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Home My WebLink About#5612-amending #5570-2007 � � O� O �� O �� . CITY of ORONO � � ti �� G�' RESOLUTION OF THE CITY COUNCIL L`�kEsKo4� rvo. 5 6 1 � A RESOLUTION AMENDING RESOLUTION NO. 5570 FILE No. 06-3245 WHEREAS, Michael and Karen Maney, husband and wife, (hereinafter "Owners") are the owners of the property located at 3605 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Lots 11 and 12, Auditors Subdivision No. 273, Hennepin County, Mirulesota(hereinafter "the property"); and WHEREAS, for the purpose of adding a second story to the existing residence the Owners made application to the City for a variance to Municipal Zoning Code Section 78- 1279 to allow a lakeshore setback of 42 feet when 75 feet is required and a tluee-foot encroachment into the average lakeshore setback; and WHEREAS, for the purpose of replacing the existing detached garage and shed with an attached garage and adding a second story to the house the Owners made applica±ion to the City for a variance to Municipal Zoning Code Section 78-350 to allow a private street setback of 0.0 feet when 30 feet is required; and WHEY�AS, for the purpose of constnicting an attached garage, a decorative wing wall and an oversized overhang the Owners made application to the City for a variance to Municipal Zoning Code Section 78-1403 to allow structural lot coverage of 22.9 percent when 15 percent is allowed; and WHEREAS, for the purpose of adding an attached garage and decorative wing wall to the existing residence the Owners made application to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 16 percent hardcover in the 0 to 75 foot zone when none is allowed and to allow 61.4 percent hardcover in the 75 to 250 foot zone when 25 percent is allowed; and WHEREAS, on January 22, 2007, the City Council adopted Resolution No. 5570 grar�ting these variances for purposes of adding a secor�d story and attuched garage to the existing residence; and WHEREAS, in reviewing the plans submitted for a building permit Plaruiing Staff found the plans called far removal of all the existin� structure except the perimeter foundation and on April 3, 2007 Planning Staff denied the permit application on the basis the tivork proposed was beyond the scope of the variance approval; and Page 1 of 3 , r�� O� O O � � CITY of ORONO ti �� G~' RESOLUTION OFCT�yE-:�`F�Y COUNCIL `�k,EggO�' NO. J d I � WHEREAS, on April 23, 2007, the City Council heard testimony from the Owners, their representative, and City Staff regarding the situation. NOW, THEREFORE, SE IT RESOLVED by the City Council of Orono, Minnesota: FINDING5 1. The proj ect should now be categorized as a"rebuild"rather than an"addition". 2. The property is located in the LR-1C zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The property is 0.22 acre in area, 92 feet in width and 90 to 110 feet in depth. Because of the size and shape of the lot it would be virtually impossible to construct a house on the lot without lakeshore and street setback variances and hardcover variances. 3. While the existing perimeter foundation is supported by pilings and grade beams, it will be possible to add needed additional pilings to the existing foundation system rather than replacing it. The additional course of block will facilitate proper drainage away from the foundation. 4. This property and others are served by a private roadway that also provides the only access for emergency vehicles. The new garage will be placed so ths width of the private roadway/fire lane at its narrowest point is increased from 15.2 feet to 18 feet. 5. The second story will resemble a half-story. Viewed from the lake the remodeled house will have less mass than a new 2%z story house constructed without a lot coverage variance. The portion of the house that encroaches on the average lakeshore setback will be changed from an enclosed room to an open porch. 6. The Owners intend to build the house as approved by Resolution No. 5570 adding only a course of block to the existing foundation. Page 2 of 3 . � � • . � O� O O � � � CITY of ORONO ti �� G~' RESOLUTION OF THE CITY COUNCIL `�x'EsKo¢ No. 5 6 1 2� CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby amends Resolution No. 5570 to allow the reconstruction of the house. Resolution No. 5570 otherwise remains in force. Adopted by the Orono City Council on this 14th day of May, 2007. ATTEST: " w �/ ,�. �� Linda S. Vee, City Clerk es M. White, Mayor C \/� ' ' ` Michael Maney Karen Maney STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was aclaiowledged before me this �7'day of /I?� , 2007 by Michael Maney,husband of Karen Maney. LINDA S. VEE �� ,/�� NOTARY PUg�IC-MINNESOTA l� �I��`�� My Commission Expires Jan.31,2p1p Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Y Ci�:(9/ This instrument was acknowledged before me this�day of , 2007 by Karen Maney,wife of Michael Maney. AARON D.JONES • • Notary Public-State of Minnesota My Commission Expires t3Ty 1C �••'* January 31,2012 Page 3 of 3