HomeMy WebLinkAboutResolution 2847 -,� .
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;,�$, RESOLUTION OF THE CITY COUNCIL
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A RSSOLIITION GRANTING
pARIANCES TO
MUNICIPAL ZONIAG CODE
SSCTIONS 10.55, SDBDIVISION 8,
SSCTION 10.22, SUBDIVISIONS 1 AND 2,
S$CTION 10.25, SUBDIVISION 6(B) AND
SSCTION 10.03, SIIBDIVISION 13
FILE #1539 �
WHER$AS, David Filkins (hereinafter "the applicant") is the
owner of the property located at 3905 Shoreline Drive within the City ,
of Orono (hereinafter "City") and legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHSREAS , the applicant has applied to the City for
variances to Municipal Zoning Code., Sections 10.22, Subdivisions 1 and
2 and 10.55, Subdivision 8 to allow construction of an attached gara9e
within 75' of the shoreline, where no structure or hardcover is
• normally allowed, and a variance to Section 10.25, Subdivision 6 (B)
to allow a side yard setback of 7.5'where a 10' side setback is
normally required, and a front (street) yard setback of 10'where a 30'
setback is normally required, and a variance to Section 10.03,
Subdivision 13 to allow garage doors facing the street to be less than
the required 30' from the property line.
NOW, THEREFORE, B$ IT R$SOLVED by the City Counci 1 of Orono,
Minnesota:
FIPDINGS
1. This application was reviewed as Zoning File �1539 .
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
June 18 , 1990 , and recommended approval of the proposed
variances, on a vote of 4 to 1 with 1 abstention, based upon the
following findings:
a) Applicant is moving the existing detached garage to a
location� within the property boundaries, but will not change
the footprint dimensions of that garage.
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b) The proposed relocation and attachment of the garage
results in a more conforming situation than the current
conditions.
c ) The applicant can concurrently remove existing
hardcover on the property, resulting in a net hardcover
decrease in the 0-75' zone from 53$ down to 46$.
d) While the proposed attachment wil 1 leave the garage only
9' from the neighbors existing detached garage which is also
nonconforming in nature, the attachment leaves a setback
from the neighboring residence structure of 14' , adequate
for fire safety purposes.
e) The majority of the lot is in the 0-75' lakeshore
setback� zone, hence the hardship is that without a variance,
applicant would not be able to locate a garage within the
property boundaries.
• 4. The City Council adopted Resolution #2828 on July 9, 1990
per the site plan recommended by the Planning Commission.
5. After lifting the garage and temporarily placing it within
the proposed location, applicant determined that the resulting
turning radius to enter the garage was not functional , and
� further determined that due to the nature of the existing house
footings, parallel garage footing would place the garage
approximately 1' closer than anticipated to the west lot line,
while still. being attached to the house. The result is a greater
setback to the street (10' instead of 4' ) , a side setback of �7'
instead of 8' , and a lake setback of 34' instead of 40'. These
setbacks will result in no significant change in the effect on
neighboring properties.
6. The applicant further determined that removal of the 89 s.f.
hardcover sidewalk area leading to the main entry door of the
house would not be practical. Without this removal , but with
other proposed removals at the lakeshore side of the house,
hardcover on the property sti 11 wi 11 be decreased from the
existing 53$ down to 50�.
� 7. 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
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b) The proposed relocation and attachment of � the garage
results in a more conforming situation than the current
conditions.
c ) The applicant can concurrently remove existing
hardcover on the property, resulting in a net hardcover
decrease in the 0-75' zone from 53$ down to 46�.
d) While the proposed attachment wil 1 leave the garage only
9' from the neighbors existing detached garage which is also
nonconforming in nature, the attachment leaves a setback
from the neighboring residence structure of 14' , adequate
for fire safety purposes.
e) The majority of the lot is in the 0-75' lakeshore
setback• zone, hence the hardship is that without a variance,
applicant would not be able to locate a garage within the
property boundaries.
• 4. The City Council adopted Resolution #2828 on July 9, 1990
per the site plan recommended by the Planning Commission.
5. After lifting the garage and temporarily placing it within
the proposed location, applicant determined that the resulting
turning radius to enter the garage was not functional , and
� further determined that due to the nature of the existing house
footings, parallel garage footing would place the garage
approximately 1' closer than anticipated to the west lot line,
while still. being attached to the house. The result is a greater
setback to the street (10' instead of 4' ) , a side setback of 7'
instead of 8' , and a lake setback of 34' instead of 40'. These
setbacks will result in no significant change in the effect on
neighboring properties.
6. The applicant further determined that removal of the 89 s.f.
hardcover sidewalk area leading to the main entry door of the
house would not be practical. Without this removal, but with
other proposed removals at the lakeshore side of the house,
hardcover on the property sti 11 wi 11 be decreased f rom the
existing 53� down to 50�.
7. 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
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Cit� o� ORONO
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of the proposed variance on the health, safety and welfare of the
. community.
8. 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 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 app'licant, but is
necessary to alleviate a demonstrable 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, �•the Orono City Council hereby
grants variances to Municipal Zoning Code Sections 10.22, Subdivision
1 and 2 and 10.55, Subdivision 8 to permit tYie relocation of the
• existing garage within the 0-75' lakeshore setback zone where no
hardcover or structure is normally allowed, and grants variances to
Section 10.25, Subdivision 6 (B) to allow a street lot line setback of
10' where a 30' setback i.s normally required, and a side setback of
7' where a 10' setback is normally required, with such structure being
located 34' from the shoreline where a 75' setback is normally
- required, and grants a variance to Section 10.03, Subdivision 13 to
al low a 10' setback for the garage doors facing the street where a 30'
setback is normally required, subject to the following conditions:
1. Applicant shall remove hardcover as shown on Exhibit B
attached, resulting in a reduction from 53$ to 50� hardcover in
the 0-75' zone. Such removals shall occur prior to continued work
on the garage. The applicant is advised that any future proposals
to increase hardcover on the property will not be approved, but
might be approved only in conjunction with concurrent removals of
existing hardcover, resulting in no net increase in hardcover.
2. Applicant shall attach the garage as shown in Exhibit B, and �
shall install � fire walls in the garage as required by the
building code, and shal 1 be al lowed to revise the roof lines as
necessary to eliminate potential roof drainage concerns, subject
to staff approval.
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3. Applicant is advised that any regrading of the driveway area
within the County right-of-way, requires Hennepin County Highway
Department approval.
4. Authorities granted by this variance run with the property
not with the applicant, 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 (August 13, 1991). �
5. 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:
6. The undersigned applicant has 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.
• Adopted by the Orono City Council on this 13th day of
Aug s , 1990.
ATTE T:
0 othy M allin, City Clerk Jam s R. Grabek, Mayor
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P operty er s)
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• RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. The foregoing instrument was acknowledged before me on
this 13th day of August, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
THERE3A L. NAAB � /�
�ARY PUBLIC-MINNESOTA
H�mEpoM 8C08 9T-s s2
� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) •
• On this 13th da of Au ust 1990 before me a Notar Public within
, Y 9 ► Y
and for said county, personally appeared David Filkins, Sole
Owner, 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.
THERE3A L. NAAB ,
NOTARY PUBUC- MINNESOTA �L!C/'"
HENNEPIN COUNTY •
My commisslon expiros e-8-92
NOT RY PUBLIC
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EXHIBIT A
• �� RESOLUTION N0. 2847.� .
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LEG11L DESCRIPTI0�1 : �
1111 Etia t part oC Lot .t , Dlock f3 , Townsi te oE ,/
Langdor� Par)c , described �s follvws : Beginning at
a poinE or� tt�e Nortl� 1.irle oF said Lot 1 , distant
312 . 7G LPet; West oL• t}�e cor. iler oE said Lat. 2 , fvrmeci
by L-}ie intersectivn oE tl�e Westerly line of
Duriwoody 1lvenue wi ttt tlie Sou tlterly line oL• tt�e Coun ty
Road as si�own on ti�e pJ.a t of sa id ToWnsi �e ; thence
deFl�cting to the leEt , deElectiori angle : 73 degrees ,
16 minutes a distance o.E E34 Peet more or less to tlie
sl�vre of Lalce Minrietonka ; tt�ence NorthWes �erly along
. said l�ke s}�vre a disL•ance of 5t3 feet more or lese
Eo a poirit on said lalce st�ore on a line deflecting
� • to the lefL- , deElecL•ivn angle 73 degrees ; 57 minutee �
• L•rom a poi�it on said Nvrtlierly line oE saic3 LoE 1 �
� distat� t G0 . 68 feet Saes � of the point oE beginning ;
Ehence Nvrtheasterly along sa�.d line a d�etance oE �
57 Peet more or less to said Nortli line oE said ;
Lot 1 ; tllence Cast alocig tl�e Nor�ti l�ne oE �aid ;
Lot 1 a. distance �of 60 . 6a Feet to point oE begihnir�g . �
ALL IN -HE?�1NEPIN COUNTY, MINNESOTA. �
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... _. _ _ ..�Prepared �for: � -- --- _
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a � ��ng � LEGAL DCSCRIPTION: _
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� \ • , All that part of Lot 1, Block 8, Townsite' of
Langdon Park, described as follows: Beginning at
�� a point on the North line of said Lot 1, distant
� \ . 312.76 Eeet West oL• the corner of said Lot 2, formed
� � Ckj� �� by the intersection of the �Weaterly.line •of :
� �s�in � �' DunWOOdy Avenue with the Southerly line di the County
_ � S�o .__ � Road as shown on the lat of said TownsiEe; bhence W..
- �: : re�� �. . . deflecting to the left, deflection angle;73 de reea, .
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_ �`.�� � �� - ' _K. . :16 minutea "a�distance"of U4 feet more,or-.less to_the
, ' shore of Lake Minnetonka= thence NorbhWesterly along-
' � \ l . , � said lake shore a disl;ance oE 58 feet more or lees �
� ' z to a point on said lake shore on a�.line deflecting
LL_ - : ; •g, ,, � ,. �� -R,�\ �� -::.to the lefb,.deflection angle _73 �degreesi 57 minutes=
- � --. .� '' , \ from a point'on said•Northerly line of said Lot,1 --�
' � _O� ' � --distant-.b0_68 -feet—West-.of--the-poin��f=-beginningi._ -
HA(Lp COVEP. CAI..C.U�AT�ONSo „ =,� thence Northeasterly along said line a d�stance oE �-
""-"' S7 feet more or less to said North `line of said •-
. ZoniE •:- ,;"HAttot,oveR PER CWt� " .3
Z,o N E ��_ . A R�A - -- �R E A Of w�EA 1�4 E�-. Lot 1; thence East along the North'line of said
, � - • _ ,._Lot 1 a distance of 60.60 feet to`po int of beg i hn ing.
d'-�5' 4191 � -22 t 8 -.- 53% � - - r _.. .;_. - .::�_._ . ,�::. � ; _. .__,�.. :.
• •••• ••• �•• :���•°- • • • � ' - AR�A = 9375 square feet to 929 � contour line
�5'-zso� � ie4 - __ �� :. 89,�� .�_ _ _ .. . ;
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uoTE o All areas base.� �rom 929,4' ��n}�ur G E N E RA L NOTES '.� . � � - �� .
� '- o�� �; '. �_�Denotes iron� monument �-- _ _ _, � -�;;Proposed top of�foundatiort elevation:_ __
. -�'}�� flonnfoc rrncc rhicelori in rnnrrc�o Prnnnca� hncamant fl�nr PIPVfi}I(1r1 =