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Home My WebLink About#3759-variances-1996 T � O� O O ��b..- CITY of ORONO � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. 3 '7 5 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 9(B); 10.03, SUBDIVISION 14(C); 10.22, SUBDIVISION 2; � 10.55, SUBDIVISION 16(L) AND 10.23, SUBDIVISION 5 FILE #2161 WHEREAS, Melissa Easley and James Easley (hereinafter "the applicants") are the owners of the property located at 4105 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit the construction of a new two story garage structure to replace their existing garage, requesting a variance to Zoning Code Section 10.03, Subdivision 9(B) to allow the height of such accessory building to exceed the height of the principal structure, and a variance to Section 10.03, Subdivision 14(C) to allow lot coverage by structures on the property to exceed the 1,500 s.f. allowance by 146 s.f., and a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 16(L) to allow hardcover in the 75-250' lakeshore setback zone to increase from 38.1% to 40.8% where only 25% hardcover is normally allowed, and variances to Section 10.24, Subdivision 5 to allow a 3' side setback where a 10' side setback is normally required, and to allow a 24' street setback where a 30' street setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 7 • . � °� _ 0 0 �b__- C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�� NO. � 7 5 � FINDINGS 1. This application was reviewed as Zoning File #2161. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 19, 1996, and on a vote of 6-0 recommended approval of the proposed variances based upon the following findings: A. The 75-250' hardcover increase from 38.1% to 40.8% is primarily a result of locating the proposed garage more than 20' from the street lot line to allow for off-street parking which is critical in this neighborhood. There is minimal excessive extraneous hardcover which could be removed to mitigate the hardcover variance. The small size of the lot is a significant factor in the need for the hardcover variance. B. The 6' variance to the 30' garage street setback requirement is justified based on the topography of the lot and the need to minimize driveway hardcover while providing an optimum level of off-street parking. C. The garage side setback variance to allow a 3' west side setback is justified based on the hardship of two mature trees which would be jeopardized by construction of a garage meeting the required side setbacks. Further, the proposed location of the garage allow�s for extension of the west wall of the garage to assist in accommodating drainage from the neighboring property along the lot line without negatively affecting applicants' existing residence. D. The 245 s.f. increase in lot coverage, which results in a 146 s.f. overage from the 1,500 s.f. allowed, is primarily caused by replacing the existing 18'x20' garage with a 22'x27.5' garage that includes an interior stairwell in lieu of an outside stairvvay. The justification for the increase in lot coverage is the safer walkway access provided by an enclosed stairway system. Page 2 of 7 �O� � � � ��V'�� d� -� '�� C ITY of ORONO �� ;; �� ~'�/ RESOLUTION OF THE CITY COUNCIL ��SH�� NO. _iS � � A E. The defined height of the proposed garage stnicture is 23'. The defined height of the existing house is approximately 19'. The proposed gara�e structure will not be out of character with the neighborhood, given the topography and varying building styles and heights in the neighborhood. It is noted that if the future concept plan is executed and a future house ' linked to this garage, a future height variance will likely be necessary, since that combined structure �vill likely exceed the 30' defined height limit. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 �vould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighborin� property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivisions 9(B) to allow construction of the two story detached garage structure eYceeding the defined height of the principal structure by 4', and grants a variance to Section 10.03, Subdivision 14(C) to allo�v lot coverage by structures of 1,646 s.f. where only 1,500 s.f. of lot coverage �vould normally be allowed, and grants a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 16(L) to allow hardcover in the 75-250' zone to increase from 38.1% to 40.8% �vhere only 2�% hardcover is normally allowed, and grants a variance to Section 10.24, Subdivision 5 to allow a 3' side setback ��here a 10' side setback is normally required and to allow a 24' street setback where a 30' street setback is normally required, subject to the following conditions: Page 3 of 7 . � �� O O ��b - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� No. 3 'a' 5 9 1. The roof overhang at the west side of the garage shall not exceed 2', such that the drip line shall be no closer than 1' to the property line. 2. Applicants shall adhere to the site plan attached to this resolution as Exhibit A, and any significant changes to that site plan may require additional City review. 3. Applicants are advised to consult with the Building Official regarding the need for design plans for the proposed retaining walls. 4. Applicants are advised to coordinate grading plans with the two adjacent properties which are either undergoing remodeling currently or which have been approved for new construction. 5. Applicants are advised that replacement of the existing house with a new residence structure in the future will likely require lot area and lot width variances, and might require a height variance if attachment to the new garage is proposed. 6. Authorities granted by this variance 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 (September 9, 1997). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 7 ° . � °� . 0 0 ��b. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL t9kESH�g'� NO. � "7 J� 9 Adopted by the Orono City Council on this 9th day of September, 1996. AT ST: . � , ,� � � � . , ;, /� �1 ��,/'J'1,l�Yd � .�,(/ Dorothy M. alli , City Clerk Edward . Callahan;'Jr., Mayor / � � /�_-�\ _—- < __ Prope �vner(s) � , ,� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1996, by Edward J. Callahan, Jr. & 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. f 2 CC�� • ��-� � "�•. LINDA S.VEE No ary Public NOTARY PUBLIC-��IINNESOTA ' ="h:'-,: HENNEPIN COUNTY ��'-�-••° MS�Commission Expires J2n.31,2000 ..�.��-� . ,�'.r Page 5 of 7 ° - � �11�' - O O � ��n _- CITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL t9kESHOS�`'�' NO. Q +y � n STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�fh day of � , 199 G� before me a Notary Public within and for said county, personally appea ed ,-,5� , - � � P� � s/� 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. , ...:�t r-�. •' <�=' ..,. CAROLE A HASEMAN �Q��Q J � �/ ;� �e��.,` � NOTARYPUBLIC-MINNESOTA / Grd��2�[,� � ' '-�', HENNEPIN CQUNTY `-��'� My Canmissbn Expi�s Jan.31,2no0 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �day of � �t , 199� before me a Notary Public within and for said county, personally ap eared �yy�rs ��SIP-� ��arr,�� i�1F/�'ss�l �as/e� 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. °.:��:;•' LINDA S.VEE ! 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