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Home My WebLink About#5026-variances-2003 , , - � O _ V O ,�� _ O �,.. CITY of ORONO � �� 3.;�. � "�+� � �� :.'R`�. .� � 'C�L ��G RESOLUTION OF THE CITY COUNCIL `�kEsKo�' No. _ �n� :�; A RESOLUTION GR4NTI�'G VARIANCES TO NIUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5B; 10.22, SUBDIVISIONS 1 Alr'D 2; 10.55, SUBDIVISIOI�' 8; AND 10.56, SUBDIVISIONS 16(C) AND 16(L) - FILE NO. 03-2907 WHEREAS,Jeff D.�ieba.rth and Cara Ziebarth,husband and wife(hereinafter"the appiicar.ts")are the owners of the property located at 720 North Arm Drive within the City of Orono (h:,reinafter the "C:ty") and legally described as follows: Exhibit A attached (hereinafter the "property"); and WHEREA�,the applicants have ma�e application to the City of Orono for a variance to Orono Municipal Zoning Code Sectiors 10.22 Subd. 2 and i0.56 Subd. 16(L)(1&2) to allow hardcuver on the property in excess of the hardcover amounts ncrmally allowed, and a variance to Sectior,s 10.22 Subd. 1, 10.55 Subd. 8 and 10.56 Subd. 16(C)to allo�v a second story addition over the existin�residence located less than 75'from the OHWL of Lake 1Vlinnetor.ka where no structure is nor,nally alle��ed, and a`�ariance to Section 10.22 Subd. 1 and 10.56 Subd. 16(C)(6)to allow an encroachz:l:;r�t of the av�raae lakeshore setback,and a variance to Section 10.24 Subd. 5(B)to allow expansion of roof lines and a colonnade structure to be located less than tr,e required la' from the side lot lines. NOW, THEREFORE BE IT RESOLyED by the City Council of Orono, Minnesota: FIN�INGS 1. This application�vas revie�ved as Zonin�File�03-2907. 2. Tne preperty is located ir,the LR-1B Lakesh�re Residential Zoning District,�vhich requires minimum lot a.rea of 1.0 acres and minimum lot��vidth of?40'. The lot has a defined �vidth of 50' at the shoreliiie and 4�' at f�e 7�' lakeshore setback, and is 0.18 acres in area. Pa�e 1 of 7 i ' • 1 ' �O� O O a . ;-. � CITY of ORONO ti �'t�� G~ RESOWTION OF THE CITY COUNCIL `�kEsKo4 No. � � 2 g 3. The Orono Planning Commission initially reviewed this application at a public hearing held on June 16,2003 and subsequently at a continued hearing held on July 28, 2003. The applicants revised their initial proposal, and on July 21, 2003 the Planning Commission recommended partial denial and conditional approval of the variances needed for the revised propcsal on a 7-0 vote,based on the following , findings: a) The property contains an existing residence structure and detached garage. The applicants wish to remove the existing detached garage,add an attached garage to portions of the existing ho�ase,and construct a second story addition over the new garage and existing�ouse. A portion of the existing house is located less than 75'from the shornline, and th� house sei-erely encroaches the required 10'yard on bo�h sides. The property also contains an existing deck within the 0-75' zone and o�er features which constitute additional hazdcover on the property. b) Approval for the second story structure encroachment within 0-75' setback zone,65'from the shoreline is a re�onable request which is supported by the hardship creatzd by the location of t�'�e existing home. c) The side setback variances to a11oR- a second story of structure to encroach within 4.3' of the left side lot line a.*�d within 2.4' of the right side lot line should not be approved, because the resulting structure �vould tend to overshadow �djoining properties aad lead to future maintenance issues. d) The side setback variances reque:ted for an attached �arage addition to encroach within 6' of the left side lot line should not be approved, as the garage can be shifted to meet the 10'required side setback«-ith some interior design changes, and no hardship eLsts to support this request. e) The removal of the existing 423 s.f. deck in 0-75' zone is appropriate, and replacement with a smaller 9�s.f.d�ck as proposed,still sli�htly encroaching the average setback line, is a reasonable request given the location of the existing house and the minimal i�-npacts on neighboring �-ie�vs of the lake created by the revised deck proposal. , Page2of7 � � T' �O� O O � . :-.� � CITY of ORONO ti �� G~ RESOLUTION OF THE CITY COUNCIL `9kESII�g' NO. _ e o � g � Approval of the hardcover variances per the revised plans is reasonable, finding that the plan reflects what appears to be the minimum hazdcover necessary to support a reasonable residence on the property, as follows: 1) Hardcover in the 0-75' zone will be reduced from 1058 s.f. (29.4%) to 535.3 s.f.(14.8%)where no hardcover is allowed,byreducing deck steps and concrete slab areas. 2) Hardcover in the 75-250' zone will be reduced from 2257.1 s.f. (�1.9%)to 1961.38 s.f. (45.1%)where 25%is allowed. g) Applicants should provide a suitable drainage plan to be developed prior to fmal Council action, to address the drainage concerns expressed by neighboring property o�vners. 4. The City Council reviewed this application on July 28, 2003 meeting and on a vote of 4-0 granted partial approval per the Plannin� Commission recommendation, directinj the applicants to return with a plan meeting the established parameters and directing staff to draft a resolution for adoption. 5. The City Council reviewed the submitted revisions on August 11, 2003 and tabled the application for fizrther revisions to eliminate excessive encroachment of the 10' side setbacks by gara�e roof overhangs. On August 25, 2003 the Council reviewed the further revised proposal and finds it to meet the parameters established for development of this substandard site. 6. 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 public, and the effect of the proposed variances on the health, safety and welfare of the community. 7. 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 nei�hboring 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. Page 3 of 7 : , . � O� O O ,� ;., � CITY of URONO ti �'�� G~ RESOLUTION OF THE CITY COUNCII 9kEsi;�g' NO. � � � ¢� 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 Sections 10.22 Subd. 2 and 10.56 Subd. 16(L)(1&2) to allow hardcover on the property in excess of the hardcover amounts normally allowed, and a variance to Sections 10.22 Subd. 1, 10.55 Subd. 8 and 10.56 Subd. 16(C)to allow a second story addition over the existing residence located less than 75'from the OHWL of Lake Minnetonka where no structure is normally allowed,and a variance to Section 10.22 Subd. 1 and 10.56 Subd. 16(C)(6) to allow an encroachment of the avera�e lakeshore setback, and a variance to Section 10.24 Subd. 5(B)to allow expansion of roof lines and a colonnade structure to be located less than the required 10' from the side lot lines, subject to the following conditions: 1. Council approval is based on the revised site plan and house plan & elevation views submitted by the applicants and annotated by City staff,attached to this Resolution as Exhibit B. Any revisions to the site plan ��hich are not in conformity�rith the conditions of this approval resolution will require further Planning Commission and City Council review. 2. The hardcover variances are approved as follows: a) Hardcover in the 0-75' zone will be reduced from 1058 s.f. (29.4%) to 535.3 s.f. (14.8%)where no hardcover is normally allowed,by reducing deck steps and concrete slab areas. b) Hardcover in the 75-250'zone will be reduced from 2257.1 s.f. (51.9%)to 1961.38 s.f.(45.1%)where 25%is allowed. c) Any existing plastic or fabric landscape bed liner material shall be removed from the site,as such liners aze considered as hardsurface but are not allowed to be considered in hardcover calculations. d) The remodeled residence may not be occupied until the site has been certified by the City as being in full compliance with this hardcover approval. e) Hardcover on the property shall not exceed the limits as noted in this resolution. Applicants are advised that any future proposals for additional hardcover on the property�vill likely not be approved,but might be approved only in conj unction with concurrent hardcover removals to result in no net hazdcover increase ori the property. Page 4 of 7 . � o� 0 0 � CITY of ORONO ,� .;. � ti �'�� G~ RESOWTION OF THE CITY COUNCIL `�kEsKo�' No. 5 0 � s 3. Applicants shall adhere to the submitted grading and draina�e plan subject to the comments and conditions noted by the City Engineer in his letter dated August 21,20U3. 4. Authorities granted by this resolution run with the property not with the applicants,but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council appro�•al,or the variance will expire on that date (August 25, 2004). 5. 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. 6. The undersigned applicants have read, understood and hereby agree to tbe 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 F:�perty. Adopted by the Orono City Council on this 25th day of August, 2003. ATTEST: �� i� _ . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �`. I ' perty Ow (s) . Page 5 of 7 . . � �� O O CITY of ORONO � �� ti '� G~ RESOLUTION OF THE CITY COUNCIL �9kESI'i�g'� NO. — � � 2 �— STATE OF MIIVNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this Z�day of �,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corpor�d said instrument was executed on behalf of the City. .� , `'�'`�, RACHEL DODGE • NpTqR`(pUBLIC-MINNE"OTA � � . ` FAy Cantrtssion ExpYes�an•31,2005 ,j Notary Public . , . ,�_�,e.°�J STATE OF 1��INNESOTA COUNTY OF HENNEPIN The foregoina instrument was ackno�vled�ed before me on this GQ'day of��f;2003 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. -:� - �� Da�,� � ,�f:. � % RACHEL DODGE Notary Public r�� ;,:; ••'` NOTARY Pl�llC•MWNE?OTA � �' � My CaimY�fon Expkea Jan.31,2005 ' ._ �.:.:; � Page 6 of 7 ; � °� 0 0 � CITY of ORONO ,� .,. � ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESI��4' NO. �� O `� � State of Minnesota ) ) ss. County of Hennepin ) This instniment was acknowledged before me this �f" day of �C�-d'�� ,2003 by Jeff D. Ziebarth, husband of Caza Ziebarth. �s� � BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA w , ,� �� ' ;,,,;' My Comrt�ssion Expires Jan.31,2�8 UiL� Notary Public - State of Minnesota ) ) ss. County of Hennepin ) S�- This instrument was acknowledged before me this � day of��;(�-f--��-�Q(�,2003 by Cara Ziebarth,wife of Jeff D. Ziebarth. � �� RACHEL DOD�� _' C_-G�--E. I��%O� +:! NOTARY PUBUC-MI1•I�E"OTA } tiy co�o��,.. .�;��: ` lvTotary Public -.. ,. -. _ _---:.-��.:-,-. . -- Page 7 of 7 �Xth$�r � (ZFso L�.rtoN No. �o Z � Legal Description of Record.• That po�t of Lot 3, AUD/TORS SUBOlV1SlON NUMBER 362, Hennepin County, Minnesota, lying Northerly of a stroight line drown th�ough 2 points, extending Northeoste�ly to the waterline, 1 point being in the Soufhwesterly line of said Lof .3, 40.00 feet Soufherly, o/ong said line, fiom fhe most Wesferly corner of soid Lof, fhe other point being 50.00 ieet disfont at riqht ang/es Southeasferly from fhe No�thwesterly line of said Lot, measured /rom a point in the Northwesterly line o/ said Lot distant 172.60 feet Northweste�ly measured a/ong said line f�om fhe most Wesferly corner of soid Lot, according to fhe plat fhereof on file or of record in fhe office of the Registra� of Tit/es, Hennepin Coun ty, Minn eso ta. � I � w oA 2 ^. . �- - � .� � � wi oc �+ . Apw�v,� � . � . E�iedng��rd Cover �e�ohseed Hard Cover(New ConstrucUon) 0-75'Foot Zone 0-75'Foot Zone � . F.uladng HouBo a 400.31 S.F. Exiting House=400.31 . Exiating Deck=422.67 S.F. New Deck=95.00 S.F. i � � � Exisdng 3te�'='I36.22 S.F. New Concrete Pad=40 S.F. ��` ��8��=79.23 S.F. � � ti Total a 1058A3 S.F.(29A96) Total a 53531 S.F.(14.8�0) ` � ' g •�PP`Rev� � � �� \� \` �° H��o�' �Hard Cover New Constructton) � \ \ �� 7S—?SO Foot Zone 75—250 Foot Zone � �� \ �� F.xlsting Hoase a 626.38 S.F., F�[isting House =542.38 S.P. � � \� � �\ � E.xistin$.(3arage m 419.61 S.F. New Attached Garage a 40p,pp S.F. \�� \\ \\ � �� ♦\ Existiog Chavel a 90.88 S.F. New House Addition=62.31 S.F. � � � � \ `� F.xisting Bl�a 642.16 S.P. New BI�Driveway=850.00 S.F. � \` � �� \ Existing Cone.Sldewalk=462 S.F. New Conc.Sidewalk=90 S.F. '�� ` F.xisHng Retain.Wall=16.07 S.F. Existiag Retain.Wall=16.07 S.F. � � ;��\ � �� `.�` � ��: Total a y2S7,10 3.F.(5199'0) , Total�196138 S.F.(45.1'Yo) � � \ , � • � � • • '-� �\ �\ �\ '\ \ �\ � \ Tota�Lot Al�es a 7946 5.F. � � \ �� ToW Lot Area:0 7S'Foot Zone�3600 S.F: `�� \�� \ \�� . ToW Lot A[ea:75'—Z50'Foot Zoue a 4346 S.F. ' � � � ��p �\�� \ �\\ `�>_ 1� iCQ\ ' Total Lot�Iardsurface Proposed=?q96 S.F.=319'0 of Lot Area . `� � ^ � �� ^ � \ �� \ �xpJ ti n `J'te pr Total Lot Hardeuctace as a penentage of 75'—250'zone�2496/4346=57�o — � °� � � �� \\ � M� � � \ \ � � � � Total Structured Area=1500 S.F. .\ A5 ` `��_ �\ � �\ � � \ x � � � � \\ Ex i Jt;n9 Houe�e � � �\ � � � \ . \9SR , � iwn fP�yt. � \� � � � Ner✓�j'riee� � � � , . � ', �� (A\o M��/eJ�� ' I\ �; 9S4 ��ei+e�.) \\ \ � ��\\�\��9� .. � � SS, � � � • �\�\�\ ��9�� a ' New Conc. .\ � � �� ,2 1 � S/�b . `1 \ �\ �, � ��\�.\�9�� 6 � �` Xi st�n Hou,rc � �\ �4 � I � o-s !F.F/. 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