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Home My WebLink About#3686-variances-1996 , � � � O ' V O O �AA. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH04� N0. � �, :V� _ A RESOLUTION GRANTING �'ARIANCES TO �IUNICIPAL ZO:�'ING CODE SECTION 10.�fi, StiBDIVISION 16 (C) FILE #2110 �'�'HEREAS, Robert J. Dayton and Joan I,. Day�ton (hereinafter "the applicants") are o�-.cners of the property located at 246� French Lake Road �vithin the City of Oronu ihereinafter "City") and legall`� described as follows: Lots 1 and 2, Block l, and Outlot A, Johnston's Frenc�i Lake Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and �VHEREAS, the applicants have applied to the City for variances to Municipal 7_oning Code Section 10.56, Subdivision 16 (C) to permit the construction of two adclitions to tlie south or lake side of the existing residence totalling approximately �46 s.f. of new principal structure. The 7.8'�12' family room e�cpansion will be located 88' from the shoreline where a 1�0' setback is required and the approximate 23'x12' three season porch will be located 86'�� fron: the shoreline ��here 1�0' setbacl: is required. 10«', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application ��as revie��ed as Zoning File #2110. 2. The propem� is located in the RR-1B, Sin�le Family Rural Residential ZoninQ District requiring 2 acres in area. Z'he property is also located withii� the shoreland area of a I�'atural Environment Lake and subject to additional Shoreland ReDulations. Pa;e 1 of 5 � , � O ' V O O ��..- CITY of OR4N0 � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � N O. �' '�t 9kESHOg' � ' � 3. The Orono PlarLnin; Commission re��iewed this application on February 20. 1996, and recoinrriended unanimous approval of the proposed variance based upon the follo��ing unique findings and hardships: .A. The home was built prior to the Shoreland Regulations approved by the City in 1992. The structure was built in 1983 through 1984. B. The oriQinal residence structure conformed to all pertinent Shoreland Re�ulatioris at that time. , C. The entire resider.ce stntcture is located �vithin the 7�-150' sPtback area •,vhere no structural improvements are allowed. Tlie entire structure is nonconforminb. D. Based on peninsula shape of the Dayton property and as a result af the ne«� Shoreland Regulations that redefined what was once a wetland to a I�Tatural Environment Lake, the majority of dry building area is unbuildable. E. The improvements will not result in new hardcover as all additions or expansions will be placed over existing structure or deck. F. Applicants have legally combined Lots 1 and 2 to offset any hardcover -- excess within the 75-2�0' setback area. G. Hardco��er within the 7�-2�0' setback of combined Lots 1 and 2 is 18,97� s.f. or 13.4%. The proposed improvement will not result in an increase in hardcover �vithin the 7�-2�0' setback area. H. The applicants cannot expand upon their residence without first obtainin� a variance as a result of the ne�v Shoreland Regulations. Pa;e 2 of 5 .. w r O I O O a�: - CITY of ORONO � � , �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH0g'� N O. g '�� e':- . I. The propert�� is unique based on the irre�ular or peninsula sl�ape and tlle fact that a recent ordinance ainendment has reclassified 6,444 s.f. of residence structure nonconforming requiring special consideration. 4. The City Council finds that the conditions eYisting on this propem- are peculiar to it and do not apply generall�� to other property in this zonin� district: that grantinQ the ��ariance would not adversely affect traffic conditions, liaht, air nor pose a�fire hazard or other danger to nei�hboring property; �vould not merely serve as a convenience to the applicants, but is necessar}� to alleviate a demonstrable hardship or difficulty; is necessary� to pi•eserve a substantial pruperty right of the app?icant; and would be in keepin; with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. �. The City Council has r.onsidered this applicatioii including the tindin�s and recommendations �f the Plannina Commission, reports by City staff, conunents by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. COl�'CLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby �rants a variance to ��lunicipal Zoning Code Section 10.�6, Subdivision 16 (C) to permit construction of a family room addition granting a 62' or 41.3% setback variance and a three -- season porch addition grantin� a 64' or 42.6% setback variance, subject to the follo�vin� conditions: 1. Applicants shall file a lot line rearranaement of the shared lot line between Lots 2 and 3 so that detached garaae shall be totally located within Lot 2 and that structure ��ill meet required side yard setback of 10'. Applicants shall also obtain a penalty building permit for detached garage. ?. Authorities granted by .this resolution run with the property not w'ith 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 �vill expire on that date (March 11, 1997). Page 3 of 5 w ♦: � O� O O �b: - , C ITY of ORONO � � �� '� RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. c`� � � ::; _ ;. �'iolation of or non-compliance «�ith any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automaticall}' terminate any authorit�� aranted herein, and shall re punishable as a misdemeanor. 4. The undersiQned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assi�s, hereby aaree to the recording of tlus resolution in the chain of title of the property. Adopted by the Omno City Council on this llth day of �?arch, 1996. A EST: � • --__ �� D othy . . llin, City Clerk Gabriel abbour, Acting I��yor Vi2 Property O«- er(s 1 -- STATE OF �11N�ESOTA ) ) ss. COUNTY" OF HEI�TIEPIN ) T'r�e foregoina instrument was ackno��ledged before me on this 11 th day of �larch. 1996, bv Gabriel Jabbour & Dorothy M. Hallin, Acting Mayor & City Clerk of the Cin� of Orono, a i��linilesota municipal corporation and said instrument w�as executed on behalf of the Citv. ,� (/�� .".�. LINDA S.VEE NOUwvPuet�C-MINNESOTA Not ry Public e,� :'-,.' HENNEPIN COUNTY `,••••° My Commission Ezpires Jan.31,2000 Page 4 of� � o� 0 0 'A. - C ITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL t9kESH�4� NO. e� e� � `; � STATE OF i�IINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 16th da�� of April , 199 6 before me a Notary Publicwithinandforsaidcounty,personallyappeared Robert .T. & Joan L. Dayton, husband and wife known to me to be the person(s) described in and who executed the foregoina instrument, and acknowledjed that he (they) executed the same as his (their) free act and deed. it /::��v,�!. c��. • I'� ,� N�.T�► ��If. � ��r.':11)� � ,�,,� , +��;) ��r: �� ,; ��; �� EXPi'�ES � ��: -- - � �r i�_ •��i JA,�,UARY 3t,�uJ: I �.,,,,r,A,�,�,,,�,,,,,,,,,r„w,,�,�,,;� NOTA�Y P STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �• On this day of , 199_ before me a Notary Public within and for said counry,personally appeared known to me to be the person(s) described in and who executed the forejoin� instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 �