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Home My WebLink AboutResolution 2462 . . � �;^ - � � F s�:..,; d _ Cit o� ORONO �� ,. 3' • i�.��Y . .. • �`�; �'� R�SOLUTION OF THE CITY COUNCIL �� NO. 2462 �.� • • ' • A RESOLIITYON GRANTING . .� A VARIANC$ TO MONICIPAL ZONING CODE � SECTION 10.22, SDBDIVISIONS 1 S 2 AND SBCTION 10.55, SDBDIVISIOIQ 8 FILE #1288 WH$RSAS, Ward E. Edwards (hereinafter "the applicant") is the owner of the property located at 2474 Carman Street within the City of Orona (hereinafter "City") and legally described as follows: Lot 11 , Block 6 , Townsite of Langdon Park (hereinafter "the property"); and WHSR$AS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 10.55, Subdivision 8 to allow the construction of a new home located partially within the 0-75' •I.akeshore setback area where no structures are allowed, and requesting a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.8$ in the 0-75' setback zone at the building site, ; where no hardcover is allowed and to allow 3.380 square feet of hardcover � or 30.0� in the 75-250' lakeshore setback zone at the building site, where ` only 25$ hardcover is normally allowed, and is requesting a variance to the : average lakeshore setback from the lagoon or north side of the building '� site. � j� NOW, THBRBFORE, BE TT R$SOLV$D by the City Council of Orono, 'i Minnesota: .� FINDIN�S ,� , . .� 1. This application was reviewed as Zoning File �1288. � 2. The portion of the property to be used as a building site is •�; located in the LR-1B Single Family Lakeshore Residential Zoning ` District, and the portion of the property north of the lagoon is zoned m LR-1C-1, One-Family Lakeshore Residential Subdistrict. Y . � 3. Resolution #1838 adopted by the City Council on August 26, 1985 :� � approved the proposed variances based on • specific noted findings and subject to specific noted conditions. The applicant never started � construction pursuant to the variance, and the variance expired on .� • August 26, 1986. On May 13, 1988, the applicant applied to renew the � variances . previously granted, with no changes from his original 3 request. `� Page 1 of 5 �- t; ,s ��`a . . ;,'' . � � : � c�t� o� oR,oNo • r� _. "�'';:� R�SOLUTION OF THE CITY COUNCIL ;� � • NO. 2462 �� ' • • ` 4. The Orono Planning Commission reviewed this application on June 6, 1988, and recommended approval of the proposed variances based upon the following findings: A) No lot width variance is required since the 125' lot width meets 80$ or more of the 140' requirement. :B) .� A number of inethods can be used in determining the actual percentages of hardcover on the property: 1) Based on crediting only the land at the building site, � the 0-75' hardcover proposed is 2,960 square feet or 15.8$ and in the 75-250' zone is 3,380 square feet or 30.0$. 2 ) Based on also crediting the northersy portions of the property for the hardcover calculations, 0-75' hardcover is 2,960 square feet or 10.5$ and in the 75-250' zone is 3,380 • square feet or 10.2.$. . 3) Based on calculating 0-75' and 75-190' from the lagoon, only crediting the building site, and with drainage all • ' directed to the lagoon, 0-75' lagoon setback hardcover is ' 14.9� (al 1 existing driveway), in the 75-190' lagoon setback � is 34.4$, and in the lakeshore 0-50' setback is 0�. � C) Applicant should not be penalized for the existing ,driveway � hardcover in the lagoon 0-75' zone, and in fact his driveway :; proposal minimizes the additional driveway hardcover required. _� 'I D) The neighbors' request for the lakeshore setback and average � setback variances to allow for the least disruptive sightlines, � to maintain uniformity, and the capability to direct all drainage over 100' of relatively f lat lawn area, justify the granting of a ;i • variance to the lakeshore setback. � E) The unique characteristics of the property i.e. the proposed _� building site separated from the rest of the property by a � lagoon, constitute a valid hardship to the property. F) The variances can be granted without permanent crediting of lot area north of the lagoon. ' - � 5. The City Council in reviewing this parcel finds that the property r�•� • taken in its entirety�, including area north of the lagoon, meets or � exceeds the 1 acre lot area requirements for the LR-1B Zoning � District. � :.� Page 2 of 5 ` ,� , �.� :� , . 'x Y 5 j��:� d C�t o� ORONO • .�J � ,_:; � RESOLUTION OF THE CITY COUNCIL � NO. 2462 � � ' � � � . 6. 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. 7. The City Council finds that the conditions existing on this property are peculiar to it and cto not apply generally to other � � ; property in this zoning district; that granting the variance would "not �� adversely affect traf£ic 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. . CONCLDSIONS, ORDffi2 AND CONDITIONS • Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivision 1 and 10.55, Subdivision 8 to al low the construction of a �new home located partially within the 0-75' lakeshore setback area where no structures are allowed, and grants a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.8$ in the 0-75' setback zone at the building site, where no hardcover is 3 0� in the 75-250' allowed and to allow 3,380 square feet of hardcover or 0. �I ` lakeshore setback zone at the building site, where only 25� hardcover is , normally al lowed, and grants a variance to Section 10.22, Subdivision 1, to j allow encroachment on the average lakeshore setback from the lagoon (or � north) side of the building site, subject to the following conditions: � 1. A1 1 drainage from the proposed house must be directed toward the i lagoon to gain the maximum possible infiltration time and distance. 2. A site grading plan must be submitted for staff approval prior to issuance of a building permit. 3. Applicant is placed on notice that future additions of hardcover at the building site will not automatically be approved and would likely be subject to removal of equivalent amounts of existing hardcover. • � 4. Lowest floor elevation must be 932.5 MSL or higher. • • �� Page 3 of 5 � � � ' . . � ' . . - .. .. . � d c�t � o� oR,oNo � • � '�;:;;;':'� RESOLUTION OF THE CITY COUNCIL __ ` '� NO. 2462 �� ' • • ': . 5. 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 (June 27, 1988) . � • 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation cif the zoning code, shall automatically terminate any authority granted herein, and shal 1 be punishable as a misdemeanor. 7. The undersigned applicant have 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. � q Adopted by the Orono City Council on this 27th day of June, 1988. � • y y ATT T: . ; • � ' " �'.I 4.� - r�" /' � orothy M allin;�' City Clerk James R. Grab ", Mayor t Edward J. Cal ahan, Jr. , Acting Ma or ,, 7 � � Property wner(s) , � 1 �� . � . - � f � � � � �' � � , , - �.� Page 4 of 5 . � ; � � � i • 1 . .. ��:��d Clt o� ORONO ,.�:� . 3' • � . .�'y�i �Nf - 'C{:i',h. . :�` R�SOLUTION OF THE CITY COUNCIL ,��;:� � NO. 2462 . .>•�..� � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this- � � day of , 198� before me a Notar Public with�i.n and for sa' 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. x - R � MARLYS l.BRYANT NOTARY PUBL • NOTARY PUBLIC—MINNESOTA ' _ HENNEPIN COUNTY —My Commission Expires lune 9,1996 • . � . �-9- �� • MY COMMISSION EXPIRES � STATE OF MINNESOTA ) � _. )ss. COUNTY OF HENNEPIN ) On this � � day of , 19871, before me a Notary Publ 'c w thin and for s id County, personally appeared �. �� known to me to be th$ _-- 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. " o� �2.� A t''"� ��'�Y�M NOTARY PUBL ',�`.��p�(`,-�MINNESOTA � �piN COUNT`� . . My Com��P��S�une 9,3988 � � x _ ___ -- � --y�-9� � , � • . MY COMMISSION EXPIRES Page 5 of 5