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Home My WebLink About#5295-variances-2005. � O _ Y � O � ��;a.. �. C ITY of 4RON0 � � . � ,.; �',� � `� �'�' RESOLUTION OF THE CITY COUNCIL � `:'�� L�kESH�4� NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350(B), SECTION 78-1288 AND SECTION 78-1279(6) FILE NO. 05-3078 WHEREAS, Gary A. Christensen & Lyiui A. Chxistensen, husUand and wife (hereinafter "the applicants") are the owners of the property located at 3560 Ivy Place within the City of Orono (hereinafter the"City") and legally described as follows: A11 that part of Lot 185 lying Northeasterly of a line described as follows: Commencing at a point in the Northwesterly line of said Lot 185 distant 45 feet Northeasterly from the Northwest coi7ler of said lot; thence at a straight line to a point in the Southeasterly line of said lot, which point is distant 45 feet Northeasterly from the most Southerly corner of said lot, in Taylor's Subdivision of Spring Park Lots, according to the plat thereof on file or of record in the offices of the Register of Deeds in and for Hemlepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applica�lts have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (b) to allow the constniction of a half story over the existing home 40' from the OHWL of Lake Miruietonka where 75' is required; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 (b) to allow the constnlction of a half story over the existing home 8.25' fiom the side lot line where 10' is required and 8.25' curre�ztly exists; and WHEREAS, the applicants have made application to the City of Orono CoT a variance to Orono Municipal Zoning Code Section 78-1279(6) to allo�v the cor�struction of a half story over the existing home in front of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (a) to allow 1,351 s.f. or Page 1 of 7 1 i , �O� O O �� CITY of ORON4 a � ti �� Gti RESOLUTION OF THE CITY COUNCIL `�k�sKo� No. ��-� � �S 32,5% hardcover on the eastern portion of the lot witlun 75' of the OHWL where no hardcover is allowed in conjunction with a half story addition; and WHEREAS, the applicants have inade application to the City of Orono for a variance to Orono Muizicipal Zoning Code Section 78-1288 (a)to allow 2,585 s.f. or 44.34 % hardcover on the western portion of tlle lot within 75' of the OHWL where no hardcover is allowed in conjunction with a half story addition; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (b) to allow 4,032.6 s.f. or 47.44 % hardcover within the 75'-250' setback zone where 25% is normally allowed, resulting iii a total site hardcover level of 7,968.95 s.f., equivalent to 93.75% of the 75' — 250' zone, in conjunction with a half story addition. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#OS-3078. 2. The property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum of 0.5 acre in area and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on Febi-uary 22, 2005 and recommended approval of hardcover, side setback, lake setback, and average lakeshore setback variances based on the following findings: a. The property is 0.417 acre in area and has 55' in width measured at a line parallel to the shore or 50' in width perpendicular to the side lot line. b. No additional land is available for acquisition by the applicants to make the property conforming in area or width. c. The property has 0-75' zones on two sides. Page 2 of 7 . � o.�,. � 0 0 CITY of ORONO � :� � ti ti RESOLUTION OF THE CITY COUNCIL ��kEsS�4�G NO. :� � � � d. The applicants are proposing to reorient the roofline; only attic storage, no additional living space is proposed within the substandard setbacks. e. The dorrners on the north side of the home should meet the 10' side setback requirement. f. Due to tlie location of the home any additions or alterations to the east or north sides of the house require variances. g. Over half of the existing home is located witivn 75' of the lake on the east side of the property. A variance is required to change any portion of the structure within 75' of the lake. h. The applicants axe proposing to remove portions of nonconforming hardcover and structure in conjunction with setback variance approvals. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the cornmunity. 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 variances would 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350(b), 78-1288 and Section 78-1279(6) to allow construction of a half story attic addition with a steeper � pitched roof in front of the average lakeshore setback, 40' from the eastern OHWL of Page 3 of 7 , ' 7' O� O O ,� .,. � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESTrI��G NO. —��- Lake Minnetoillca and 8.25' from the north side lot line, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicantd and arulotated by City staff, attached to fliis Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Plaizning Commission and City Council review. 2. Hardcover in the easterly 0-75' zone shall not increase above the level of 1,351 s.f. or 32.5%, azid hardcover in the westerly 0-75' zone shall not increase above the level of 2,425 s.f. or 42.2%. Hardcover in the 75-250' zone shall be limited to 4,001.25 s.f. or 47% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nat�ire of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The following reinovals are required: a. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. b. Applicants shall relocate the play house structure to the location to tlie south west of the front door in place of excess sidewalk. c. Portions of the grade level deck which cross the northern property line. d. Portions of the sidewalk which cross the northern property line. e. 10' x 16' concrete slab west of the garage. f. The non-essential sidewalk to the south of the front door. g. Storage shed and play structure. 4. Required removal of the storage shed shall be completed by December 1, 2005 or by the final inspection of the half story attic addition. After December 1, 2005 Page4of7 , ' 7' O� O O a ; �, C ITY of ORON4 ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESYi�g'�G NO. � � � � additional building permits will not be issued prior to the removal of the storage shed. 5. Required removals of other structure and hardcover shall be completed by the fi aining inspection for the half story attic addition. 6. The dormers proposed on the northern portion of the addition shall be reduced to meet the required 10' side setback requuement. 7. Authorities grailted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building perniit for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 28, 2006). 8. 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. 9. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28�h day of March,2005. ATTEST: ��_.._. , __._� � � ��--- ��.��.?:�� .c;'.;,;�.�t� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor / r'- f l /. : _ .%'�'- '� �� """�'_"� ,'�..,. �-'�. / _.....�____.�---. ' � �roperty Owner(s) Page 5 of 7 � o� � 0 0 � C ITY of ORONO � � a ti �� G~' RESOLUTION OF THE CITY COUNCIL �kES�IOg' NO. � � � � STATE OF MINNESOTA , COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�� day of ��L.�., 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �� Gi.�,,,�/�.�,�,�--- ,�' KI�iSTI g,�1�lD�FtSON Notary Public �.�'�� ,�� . NUTARY F�61.lC•MII�NESOTA ;�'' � try Com��issi��x�ires Jan.31,2007 ,, • STATE OF MINNESOTA COUNTY OF HENNEPIN .l<��-_ The foregoing instrument was acknowledged before me on this _ day of j'��U%l�•�t , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE �.��c:�..c_ �..--�-...,�_ L��=.C_�� P . NOTARY PUBUC-MINNESOTA �� ` ;,,;� ' My Commission Expires Jan.31,2010 NO t3T'y PU b I1C Page 6 of 7 _ � o � � 0 0 � CITY of ORONO � � ti �� G~' RESOLUTION OF THE CITY COUNCI L ��kESYiOg'� NO. � � g�c� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �'�day of i^t L , 2005 by Gary A. Christensen, husband of Lynn A. Christensen. � I'ARBAFtA G. SILUS ��8�� ,, , i';iY FU�I?C-Pai1N�c;;OTA �,�,�� ,:y conT;��n cr.F�;,:,,��,,s 7,zoo3 Notary Public -r STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7�`day of��L ,2005 by Lynn A. Christensen, wife of Gary A. Christensen. �� C�.t,b a�rt 5W.�.�.,,, BARBARA G.SILUS Notary Public �'` t.'3TAi�Y PU9LfC-MlN'�r"`�� , � � N;y Comm'sssion Expires Ja�.31,2L08 a Page7of7 . � �� , ��'��►,� ,L,��c� lh«rNFreN�'� , . . � .. . . 928,S FEe.s, zoar . � . \� , . , � �' , : ' • • ' • • � . . . •• . , � , . �•� � � , . �s.00' � 3? �y� � . . . , , . , jy . . � ��` � .� . . � � � � . . � ., , � ` . � . . `� �( �� _ , . � � , . . . �0 57.00'' � �: .�• 29.4. . . ' , , , �4� . � . • ' � ,� ��.� � ' , , � - � a�.00� . ' . , � ' � ., 43�� sf � �`°�1 . \ � . . • . • . , . l • � • . . . ' � k �R� � e ! 1 . �� ` , � � 4, • s1 '{ Fr^ NG , , , � ' . • . . , `v� l ' ��,�"�� • ' g3¢�t� �(C��j/[•W • . �' 1 ' � 6Q�� O A�i!, e'�' , . . � � �5 �eE , � � � � , , �i I I , ,.. ! �9i • , 32,50' . I ,�• 30.00' a /' ,rnd+�,. `.-G 40�00' ' . %��Y� �� • � r 's. 8� i 93� • • � a"c,r` � � �,'"r ' � . I � . ` . /� �- . . � ' � I . . . `�., B.4 �,' . � . . . � � �� Ip . .. , ' . . • . . � I, , e;f �: . • . , . . . :�� ; � . . . • � � ,• , Reauired Removals • . , � I �' 9n, �� ' ` Sidewalk and Deck encroachments on ; ' . �� • �c� � + � � North side, . • . ` ✓1 � i � y ' ,* . . . : � �, ��.��N • Excess sidewa(k on the SW corner– "� , . i� :M play house to be located in this spot, ,� \ ''� ■ 10'x 16' concrete pad west of the , � � ' ' /� ' :¢ ' garage. . � �s,00� � •1. � " �x,hF� .' � ■ 5hed to be removed from neighboring �� 6 30 praperty by December 1, 2005. . . ,,,,, � � '° ■ Play house to be removed from . � ; • ' neighboring property. � � � • "'' ■ Play structure to be remo.ved from � • • , .� '. neighboring property.� � � � . . . , � , ' . : aI ' .•- 'r .n . � , � . g • . • Allthatpartef � , ,�i� �, ' .. 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