HomeMy WebLinkAbout#4763-variances-2002 �'�o\
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'C� �,~'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRAI�ITING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIOl�' 10.2�, SUBDIVISION 6 (B); SECTION 10.22,
SUBDIVISIONS 1 AND 2; SECTION 10.56,
SUBDIVISION 16 (L) 1 AND 2; SECTION 10.55, SUBDIVISION 8;
AND SECTION 10.61, SUBDIVISION 5 (A)
FILE NO. O1-2751
� WHEREAS,Mark Welch,(hereinafter"the applicant")has an interest in the property
by a Contract for Deed,and Robert Eberle and Colleen Eberle,are owners(hereinafter"the owners")
of the property located at 3625 North Shore Drive within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 9,Auditor's Subdivision No.263,Hennepin County,Minnesota(hereinafter"the
property"); and
`�HEREAS, the applicant has applied for variances to Municipal Zoning Code
Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8 and Section 10.56, Subdivisions
16 (L) 1 and 2 to permit 615 s.f. (16.4%) hardcover in the 0-75' lakeshore setback where 660 s.f.
(17.6%) hardcover exists and no hardcover is allowed, and to permit 884 s.£ (51.6%)hardcover in
the 7�-2�0'setback where 932 s.f.(54.4%)hardcover e�cists and 428 s.f.(25%)hardcover is allowed;
Section 10.2�, Subdivision 6 (B) to permit new construction on the lot with a defined lot area of
�,�62 s.f. �vhere 21,780 s.f. is required and a lot width of 50' where 100' is required, and to permit
a side yard setback of 5'for the house where a 10'setback is required;and Section 10.61,Subdivision
5 (A) to permit one off-street parking space to be located 3' from the adjacent property line where
off-street parking in "R" districts is required to be set back 10'; and
`VHEREAS, after due published notice and mailed notice in accordance with
vlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2002, at which time all persons desiring to be
heard concerning this application��-ere given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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FINDINGS
1. This application was reviewed as Zoning File#02-2751.
2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zoning
District where%z acre is the minimum lot size and 100 feet is the minimum lot width.
The property is 5,462 s.f.(absent the traveled portion of the shazed driveway)and has
a lot width of 50'.
3. The Planning Commission reviewed the application for vaziances and recommended
approval by a vote of 6 to 0 based on the following findings and hardships:
A. The City of Orono has routinely granted variances to lot area and lot width
for redevelopment on non-conforming lots in the City. The property does
meet the criteria that is normally considered when reviewing such proposals.
The property is connected to sanitary sewer and the house would be located
in an area above the regulatory flood plain.
B. Overall hardcover on the property would decrease.
C. The land elevation is about 4' higher than the ordinary high water level of
Lake Minnetonka. The lot cannot accommodate a basement.
D. The new house is proposed to be located 53'from the lakeshore where a 75'
setback is required. Both adjacent houses are within 50' of the lakeshore.
The new house is located to meet the minimum 50' lakeshore setback as
required by the DNR. DNR staff has reviewed the plans and stated they do
not have any requirements on the development based on the building being
located outside the 50' setback.
E. The house proposed cannot meet a 75' setback due to the location of the
shared driveway access on the property. The house is located to within 2'of
the edge of the drive.
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F. The 5' side setback has been requested to provide one additional pazking
space on the property. The Zoning Code requires residential properties to
have 2 off-street pazking spaces. To accommodate a second parking space
next to the house, a side setback variance is required because the house is
shifted towards the west side property line. The pazking stall must be located
between the house and side property line due to the shared driveway located
behind the house. The driveway is narrow and permanent pazking within the
driveway azea would block through traffic.
G. No parking is available on the opposite side of the shazed driveway as the
land immediately begins to rise to the elevation of North Shore Drive.
H. A typical parking space in a commercial area is 9' X 20' in size. The
proposed parking area would be approximately 10'X 20'. �
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 will not adversely affect traffic conditions,light,air,nor pose a fire hazazd
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.
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 effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55,
Subdivision 8 and Section 10.56, Subdivisions 16(L) 1 and 2 to permit 615 s.f. (16.4%)hazdcover
in the 0-7�'lakeshore setback where 660 s.f.(17.6%)hardcover exists and no hazdcover is allowed,
and to permit 884 s.f. (51.6%)hazdcover in the 75-250' setback where 932 s.f. (54.4%)hardcover
eYists and 428 s.f. (25%) hardcover is allowed; Section 10.25, Subdivision 6 (B) to permit new
construction on the lot with a defined lot area of 5,462 s.f. where 21,780 s.f. is required and a lot
width of�0'where 100'is required,and to permit a side yard setback of 5'for the house where a 10'
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setback is required; and Section 10.61, Subdivision 5 (A)to pernut one off-street parking space to
be located 3' from the adjacent property line where off-street pazking in"R"districts is required to
be set back 10' subject to the following conditions:
1. Drainage and Utility easements shall be provided 10' along the north property line
and 5' along the interior property lines.
2. The existing shed and all hazdcover proposed for removal is completed prior to a
^final inspection.
3. Gravel shall be removed from the pazking area to leave a minimum 3'setback to the
property line.
4. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is
properly directed.
5. The properry shall be developed in conformance with the site plan attached as Exhibit
A.
6. Authorities granted by the variances run with the property not with the applicants,but
are permissive only and must be exercised by application for a building permit within
one year of the date of Council approval,or these variances will expire on that date
(February 25,2003).
7. Violation of or non-compliance with any of the terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned owners have read,understand and hereby agree to the terms of this
resolution and on behalf of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the Chain of Title of the property.
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Adopted by the City Council of the City of Orono,Minnesota at a regular meeting
held on the 25th day of February, 2002.
ATTEST:
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Linda S. Vee, City Clerk Barbaza A. Peterson, Mayor
Fee Owners
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Applicant
STATE OF MINNESOTA
COUNTY OF HEN�IEPIN
The foreaoing instrument was acknowledged before me on this 25th day of February,2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
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ALISSA A.WINTERNHE(MER
ST'ATE OF MINNESOTA NornRYPuauc-MINNESOTA
COUNTY OF HENNEPIN ���vires,�an.3�,2006
The foregoing instrument was acknowledged before me on this �� ' � day of
�(��C l� ,200 � 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.
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Notary Public
G�i�1SE M.LESKINEN
NOTARY PUBLIC-hqNNESOTA
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
Onthis ~�'dayof �'Y1c2t�'►�� ,20C�1, fYk1r u 1��.�1 ir� -�.
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personally appeared before me,
who is personally known to me
�� whose identity I proved on the basis of 1�� 1` -'!�l—
whose identity I proved on the oath/affirmation , a credible
wifness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/th�� ���"�' -
'� RACHEL DODG� ` ����� I,.,J�!j�--A._
NOTARY PI�IC•I�dNE^OTA
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STATE OF __ _
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COUNTY OF
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On this�day of ,Q-A��(_., , 20�, !�G ci�eT' G—g�e1.�
personally appeared before me,
who is personally known to me
�/ whose identity I proved on the basis of FLv2��a ���vF�s 1-ce..�ri�e
whose identity I proved on the oath/affirmation , a credible
witness
and who executed t e f,�r oin���}��ac owledged that he/she/they executed the
same as his/her/thei f� and,d�c�:;�,�•1;Y CC 656167 �
'r��i`�'�' S::i:;iitt�'r;:�.:I!9,'_'003 �
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c�o,�, Notary P blic
STATE OF
COUNTY OF H��P�AT
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On this �t 3 day of_,�-p,e�L , 20 U� CU���11 L 4eeu:
personally appeared before me,
who is personally known to me
_� whose identity I proved on the basis of F�o��Fr- �,2���5 �cdnse-
whose identity I proved on the oath/affirmation a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
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