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Home My WebLink About#2409-variances/CUP-1988 , M' ' (JJ 1 WI I � "`' clty o� oR,oNo RESOLUTION OF THE CITY COUNCI� • NO. 2409 � • • A RESOLIITION GRANTING VARIANCES TO SECTIONS 10.22, SDBDYVISION 1 � 2, 10.25 SOBDIVISION 2, & 10.55 SDBDIVISION 8, � GRANTING A CONDITIONAL DSE PERMIT, PER SECTION 10.55, SDBDIVISION 10, & DENYING A VARIANCE TO SECTION 10.25, SDBDIVISION 6B FILE #1258 WHEREAS, John and Kathy Ehlert, (hereinafter "the applicants") are the owners of the property located at 1785 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 9 & 10 , Coffees Addition to Shady Wood, Hennepin County, Minnesota, hereinafter "the property"); and WHEREAS, The applicant has made application to the City of Orono to permit the construction of an addition to the existing residence, requiring variances to Sections 10.22, Subdivision 1 & 2, 10.25 Subdivision Z and 10.55 Subdivision 8, for structual additions and hardcover less than 75' from the lakeshore, a Conditional Use Permit and variance per Section 10.55, Subdivision 8 & 10 for construction within a designated Flood Fringe area, and a variance to Section 10.25, Subdivision 6B to al low construction of an attached garage less than 10 ft from the side lot line. NOW, TH$REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1258. 2. The property is located in the LR-1C Single Family Lakeshore Residential zoning district. 3. The property is approximately 0. 95 acres in area. 4. The �rono Planning Commission reviewed this application on March 21,1988 and made the following recommendations on a vote of 4 Ayes and 0 Nays: Page 1 of 5 r , � clty of oR,oNo RESOLUTION OF THE CITY COUNCIL • NO. 2409 • ' . • A) Recommended denial of a variance to Section 10 .25 , Subdivision 6B for attached garage side setback, finding that the requested variance if approved would exacerbate an existing substandard setback situation that already has an existing negative impact on the neighboring affected property. B) Recommended approval of the proposed hardcover increase of 43 s.f. in the 0-75' lakeshore setback zone, resulting in a 0-75' hardcover increase from 7.2$ to 7.6�. The Planning Commission found that hardcover in the 75-250' and 250-500' set back zones conforms with the allowable hardcover percentages. C) Recommended approval of variances to allow encroachment into the 75' lakeshore setback zone, finding that the existing residental structure ranges in distance from 61' to 71' from the shoreline, and the proposed addition would extend from the 71' setback point to a point approximately 76' from the shoreline, resulting in 43 s.f. of additional structure within the 0-75' setback zone. � � � D) Recommended approval of excavation, structure and grading within the 931.5' Flood Fringe area, finding that the proposed encroachment will not create added danger to life or property due to increased flood heights or velocities, the proposal does not increase any hazards to water supply or sanitation systems, and the proposal has taken into consideration all factors of Orono Code Section 10.55, Subdivision 12D. Such approval would be conditioned on the crawl space floor elevation being maintained at elevation 931.5' , and that proper erosion controls be maintained during such period that the area is disturbed. 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 danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 � City of ORONO � . RESOLUTION OF THE CITY COUNCIL e NO. 2409 • - • • 6. The City Council finds that granting a Conditional Use Permit to . allow the structure and proposed minor grade changes along the house in the 0-75' setback zone and within the flood fringe will not be detrimental to the health, safety, or general welfare of the public, would not adversely affect light, air, nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values, and finds that the proposed level of use of the property will be in keeping with the intent and objectives of the the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based on one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 & 2 and 10.55 Subdivision 8 to allow construction of an addition that comprises additional structure, hardcover, and grading and filling in the 0-75' lakeshore set back zone where no structure, hardcover, or grading and filling is normally allowed, and grants a Conditional Use Permit per Section 10.55, Subdivision 8 & 10 to allow work within the 0-75' set back zone and work within the f lood fringe area below elevation 931.5' where no work is normally allowed, and denies a variance to Section 10.25, Subdivision 6B, disallowing the construction of an attached garage addition located less than 10' from the side lot line, subject to the following conditions. l. .The attached garage addition, if constructed, shall meet the required 10' side lot line setback. 2. Proper erosion control methods, as determined by the City, shall be maintained during construction. Final grading shall be completed as shown on the approved site plan attached as Exhibit A. 3. Hardcover on the property in the 75-250' and 0-75' zones shall be limited to that hardcover approved with this proposal, per the square footages and percentages listed in Exhibit B attached. Applicant is advised that total hardcover in the 0-250' setback zone exceeds that which would normally be allowed, hence any further proposals to add hardcover within 250' of the lake would not be approved but might approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover. 4. The crawl space f loor elevation shall be maintained at 931.5' or above. Page 3 of 5 clt� o� oR,oNo RESOLUTION OF THE CITY COUNCIL • NO. 2409 • - • • 5. Authorities granted by this resolution run with the property, not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (April 11, i989) . 6. Violation of or non-compliance with any of the terms or 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. 7. The undersigned applicant has read, understood, and hereby agrees to the terms of the resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of April, �� 1988 ,� ; ATTE : ��• . _ .- � o thy M. lin, ity Clerk � Jam s R. Grabek, Mayor h op ty ner(s Page 4 of 5 Cit� of ORONO RESOLUTiON OF THE CITY COUNCIL • NO. 2409 . � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��1 day of (��r�f � , lgg $ before me a Nota y Public within and for said county, personal ly appeared p��.��t�2_ /� . E h �e r�¢� known to me to be the person(s ) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Patricia L. Petersun � NOTARY PUBUC -MINNE30TA NOTARY PUBLIC HENNEPIN COUN� My commiasion exPtres � �- /�- `�3 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this � day of �t;�,��, , 198 g before me a Notary Public within and for said County, personally appeared �� -C'l'� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. a�� G?'� NO ARY PUBLIC Patrtcia L. Petersun ��HENNEPIN COUNTY TA My commissfon expires 7-15-93 �� "�� —� MY COMMISSION EXPIRES Page 5 of 5 EXHIBIT B RESOLUTION #2409 HARDCOVER 0-75 ' Allowed: (Area = 10,050 s.f. ) Existing House 4.5 'x 46 .3' = 208. 3 s.f. " " 8. 5'X 46. 3'X .5 '= 196.8 Existing Deck = 313.5 s.f. *Addition 19 'x 4.5 'x .5' = 42.8 s.f. Total Existing = 718.6 s.f. (7.2�) Total Allowed After Additions = 761. 4 s.f. (7 .6$ ) 75-250 ' Allowed: (Area = 24,475 s.f. ) Existing House 9.8 ' x 18 .6' = 182. 3 s.f. " " 20.2' x 46.3 ' = 935. 3 " " 8.5'x 46 . 3'x .5 '= 196. 8 " " 6 'x 2.8 ' = 16.8 " " 2.85 'x 2.8 ' = 8.0 " " 20.5 'x 10.2 ' = 209. 0 (Remove) *House Addition (22'x 32 ' ) - 43 ' = 661.0 � * " " (22'x 3.5 ' ) - 4 ' = 74.0 * " n 2.5 'X 5 ' = 12.5 Existing Garage 26.8 'x 22.2 ' = 595.0 *Add. Garage 18 'x 22 ' = 396.0 Existing Drive 143 'x 9 ' = 1287. 0 " " 18 . 5'x 31 ' = 573.5 " " 4 ' x 13 ' = 52.0 " " 12 'x 4 ' = 48. 0 " " 5'x 5 'x .5 ' = 12.5 " " 2 'x 4 ' = 8. 0 *Add. Drive 25 ' x 11' = 275. 0 * " " 3 'x 4 ' = 12. 0 Existing ShuffleBoard 5.75 'x 50' = 287. 5 Shed 14. 2'x 10. 2' = 144 . 8 Total Existing = 4556.5 s.f. (18.6� ) Total Allowed After Additions = 5778 s.f. (23.6� ) & Removals 250-500 ' Allowed (Existing) : (Area = 7,069 s.f. ) Driveway = 702. 5 s.f. (9.9$ ) (Total Allowed is 30$ )