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Home My WebLink About#4751-variances-2002 � � � j�� O�_\? , � ' V O O \ �� - � CITY of �RONO �, ti l� � G�' RESOLUTION OF THE CITY COUNCIL �kEsx� No. 4 7 � `a _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C) (6); AND SECTION 10.03, SUBDIVISION 9 (E) FILE NO. 02-2742 WHEREAS, Douglas Smith and Roban Smith, (hereinafter "the applicants") are owners of the property located at 4195 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lots 26, 27 and 28, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.�6, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback for a 10' addition to the principal residence for additional living space to include the kitchen, mud room and bedrooms, and a variance to Section 10.03, Subdivision 9 (E) to permit an addition to the detached garage located 9' from the street property line, where a 15' setback is required; and `VHEREAS, after due published notice and mailed notice in accordance �with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearin� on January 22, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1�linnesota: FINDINGS 1. This application �vas revie�ved as Zoning File #02-2742. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. Page 1 of 6 , ' �► � �--- � O� • O O �,. CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��s�oj rvo. a 7 0� � 3. The Orono Planning Commission reviewed this application on January 22,2002 and recommended approval of variances by a vote of 6 to 0. 4. Planning Commission recommended approval of the variance to permit the 10' residential addition into the average lakeshore setback based on the following findings of fact: A. The intent of the average lakeshore setback ordinance is to protect lake views enjoyed by adjacent residential buildings. B. Views from the neighboring house, located east of the applicant's property, would be minimally impacted to the lake based on the side by side location of the houses. C. The house to the west is located approximately 120' from the applicant's . house. D. The applicant's house is located at a much higher elevation than the house located to the west: E. Because the addition is to east side of the house, the visual mass of the addition is not visible from the neighbor's house. ' 5. By a vote of 6 to 0 the Planning Commission recommended approval for an expansion of the detached garage. The recommendation differs from the applicant's request because the Planning Commission concluded the size of the detached garage should not be greater than 1,000 s.f. based on the follow-ing findings: A. The applicant's request to extend the existing building by 12 ft.would result in a building size of 1,056 s.f. The rationale behind the recommendation to allow a building with a maximum size of 1,000 s.f. is based on the code classification of accessory buildings over 1,000 s.f. in size. Any building in that category is defined as an oversized accessorv buildina Oversized accessory buildings are required to meet principal building setbacks. In this case the building would be required to meet a 30' setback rather than 15'. Page 2 of 6 , • ,� . �� . �� 0� . O O �� - CITY of ORONO � F �� G'�' RESOLUTION OF THE CITY COUNCIL ��kEs� No. 47 ;� � B. The garage was approved with a previous variance to be located only 9'from the property line. C. Property owners could construct additional accessory buildings on the property without requiring variances. An addition to the existing garage would not require additional buildings on the properry. D. The building addition is not within a required yard setback: There is no change proposed for the portion of the building located 9' from the property line. 6. The City Council finds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning district;that granting the variances will 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 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. 7. The City Council has considered this application including the findings and recommendations of the PlanninD Commission,reports by City Staff, commerits by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND 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 (B) and Section 10.56, Subdivision 16(C)(6)to permit an encroachment into the average lakeshore setback to permit a 10' addition to the kitchen and mud room to the principal residence, and a variance to Section 10.03, Subdivision 9 (E) to permit an addition to the detached garage located 9' from the street property line, where a 15' setback is required subject to the following conditions: 1. The detached gazage shall not exceed 1,000 s.f. 2. The property shall be developed in conformance with the site plan attached as Exhibit A. Page 3 of 6 i�� ' � O� • O O �, CITY of ORONO a � '�' RESOLUTION OF THE CITY COUNCIL ��`qk'E 04'�G NO. 4 7 3 1 sK 3. Authorities granted by the variances 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 these variances will expire on that date (January 28,2003). 4. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owners have read,understand 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of January, 2002. ATTEST: C�a--�--�-t�� E.�'C;'Gt � Rachel Dod eputy Clerk Barbara A. Peterson, Mayor � , ;. � Propert� Owners � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of January, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. / � -- C_.�- Not � Pt��'�rcw�� pCKiEYOi.;�•iG ' t� NOTARY PUBLIC-MINNESOTA My Comm�ssion Exp�e3 Jan.31,2�05 Page 4 of 6 . � ,;,, ' � � O ' � � O O �. C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��gg� NO. , ` "r � ,� STATE OF MINNESOTA COUNT�C'OF HENNEPIN The foregoing instrument was acknowledged before me on this J�� day of ( ,200 � by Rachel Dodge,City Clerk of the City of Orono,a Minnesota municipal co oration and said instrument was executed on behalf of the City. �'��,,-�=� MARY�,'�'��J Jt?�;�;;ON �� :^•.,,�;�� NOTARY PUBUC•MJPlNESOTA NOL Publ •�: M�C�ion Expires.►an.31.2005 � ... ..�< ST�TE OF MIN�IESOTA � COUNTY OF HENNEPN On this 5-f' day of �e.�2��rZ� , 2��L; �� n S n->> �h � v� c� ��i E'� personally appeared before me, �vho is personally known to me � whose identity I proved on the basis of !n/f .v�- w-hose identity I proved on the oath/affirmation , a credible �vitness and w-ho e:cecuted the foregoing instrument, and acknowledged that he/she/they executed the same his/her/their free act and deed. .�, *,• i�ir �/� � �=:a- MARXA:��iJOh.y,�ON /� �/ �� '� "` NOTARY PUBUC-h:i.'vtdE50TA / ' A�C.anrtYasion Expires Jan.31.10oS NOt— ar p b�"iC � STA � COtTNTY OF HENNEPIN Onthis �� dayof F2.br�i�� , 20oj , �cu �c,s ��,;-�h personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of �� 7� L whose identity I proved on the oath/affirmation , a credible w�itness . ,�, and�vho executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and cleed. 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