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Home My WebLink About#4661-variances-2001 . � ;;��_� /� ' Y ,/�O o , � �,. - '�' C ITY of ORONO i ,,, ��,,I �� ,'�'%'� RESOLUTION OF THE CITY COUNCIL \L`9�f pg'�'� NO. � � � �. �S� � A RESOLUTION GRANTING VARIANCES TO �IUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1; SECTION 10.�6, SUBDIVISION 16 (C) (6) AND SECTION 10.2�, SUBDIVISION 6 (B) FILE NO. #01-2668 ��HEREAS, Kurtis Manley, of i�lanley Brothers Construction, (hereinafter "the applicant") is owner of the property located at 1973 Fagerness Point Road within the City of Orono (hereinafter "the City") and is legally described as follo��s: Lot 7, Fagerness, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, after due published notice and mailed notice in accordance ��ith Minnesota Statutes and the City of Orono ZoninQ and Planning Codes, the Orono Plannina Commission held a public hearina on May 21, 2001, at �vhich times all persons desiring to be heard concernina this application�were given the opportunity to speak thereon; and `VHEREAS, the applicant applied to the City of Orono for variances to i�lunicipal Zoning Code Section 10.22, Subdivision 1 and Section 10.�6. Subdivision 16 (C) (6j to permit an addition of two dormer �vindows constituting an eYpansion of the buildinQ envelope of the house �vithin the 7�' setback to the OHWL of Lake I��Iinnetonka and an encroachmznt into the average lakeshore setback; and variances to Section 10.2�, Subdivision 6 (B) to permit replacement of a deck and 3' hand railing above the detached garage within a required street setback 2' from the front property line ��-here 30' is required and 6' from the side propem� line �vhere 10' is required. NO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application ��as re��ie�ved as Zoning File �01-2668. 2. The property is located in the LR-1C (`/� acre) One Family Lal:eshore Residential Zonin� District. Page 1 of 4 , + ,==0 \ �:� .�,.\ 0 0��;, �d - , �;,; CITY of ORONO ,a �,� �� ,��i RESOLUTION OF THE CITY COUNCIL ��kESH� NO. 4 s s �. _— 3. The Orono Planning Commission revie��ed this application on I�1a}� 21, 2001 and recommended approval on a vote of -� to 0 for �ariances based upon the follo�ving findin�s and hardships: A. The proposed dormer window e�pansion «-ould not increase the use of the property, nor have an impact on the vie«�s from adjacent residences. The house was constructed prior to the adoption of the current zonin� ordinance. B. The previous deck was remo��ed from the aaraQe by the applicant to allow replacement of the roof belo« the dec�:. � C. The deck railing would be replaced to a similar character and sri�le as the deck that was voluntarily remo��zd b�� the applicant. D. The garage is built into a hillside. .�ccess to the deck is e�en ��ith the grade located to the rear of the QaraQe. No stairs are required to the roof of the Qarage. The railing would be required for safety since access to the roof is not restricted. The ��ariance w-ouid allow a deck and railin� to be located 2' from the street property line and 6' from the side lot line. I�To e�pansion to the previous use of the structure is proposed. The garage �vas constructed prior to the adoption of the current zonin� ordinance and is a leaal non-conforming structure that has not reached the end of its useful life. The hill side and size of the lot �vould make construction of a new �araae further from thz street difficult. E. In the early 1980s the Council appro��ed a ��ariance to permit the garaae to be refurbished in its existina location. T«-o primary conditions �vere placed on that appro�al. One�the Qara�e ��-ould have to be reduced in size and cut back to meet a ?' setback�to the street, and secondly, the garaje would have to be rebuilt «�ith a flat roof to not block the vie�v of the lake from the neighboring residence. Those conditions ��ere carried out. �. The Citv Council finds that the conditions e�istinQ on this property are peculiar to it and do not apply generally to other propert�- in this zoninQ district; that grantin� the variances would not adversel�� affect traffic conditions. light, air nor Page 2 of 4 `� , � i'0�\ %��' �\��, �O � O�`�� - �� CITY of ORONO a \`� � �� ,'��i RESOLUTION OF THE CITY COUNCIL �\��kESH�j�� N O. 4 G G � \�=� pose a fire hazard or other dan�er to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and «-ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application includin� 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 communitv. CONCLUSIONS, ORDER A\"D CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.�6, Subdivision 16 (C) (6) to permit an addition of two dormer �vindo�vs constituting an expansion of the building envelope of the house within the 7�' setback to the OHWL of Lake Minnetonka and an encroachment into the average lakeshore setback; and variances to Section 10.2�, Subdivision 6 (B) to permit replacement of a deck and 3' hand railina abo��e the detached garage w�ithin a required street setback 2' from the front property line where 30' is required and 6' from the side property line where 10' is required, subject to the follo��in� conditions: l. Authorities granted by this variance run «�ith the property not �vith the applicant, but are permissive only and must be exercised by application for a buildin� permit ��•ithin one year of the date of Council approval, or this variance will expire on that date (June 11, 2002). 2. Violation of or non-compliance with anv 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. 3. The undersi�ned applicant has read, understand and hereby aQrees to the terms of this resolution and on behalf of himsel£ his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 4 � �� \ ,-� � � O�\ \ �O O\\�� b - 1�, C ITY of ORONO I � �, ;,; \�� 4 �,'�'�' RESOLUTION OF THE CI Y C UNCIL `��`9$E Hp4'�'� N O. 4 � � � �� Adopted by the City Council of the City of Orono, �finnesota at a reQular m�eting held on the l lth day of June, 2001. � �T1�EST: �� ' G :� � � ��.-�� :�- ,�:--_ L nda S. Vee, City Clerk Barbara A. Pet rson, Mayor — Property O�vner (s) �,. ,, � S�TATE OF �1II�'I�iESOTA ) ��ivlS�M.LESKINEN � • NOTARY PUBLIC-MINNES�TA ss. ��p�y�an.31,2005 COLT:�TY OF HENNEPIN ) The foregoing instrument w•as acknowledged before me on this 1 lth day of June, ?001 bv B��rbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a �Iinnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF �1Ii�1NESOTA ) ) ss. COUiv'TY OF HEIVNEPIN ) On this ao-�dav of , 20a/ before me a Notar�� Public ��ithin and for said count��. personally appeared __��RTis MA-�J[.EV known to me to be the person(s) described in and ��ho executed the foregoinQ instrument, and acknowledaed that he(the��) executed the same as his (their) free act and deed. � DENISE NL LESKINEN ��-�� Notary Public M�r Cpm�ion Expi�+es.�en.31,Z005 Page 4 of 4 ,