HomeMy WebLinkAboutResolution 2878 j ��
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Clt o� ORONO
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2878
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A RESOI�DTION DENYING
VARIANC$S TO
-� MUNICIPAL ZONING CODE
, SECTION 10.22, SIIBDIVISIONS 1 & 2 AND
S$CTION 10.55, SIIBDIVISION 8 AND
DENYING A CONDITIONAL IISE PERMIT
PER SECTION 10.03, SDBDIVISION 19
FILE #1552
�WHER$AS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota;
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WHEREAS, pursuant to State Statute 412 et. seq. and 462
� et. seq., the City Counci 1 of the City of Orono has adopted
zoning regulations for the protection of the public health,
safety and general welfare; and
WHER$AS, Renee & Steven Foster (hereinafter "the
• applicants") are the owners of the property located at 1800
Shadywood Road within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 21, Shadywood, Hennepin County, Minnesota (hereinafter
"the property"); and
` WHEREAS, the applicants have applied to the City of
Orono for variances to Municipal Zoning Code Section 10.22,
Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to a11ow
construction of �retaining wa11s and additional hardcover in the
0-75' lakeshore setback zone where no structure or hardcover is
normally allowed, and for similar construction of walls and
hardcover in the 75-250' zone in excess of the 25� hardcover
normally allowed in that zone, and requesting a conditional use
permit per Section 10.03, Subdivision 19 to allow excavation in
the 0-75' lakeshore setback zone where no excavation is normally
allawed; and ,
WHEREAS, the City Council has reviewed the application,
the recommendations of the staff and Planning Commission, and the
comments and written statements of the applicants. .
NOW, THEREFORE, BE IT RESOLV$D that the City Council of
Orono, Minnesota hereby denies the application as described above
based upon one or more of the following findings of fact
• concerning this property:
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� Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� �NO. 2878 � '
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FINDINGS
� l. This application was reviewed a�. Zoning File #1552.
� 2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District, and contains a lot
area of 15,474 square feet or 0.36 acres.
3. The property was the subject of a lot width area
variance in 1985. Conditions of that variance limited the
property to -25$ hardcover in the 75-250' zone. A site plan
was submitted which met those conditions and the house was
constructed. The purchaser of the new house, James
McNaughton, requested additional hardcover to make the
� driveway functional. A further variance was granted to
allow up to 35$ hardcover via Resolution #1908 on January
13, 1986.
4. A review of the hardcover on June 1990 indicates that
• the existing hardcover in the 75-250' zone is 40.5�, in
excess of that which was allowed by Resolution #1908. The
applicants currently propose to increase hardcover from
40.5� up to 42.7$ in the 75-250' zone where only 35� was
allowed, and �increase from approximately 0.3� to 2.3� in the
0-75' zone where no hardcover is normally allowed.
5. The applicants have not added any hardcover to the
property since they purchased it from the previous owner.
6. The Orono Planning Commission reviewed this variance
request on June 18, 1990 and voted 6-0 to recommend denial
based on the following findings :
A. No adequate hardship was given to justify further
increases in hardcover above that which was previously
approved for the previous owner.
B. No adequate hardship or justification was given for
the proposed grading work in the protected 0-75' lake-
shore setback zone.
7. In reviewing the site plan, Cauncil finds that plans
could be revised so that the proposed patio could feasibly
be constructed on the property without excavation or
• - hardcover in the 0-75' protected lakeshore setback zone.
Further, the Council finds that because the driveway was
constructed in excess of the driveway hardcover previously
approved, no additional hardcover is justified without
removal of a11 excess portions of the driveway.
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„ Cit� of ORONO :
• ...yh ,
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RESOLUTION OF THE CITY COUNCIL .
, �:.• :,, NO. 2878 . ,
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8. The applicants have failed to demonstrate adequate
hardships to justify granting of the variances, and have
failed to meet the following basic tests for hardship:
A. The property in question can be put to a reasonable
use and is being used generally under the conditions
allowed by the official controls as a single family
residence.
B. If granted, the variance will alter the essential
character of the locality by creating additional hard-
cover and structure in the 0-75' lakeshore setback
zone, in direct conflict with the intent of the code to
• prohibit all land alteration within that protected
area. �
C. The code requirements applying to the proposed
construction and land alteration are not peculiar to
this property but apply generally to all other
lakeshore properties in the LR-1C zoning district.
• D. The granting of the application is not essential
for the preservation and enjoyment of a substantial
` property right of the applicants.
E. The granting of the variance wi 11 serve mere ly as a
convenience to the applicants and is not necessary to
alleviate a demonstrable hardship or difficulty.
9. The proposed excavation and retaining walls in the 0-75'
setback zone are not necessary to preserve the lakeshore
bank, but are merely provided for the convenience of the
property owner.
10. The land alterations within the 0-75' lakeshore setback
zone conf 1 ict genera 1 ly with the principa 1 s and goa 1 s set
f orth in Orono's Community Management P lan f or protection of
lakeshore areas. . '
Adopted by the Orono City Council of the City of Orono
on this 24th day of September, 1990.
�AT ST:
• , • �
othy Ha11in, City Clerk Jam s R. Grabek yo:r
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Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL .
� • NO. 2878 .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 24th day of September, 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.
c
Notary Public
_ % NO'ARE PUB C`�MINAE OTq
HENNEPIN COUNTY
My oommisslon explroa 8-8-92
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