Residential Zoning District. Page 1 of 5 � 1 " // O ` � � �O O ,, �b - , � ;� CITY of ORONO � '� ti �i \�� ,�i RESOLUTION OF THE CITY COUNCIL � 9 4 / 47 �kESHOj NO. � i� �_� 3. Planning Commission recommended approval by a vote of 5 to 1 to approve the variance to permit additional hardcover in the 75-250'lakeshore setback for a 7'deck extension and addition of the walkway to connect the lakeside deck to a small deck. Planning Commission made the following findings: A. The deck addition would be 3 '/'out from the exterior wall of the house. The roof overhang eYtends approximately 3' from the house. Nearly the entire walkway would be covered with "hardcover" from the roof line. No hardcover is located below the �valkway, thus the total overhead hardcover is virtually equal to the existin� based on the walkway being located below the roof line. B. There is no deck to ground access from the existing lakeside deck, eYcept through the house. The deck is approximately 10' above ground elevation. The walkway would connect to the side entrance and provide exteri��r access and an exit for the lakeside deck. Without the exterior access to the new walkway, safety is a concern. 4. Planning Commission also recommended approval of an after-the-fact variance to permit an existing garage to remain on the property located 7' from the property line where a 10'setback is required. Planning Commission recommendation is based on the follo�ving findings of fact: � A. The lot is very narro�v at the street. B. Relocating the shed further from the property line would move it too close to the existing driveway�. C. The shed �vas located to be as far as possible from view to the adjacent property owner located at 4080 Dahl Road. The neighbor's house is located much further back on the property due to the unusual property dimensions of the two lots. If the shed were required to meet the required 10' setback, the shed would have to be moved further up the driveway and very close in proximity to the neighboring house. Page 2 of 5 i -�� /�� O � � I/O O �b - , � �) CITY of ORONO � � �� G'�' %� RESOLUTION OF THE CITY COUNCIL �9kESH��`�/ NO. 4 � 4 \ _� � D. The shed is located over a rock bed and does not have a permanent foundation. 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 variances will 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 would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findinas and recommendations of the Plannin� Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zonin� Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 5,545 s.f. (27.9%) hardcover in the 75-2�0' lakeshore setback where �,379 s.f. (27.1%)hardcover eYists and 5,379 s.f. (2�%) is allo�ved, for a 7'eYtension to the existing lakeside deck and to connect the deck with a 3 '/z'X 2�'walkway to a side entrance to the house;and Section 10.03,Subdivision 9 to permit a variance to permit a shed to be located 7'from the side property line «-here a 10' setback is required subject to the following conditions: 1. Authorities granted by the variances run with the property not w•ith the applicants,but are permissive only and must be exercised by application for a building permit within one y-ear of the date of Council approval, or these variances will expire on that date (January 28, 2003). 2. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned owners have read,understand 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. Page 3 of 5 ,-—�� /' O�? � � ' V\ �� \ �e - , � j C ITY of URONO a � �� t,'�'� RESOLUTION OF THE CITY COUNCIL \ 9gESH�4�/ NO. 4 `� 4 � �� Adopted by the City Council of the City of Orono, Nlinnesota at a regular meetin� held on the 28th day of January, 2002. ATTEST: p ��.C'�-�r�lJ �� C' ��t � �/�-_J Rachel DodQe, Deputy Clerk �`J Barbara A. Peterson, Mayor >! � � 7 Property Owners � � / STATE OF MNNESOTA COU?�1TY OF HENNEPIN The fore�oina instrument �vas acknowled;ed before me on this 23th day of January, 200? by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument�vas eYecuted on behalf of the City. ,�1 � jJ � otary Pu �-- _�. ..��.y,.�._,.w,, - ; ""-� �,.�. �� I �!C t i' �� ;/ Jrt�,�i7\�L i�DU�iJ �,�, �' -�` `�n�cr,�ov F��uc-nri��v=s�ra ;t �J .;,,;.� �„y Comrr,is;icn Exp;res Jan.31.2005 •�; STATE OF MIi�NESOTA COUNTY OF HEIv'�1EPN The foregoin� instrument was acknowledaed before me on this � fb day of � . a ,200�by Rachel Dodae,City Clerk of the City of Orono,a Minnesota municipal c rporation and said instrument was executed on behalf of the City. -- _ � ��'�{ ,�� %vl'� � r�",A�Y�:;v Jo�!NsoN Notary Pu�b'lic ,, . i � NOiAR'f PUBLIC•f.�iNNESOTA �`�,1 hry Comn'ssion Expirrs Jan.31.2005 Page 4 of 5 //'_�_� /"w O� O� � �O �� - ' CITY of ORONO b" � � �� G'�' RESOLUTION OF THE CITY COUNCIL \��fEgH� NO. � � � � _-- STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of�r Fjruc-f�/ , 20 0� , i�bm4S Cdu,�:�� /� ��,�q v,�,T personally appeared 'oefore me, who is personally kno�vn to me ,� whose identity I proved on the basis of ;u�l ��L whose identity I proved on the oath/affirmation , a credible �vitness and who executed the foregoing instrument, and acknowled�ed that he/she/they esecuted the same as his/her/their free act and deed. � _,=�1iS�M.LESKINEN ��'= � NOTARY PUBLIC-MINNESOTA ' My canrnt�oo�e,�an.s�,zoo5 Notary Public STAT COUI�T�' OF HEIV�TEPI�1 On this I��day of ��bi�iC� �-t , 20 C�, ��c��'�-� �i�� b�� -L'��f ��y'C�r'r iE��( personally appeared before me, J ' who is personally kno�ti•n to me U whose identity I proved on the basis� of a�r�lf�' �� -- �r•hose identity I proved on the oath/affirmation , a credible �vitness and w-ho eYecuted the foregoing instrument, and acl:no�vledged that he/she/they executed the same as his/her/their free act and deed. 1 �Cu i�� J cc,2 c,� _ � y — RACHcI.��'�E Notary Public �� •oT,� .J��'t. N07ARY?on ExPir25,J�, :,�,�.rCS ="�:�; -- Ny Cammi�cs �� - Pa�e 5 of 5