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Home My WebLink About#5429-variances-2006 � o� 0 0 �� .- C ITY of ORONO � :� -� � �. ti �',�� G'�' RESOLUTION OF T� GI�Y COUNCiL <9 4 NO. � kEsYi� A RESOLUTION GR.A.NTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1288, AND 78-1403 FILE NO. 0�-3147 WHEREAS,Steven R. SundUy and Jam1a S. Slmdby,husband and wife(hereinafter "the applicauts") are the owners of the property located at 3587 North Shore Drive within the City of Orono (hereinafter tl�e "City") aild legally described as follows: Tl�at part of Lots 8 and 9, Blocic 2, `Baldur Park", Heiuzepin County, Mii�nesota lying South of the Southeasterly line of Cotuzty Road No. 51 (llereinafter the ��property„�� and . - .' - , WHEREAS, the applicants have made application to the City of Orono fqr variances to Orono Municipal Zoning Code Sections 78-1279, 78-1288 and 78-1403 to allow constntction of a 5' Y 8' covered entry, including a lake setback variance to pennit a lake setUack of 49' from the 929.4' OHWL when 7�' is nonnally required and 21' cun•ently exists; a hardcover variance to permit 65% hardcover �vithin the 0-75' zone where 0% is nonnally allowed and 65% currently exists; and a structural coverage variance to pennit 28%stnictural coverage where 1500 s.f. (or 24°'0)is noi7nally allowed and 27% currently exists. �;pW, THEY2EFORE BE I'I' R�SOLVED by the City Council of Orono, Mizulesota; I'INDINGS 1, This application was reviewed as Zoning File #OS-3147. ?. The property is located in the LR-1C One Family Lalceshore Residential Zouing r District, which requires minimum lot area of 0.� acres and minimum lot width of 100'. The lot contains 0.14 acres in area, and is 108 feet in width at the shoreline and 62 feet in width at the 7�' setback line. 3. The Plaiuzing Commission revie��ed this application at a public l�earing lleld on January 17,2006 and recommended approval of the variances on a vote of 3 ayes and 2 nays, based on tl�e follo��ing tindin�s: Page 1 of 5 , � � O� O O � ..:.-. � CITY of ORONO ti ti ' RESOLUTION �OF THE CITY COUNCIL �L`4k'ESII�4�G NO. 5 � Z 9 a) The lot is extremely small and the majority of existing hardcover is in the 0- 75' setback zone. b) The covered entry as proposed is over existin; hardcover and will not increase hardcover on the property. c) The covered eiltry as proposed is of a size and in a location that will have minimal visual impact in tenns of the bulk and nzassing of stnicture on the property. ' d) The location of the covered entiy within 75' of the shoreline is necessary ' because tlie entry door it serves is only 49' from the shoreline: • e) The covered entry is necessaiy to help solve a roof ninoff problem caused by the design of the entiyway directly below the outlet of a roof valley._ fl The replacement of retaining walls as requested in the initial application is not a pai-t of this current review. 4. The City Couilcil has considered this application including the findings and recommendations of the Plaiuzing Conlmission, reports Uy City staff, comments by the applicants and the public, and the effect of the proposed variances on the llealth, 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�enerally to other property in this zoning district; that granting the variai�.ces would not adversely affect traffic conditions, light, air nor pose a fire hazard or other dan�er to neigl�boring propei�ty; would not merely serve as a conve�iience to the applicants and o�vners, 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 l:eeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 � O� O � �� CITY of ORONO � � :.. � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�'�G rva 5 4 2 9 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereUy�-ants variances to Orono Municipal Zoning Code Sections 78-1279, 78-1288 aud 78-1403 to allow construction of a 5' x 8' covered entiy,including a lake setback variance to pennit a lake setbacic of 49' from the 929.4' OHWL when 75' is nonnally required and 21' cuizently exists; a hardcover variance to pennit 65% hardcover within the 0-75' zone where 0% is noimally allowed and 65% currently exists; and a stnictural coverage variance to pennit 28%stnictural coverage where 1500 s.£(or 24%)is nonnally� allowed and 27% cunently exists, subject to the,following conditions: 1. Colmcil approval is based on the site plaai suUmitted by the applica�its and annotated by City staff, attached to this Resolution as ExhiUit A. Any amendments to the site plan which are not in conformity with City codes will require further City Council review. 2. Applicants are advised that hardcover in the 0-75' zone shall not increase above the existiug level of 3620 s.f. or 65%. Hardcover in the 75-250' zone shall not increase above the existing level of 108 s.f.or 13.9%, The above square footages and percentages are subject to any revisions that may occur as a result of future City approval of retaining wall replacement. Applicants are advised that any firture requests to inerease hardcover shall require City approval. 3. Authorities granted by this resolution run with the property not with the applicants,but are permissive only and must be exercised by obtainin; a building pennit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 27, 2007}. 4. Violation of or non-compliance with any of the ternzs and conditioils of this reso�ution shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a rnisdemeanor. 5. The undersi�ied applicants have read, understood and hereby agree to the tenns 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, Page 3 of 5 � o� 0 0 CITY of ORONO ,� .;. �, ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'EsKo4`'�G tvo. 5 A 2 9 Adopted Uy the Orono City Council on this 27th day of February, 2006. ATTEST: t" �''�_ _ � �l� r ��" .., . ... � / �i '/,� .� �lY�C.��ti'..,,�� ! �� -L.-C..C�ti;.�r•1�,,°f;'�+' I;,/..�f,✓ ._,,,, �ind;� S. Vee, City Cle k BarUara A. Peterson, 1V�a�or _. � , _._.�r � ^ , . ' � ��,. �---- ' / �. ��, , ; ,�/` , `.;' � �� -,, �` �..�.w::��-i .;j�lf�l��-� �� G�� -'�ff�' Steven R. SundUy `Yaiuia.S. SundlTy� � � � ;, � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instiliment was acicnowledged before me on tlus�day of c�: ,2006 by Barbara A. Peterson, Mayor of the City of Urono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. •aa�'1.��x� '��, .�1 � . . :� ;��Ti�3.AIJI��: �l� 4 � tiOTARY�U3LIG-M�'idN4�:i0TA �"3�' �.� �/�-Y,�ti3� ;:;;y.;;:� y;y i;cr��m�ssion Ezpires•��n 3I.,�� . -`�1�7 t� Notaiy Public .�.:�'�' �'� STATE OF MINNESOTA COUNTY OF HENNEPIN � -�� The foregoing instrument was acknowledged before me on this�day of J+ �, �<r ,;.�,2006 by Linda S. Vee, City Clerlc of the City of Urono, a Mimzesota municipal coiporation and said instrument was executed on behalf of the City. �,�t"'i�"'.�e''.e,�r�.../�'.='.s;�-c,r'r;vwe':� , t � r � /� �� 7 � "``"'�'' � Notar Public �� ,`�;��i� ��"�.UQ 1GE Y ��`'��a� � i,' . ',l��Li�.;-MI!�1NESOTA �' �y '�� m�,i;;ior�E;;p:res Jan.3t,2010 t`<�'�-�-s"�.-��_��_.._.._.��::�y.�.- :_��-��- Page 4 of 5 � o� 0 0 C ITY of ORONO � ;. � ti �'',�� G'�' RESOLUTION OF TH5 C�I�9 OUNCIL `9kESI'L�4 NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of � -�� .� � , 2006 Uy Steven R. Sundby, husband of Jaiula S. Sundby. '? ` , �, ,,.� .-:«�.::,�:, ; ,. �t � � DENISE M. LESKINE�� '' ,' .� . NOTARY PUSLIC-MINNESOTA ;' (�'/��r''!�i�r_ -'* ` .,��,;;.'. My Commission Expires Jan.31,ZO10 �. � f ,�,��,�a� Notary Public ��-.-�. _ STATE OF MINNESOTA COUNTY OF HENNEPIN �, This instnimeiit was aclaiowledged before me this �_day of �'.;�'��'- t�i%� , 2006 by Janna S. Sundby,wife of Steven R. Sundby. , i . r f ,._','`, ! - •'� _ � , �`� '��.,�/�yv, �� ENISE M.LESKINEN Notaiy Public ��( NOTAR'f PUBLIC-MINNESOTA 4 My Commission Expires Jan.31,2010 , ,��.• :�.ay��`t.;•.•_'. 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