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Home My WebLink About#4671-denying variances-2001 � � %///'�_\�\ � � � \ O 0��,. �s. - , � I j C ITY of ORONO � � ;, ��t G'�'ii� RESOLUTION OF THE CITY COUNCIL �\kESHOj/ NO. '� S � .� _ A RESOLUTIO� DEIV'YING VARIA\CES PER NIUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.56, SL'BDIVISION 16 (L) (2) FILE #2636 `VHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and `VHEREAS,pursuant to State Statutes 412 et. seq.and 46?et. seq.,the City Council of the City of Orono has adopted zoning re�ulations for the protection of the public health, safety and general ��elfare; and WHEREAS,Gary Cable and.Susan Cable(hereinafter "the applicants") are owners of the property located at 3�32 Ivy Place within the City of Orono(hereinafter"the City")and legally described as follo�vs: Lots 179 and 180, Ta}�lor's Subdivision of Spring Park Lots, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, the applicants ha��e applied to the City of Orono for a ��ariance to Municipal Code Section 10.22, Subdivision 1 and Section 10.56, Subdi�-ision 16 (L) (2) to permit 3,3�6 s.f. (2�.4%)hardcover on the property��-here the land area within the 75-2�0' setback allows 3,250 s.£ (2�%) hardcover to permit an ice house within 7S of the lal:eshore to remain on the property; and �VHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and��ritten statements submitted by the applicant. NO`V, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested after-the-fact variances as described above based on one or more of the fullowing findin�s of fact concerninQ this property: PaQe 1 of 4 , � � � �� O� O O ��, CITY of ORONO � � �� G'�' � RESOLUTION OF THE CITY COUNCIL ��SK j ruo. 4 f `� � 1. The property is located in the LR-1C zoning district, a single family lakeshore residential district. � 2. Properties in the lakeshore residential district and in the Shoreland Overlay District are subject to hardcover regulations. The subject property is allowed to use 25% of the land area beyond the 75' lakeshore setback for hardcover. 3. The total land area in the 75-2�0' lakeshore setback is 13,182.8 s.£ Allowed hardcover allowed on the property is 25% of the area within the 75-250' lakeshore setback. The total allowed hardcover on the property is 3,296 s.f. 4. Hardcover regulations do not permit any hardcover within 75' of the lakeshore. 5. The City of Orono's hardcover policy requires that properties that are redeveloping not exceed allowed hardcover. That includes any eYisting or proposed hardcover within 75'of the lakeshore be reduced from the amount of hazdcover that is allowed on the property under the requirements of the hardcover ordinance. The ice house is located within 75'of the lakeshore and does constitute hardcover on the property. 6. A building permit for a new house�vas issued on November 13,2000 based on a site plan that met all requirements of the Zoning ordinances and Building Code. Applicants were approved with the understanding that the future of the ice house �vould be determined by the City though the variance application process. The applicants submitted a written statement stating they �vould abide by the final decision of the City regarding the future of the ice house building. 7. The City of Orono issued a Temporary Certificate of Occupancy on April 19,2001. A condition of approval was the shed"ice house"be removed or get approval from the City within 90 days. 8. The Planning Commission revie��-ed this application on November 20, 2000 and tabled the item to allow the applicants an opportunity to revise the plan that would at a minimum reduce the total hardcover on the property to not exceed the 25%limit in the 75-250' setback. Page 2 of 4 � , ►,; � �� 0 0 ��, CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �.kESK� rvo. 4 6 ?' 1 9. The Planrung Commission again reviewed the request on May 21, 2001 and recommended denial by a vote of 4 to 0 based on the following findings: A. New construction proj ects that demonstrate a suitable building area have been held to the 25%hardcover limitation and the Planning Commission has not looked favorably on applications the exceed allowed limits. B. The Planning Commission agreed to table the application on November 20, 2000 to allow the applicants an opportunity to reduce hardcover. The plan reviewed on May 21,2001 did not reduce hardcover from the plan reviewed on November 20, 2000. C. The approved site plan does not allow any hardcover for a sidewalk to the front entrance or indicate hardcover that could be used for access to the third stall of the gazage. �. D. The Planning Commission did not make findings that could have supported a hardship that would have required variances to allow hardcover in excess of what is permitted on the property. 10. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 10.22,Subdivision 1 and Section 10.56,Subdivision 16(L)with which the applicants must first comply in order that variances be granted. The Council finds that: A. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances are noi granted. B. Granting of the proposed variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship or practical difficulty acceptable to the City Council to permit an ice house to remain on the property eYceeding allowed standards. Page 3 of 4 � � �.,. , . �� 0� O O , C ITY of ORONO � � �� ,'�' ' RESOLUTION OF THE CITY COUNCIL ��`�k'F1SKQ� NO. � � �a' `� \` C. The conditions and Zoning Code limits imposed and eYisting on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent residential zoning districts. 11. 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 of the proposed variance on the health,safety and welfaze of the community. 12. Prior to a Certificate of Occupancy approval the ice house building shall be removed from the property. Removal of the ice house is required to be complete by August 17, 2001. Adopted by the City Council of the City of Orono on this 23rd day of July, 2001. ATTEST: yi;� �. �<{l � ��2t�� /',�'�('� Lincla S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July,2001 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . -:�_� RACHEL DODCE L.�� : , -�. , . �`_"�, NCTARY PU6lIC-M�NNE�OTA .( �•�>>;.�' �� +.,.,a::��- i,fi,�,�„�,�,s,ian.s�,zoos Notary Public >4 ti'y `�c,'rr✓J,�a'...'.G Page 4 of 4