HomeMy WebLinkAboutResolution 2415 . . „ , ..� , :.
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`��� RESOLUTION OF THE CITY COUNCIL
`�. NO. 2415
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A RESOLIITION DENYING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SOBDIVISION 2
FILE NO. 1244
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq.
the City Council of the City of Orono has adopted Zoning Regulations for
the protection of the public health, safety and general welfare; and
WHEREAS, Dale C. Palm (hereinafter "the applicant") is the owner
of the property located at 1710 Shadywood Road within the City of Orono
(hereinafter "the City") and legally described as follows:
That part of Lot 11 lying Southerly of the following described line:
• beginning at the Southwest corner of the North 14' of said lot; thence
South 87 degrees, 27 minutes East to the shore of Crystal Bay, Lake
Minnetonka; and that part of Lot 12 lying Northerly of a line drawn
, parallel with and distance� 71.2 feet Northerly, measured at right
angles from the Southerly line of Lot 13, al 1 in Shadywood an addition
to the County of Hennepin in the Township of Orono according to the
official plat thereof on file and of record in the office vf Registrar
of Deeds in and for said County of Hennepin, Minnesota (hereinafter
"the property"); and -
WHEREAS, the app licant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivision 2 to al low 41 square feet
or 0.6� of existing structural hardcover to remain within the 75-250'
setback area and 1,445 square feet or 14$ of non-structural and structural
hardcover to remain within the 75-250' setback area, such hardcover areas
were originally scheduled for removal as a condition of approval of a
previous variance application approved by the Council on March 10, 1986 and
set forth in Orono Resolution No. 1936; and
WHEREAS, the City Council has reviewed the written reports by the
City staff; the unanimous recommendation of the Planning Commission; and
the written and oral comments of the applicant and legal counsel.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orono hereby denies Dale C. Palm's app lication for variances as proposed
for the property described above based upon one or more� of the fol lowing
• findings of fact concerning this property:
Conclusion of Findings of App lication #1006 and Current Application
l. This application was reviewed as Zoning File #1244 .
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2. The property is 16,840 square feet in area or 0.39 acres and has
an average width of approximately 90 feet.
3. The City reviewed an earlier application, reviewed as Zoning File
#1006, that involved setback and hardcover variances allowing a
structural addition within the 0-75' setback area and additional non-
structural• and. structural hardcover within the 75-250' setback area.
4. Orono Resolution #1936, the resolution that approved the variances
sought in Application #1006, listed the following findings as reasons
for granting approval:
a ) The applicant proposes to remove existing structural
hardcover in the 0-75' lakeshore setback area so that the net
� increase in the 0-75' setback area is 50 square feet or 0.7�.
Council granted approval of new structural expansion within the
• 0-75' setback area based on that condition. .
� � � � � b)� The attached garage, extended driveway and backup apron can
, be constructed such that hardcover will not exceed 30$ in the 75-
250' setback zone.
Council granted approval of the new attached garage addition
within the 75-250' setback area because it was to replace an
� existing garage scheduled for removal. The additional hardcover
created by the expanded driveway was to be matched with the
removal of existing driveway area adjacent to Shadywood Road.
Council based their approval of the improvements on the matching
removal of existing hardcover.
c) The existing detached garage is located 2 feet from the north
side property line and 4.7 feet from the Shadywood Road right-of-
way and is considered a non-conforming structure.
d) The City found no adequate hardships presented to justify
granting of a hardcover increase in the 0-75' setback zone and
. . : ; .applicant agreed to� remove existing structural and non-structural �
hardcover within the 0-75' setback area to off-set the increase
proposed with the additions. .
Applicant never suggested any problem with removing the existing
• hardcover at the time of the first review.
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5. Applicant has cited in an addendum included with the current
application, referenced as Exhibit A, the following reasons why he
feels the hardcover scheduled for removal must remain:
a) Applicant's builder advised that applicant could seek an
amendment of the original conditions of the approving resolution
at some point in the future and that after he had lived in the
house for a year he realized how essential those improvements
were to the use and enjoyment of the house.
Applicant had received all notices of the Planning Commission and
Council action after each meeting and was fully aware of the
• intent of the City regarding this application. Applicant had
signed off on the resolution agreeing to the removal of the_
specific areas of hardcover.
b) Applicant claims that it would create a safety hazard to
remove the additional paved area adjacent to Shadywood Road and
that it provides additional on-site parking.
The City has provided the applicant with a turn-around on his
property, thereby eliminating the need to back out onto Shadywood
Road. Additional parking for visitors or guests can be provided
within the grassed areas of the property.
c) Applicant contends that the detached garage is desparately
needed for storage and that it must remain.
Once again, it would appear �that the applicant entered into an
agreement with the City without any serious thought as to the
consequences. A larger, improved house and the detached garage
would create a cluttered and densely developed look in comparing
current pattern of development within the neighborhood.
d) Applicant claims the bulk-head door/storm door shelter is
needed for emergency access to the house and for certain repair
and maintenance activities. This structure consists of 41 s.f.
• of hardcover. The applicant advises that 52 s.f. of hardcover
approved for new construction was never realized.
6. At the Planning Commission meeting of February 16, 1988, the
Planning Commission voted unanimously to deny the current app lication
based on the following findings:
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• RESOLUTION OF THE CITY COUNCIL
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a) Applicant participated throughout the entire review and
received notice of all final action culminating in the signing of
a formal resolution whereby applicant agreed to make the
necessary removals.
b) The total variance of 43� hardcover within the 75-250'
setback area is excessive for this size property and would not be
consistent with previous Council action with similar
applications. .
c) The app licant has not presented adequate hardships to satisfy
the current hardcover application.
7. The property at its present level of hardcover does not conform to
the current development pattern of the neighborhood.
8. The granting of the hardcover variances now proposed by the
applicant would set an adverse precedent and limit Council ' s
consideration of similar applications in the future.
• 9. The intent of this application is contrary to the objectives and
� goals of the Orono Comprehensive Plan.
10. The values of adjacent properties will be adversely affected if
the detached garage structure is allowed to remain on the property.
11. To approve the application as proposed, the City would be asked
to approve a total hardcover variance of 43$ within the 75-250'
setback area. Such an action would establish a negative precedent in
the future development of the LR-1C zoning district, the standards and
intent of both the City Zoning Code and Community Management Plan
would no longer have any effect if the City establishes a precedent of
approving variances in what could be labeled "after-the-fact".
12. The granting of the required variances will result in the
following violations of Section 10.08, Subdivision 3 (A) of the zoning
code of which the applicant must first comply before the requested
variances can be gzanted:
a) In review of the factua 1 f indings noted above, the City f inds
that the essential character of the neighborhood will be altered
if the proposed variances were granted and the hardcover allowed
to remain.
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� (�� � RESOLUTION OF THE CITY COUNCIL
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• b) In review of the factual findings noted above, the City
finds that the property in question can indeed be put to
reasonable use if used under conditions allowed by official
controls. The City has already approved substantial increases of
hardcover to allow ,the applicant to improve the property and
applicant can continue to reasonably enjoy that property.
c) In review of the factual findings noted above, the plight of
the applicant would appear to have been created by the applicant
and not by circumstances unique to his property. Applicant has
not provided additional information that would suggest the
circumstances have been altered from the first review.
d) In review of the factual findings noted above, the City would
find that the granting of the proposed variances would appear to
serve as a convenience to the applicant and that the applicant
. has not provided a demonstrable hardship or difficulty that the
City can accept.
• e) In review of the factual findings noted above, the City finds
that to establish a precedent that would al low a property owner
to make improvements to. a property conditioned on that property
. , owner complying with special directives and then asking the City
to reconsider their original decision after those improvements
have been instal led to be completely unreasonable and in complete
conflict with the established environmental standards for
. lakeshore development within the City and to be detrimental to
the public health, safety and welfare. The City also looks to
the broader environmental principals and goals set forth in their
Community Management Plan and the intent of the specific zoning
district when dealing with matters related to the public health,
safety and welfare. Issues involving the public health, safety
and welfare are not only resolved in securing the obvious traffic
and drainage concerns surrounding but the City also feels
obligated to provide its citizens with a designated and approved
optimum level of density, open space and quality of life.
13. Denial of the required variances does not constitute the taking
of property or loss of substantial value because the property has
always been used and enjoyed as a residential building site, all of
which has served as required area, yard and open space for the
existing residence.
14. The applicant has not introduced any evidence contrary to any of
• the above findings of fact. The applicant has claimed only that the
property would be of greater value and use to him if he were allowed
to maintain the current level of hardcover.
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RESOLUTION OF THE CITY COUNCIL
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Applicant is hereby advised that all structural and non-
structural hardcover scheduled for removal as a condition of Orono
Resolution No. 1936 must be completed by June 1, 1988. Applicant is
further advised that the structural hardcover referred to as a bulk head
door can remain resulting in a total of 17.3g hardcover within the 0-75
setback area and that the 15'xl5 ' apron approved in the original
application can be relocated providing greater maneuverability on the
property but in no case shall the hardcover within the 75 feet to 250 feet
setback area exceed 29 percent.
Adopted by the City Counci 1 of the City of Orono this 25th day of
April, 1988.
ATT .
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thy M. llin, City Clerk �Jame R. GrabeR�--Ma�'or
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