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Home My WebLink About#4714-variances/CUP-2001 . w / / O-� / � � /O O �-b - , � �� CITY of ORONO �, ti l; � �,'�' ' RESOLUTION OF THE CITY COUNCIL t�sH� No. 4 � 1 � A RESOLUTION GRANTING VARIANCES TO MiTI�"ICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9; SECTION 22, SUBDIVISION (1), SECTION 10.56, SUBDIVISION 16 (L) (1), Ati'D A CONDITIONAL USE PERMIT AND VARIANCES PER SECTION 10.03, SUBDIVISION 9 (F) FILE NO. #01-2728 `VHEREAS, William Stoddard and Laura Stoddard (hereinafter "the applicants") are o��ners of the property located at 4365 North Shore Drive �cithin the City of Orono (hereinafter "the City") and legally described as follo��s: The East Half of Lot 5, Lot 6, and the West 17 feet of Lot 7, Block 18, "Saga Hill Revised, Hennepin County, Minnesota." (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plannin� Codes, the Orono Plannin� Commission held a public hearinb on October 15, 2001, at �vhich times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and �VHEREAS, the applicants have applied for variances to the City to Municipal Zoning Code Section 10.03, Subdivision 9 to permit an accessory building to remain on the property durin� the construction of a ne�v principal building, Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 L (1) to permit the eYisting 381 s.f. boathouse and landing to remain within the 7S setback to the OHWL of Lake Minnetonka, �vhere no hardcover �s allo«-ed; and applicants have applied for a conditional use permit to Section 10.03, Subdivision F to pernlit a "plumbing in accessory building - CUP" converting the eYisting principal resid�ntial building to an accessory building and variances to permit the CUP for a building 6' from the side lot line and 16' from the platted street property line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was re��ie�ved as Zoning File #01-2728. 2. The property is located in the LR-1 B (1 acre) One Family Lakeshore Residential Zoning District. Page 1 of 7 . . . . // O � � O O �� - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9k'ESfI04'� NO. 4 7 1 � 3. The Orono Planning Commission reviewed this application on October 15, 2001 and recommended approval on a vote of 5 to 0 for variances based upon the following findings and hardships: A. The property is a "record lot" per Resolution No. 4424 when a lot line rearrangement with the adjacent lot located at 4345 North Shore Drive was approved. B. The existing house and boathouse were constructed prior to the adoption of the current zoning standards. The boathouse is very old, of unique design, and has been well-maintained. It cannot be readily relocated to a confornung location without destroying it. C. The property owners have proposed to construct a new house on the property. The lot has an existing house, detached garage and boathouse. A variance is required to permit the 16' X 23.8' boathouse to remain on the property. D. The existing house is not proposed to be removed, but would be converted into an accessory building to the new house. The existing house would be resized to meet a 16' setback to the platted property line. This would be done by removing a three season porch and part of the structure leaving a building 23' X 34', over the original foundation. E. The second part of the application is for a conditional use pernut for "plumbing in an accessory building". The building that is the current residential structure would remain on the property with plumbing fiYtures in place, however the kitchen would be removed from the building. F. In 1998 Council adopted an ordinance that allowed plumbing in an accessory building subject to a conditional use permit. The building would also require variances for location. The building is located 5:4' from the west properry line where a 15' setback is required, and would be 10' from the street lot line where a 30' setback is required. A 15' setback is required for accessory buildings greater than 750 s.f. q Page 2 of 7 t ♦ r � i //-� /� O� O O ��b CITY of 4RON0 � � �� ~' RESOLUTION OF THE CITY COUNCIL �9xESH04'� NO. � "Y 1 � G. The total hazdcover within the 75-250' setback is 4,724 s.f. (23.6%) where (25%) is allowed. No additional hardcover variances have been requested. 4. 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 and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or ot�ier danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hazdship 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. 5. The City Council has considered this application including the fmdings 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 welfaze of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 to permit an accessory building to remain on the property during the construction of a new principal building, Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 L (1) to permit the existing 381 s.f. boathouse and landing to remain within the 75' setback to the OHWL of Lake Minnetonka, where no hardcover is allowed; and applicants have applied for a conditional use permit to Section 10.03, Subdivision F to permit a "plumbing in accessory building - CUP" converting the eaisting principal residential building to an accessory building and variances to permit the CUP for a building 6' from the side lot line and 16' from the platted street property line, subject to the following conditions: 1. The second lake access stairway and retaining walls within 75' of the lakeshore shall be removed, as shown on the attached site plan - Exhibit A. 2. The deck located on the existing house shall be removed. Page 3 of 7 �� O� O O ��. CITY of ORONO � ' ti �� G~' RESOLUTION OF THE CITY COUNCIL �9�ESIIOg'� NO. 4 � 1 � 3. Prior to occupancy of the new residence the accessory building with plumbing shall be resized to 23' X 34' over the original foundation. The building shall be sided and finished to be architecturally hannonious with the new principal residence. . �. The following conditions shall control the use of the wastewater plumbing within the accessory building: A) The accessory building shall not be used for a home occupation unless specifically approved by fhe City or if allowed by City code. B) The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. �. Authorities granted by this variances and conditional use. permit 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 this variance will expire on that date (October 22, 2002). 6. Violation of or non-compliance with any of the terms and conditions of this variance and conditional use permit 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 applicants 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. Page 4 of 7 �1--- � O� O O ��s CITY of ORONO � � �� G�' RESOLUTION OF THE CITY COUNCIL �`9�fEgg� NO. _ � �' ,� � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of October, 2001. ATTEST: . � � inda S. Vee, City Clerk Barbaza A. Peterson, Mayor G�L"'`��✓ �lv�, ,(�-. Prope Owners STATE OF MINNESOTA COUNTY OF HENNEPIi�1 �� The foregoing instrument was acknowledged before me on this �d day of October, 2001 by Bazbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE L/'��' � �� NOTARY PUBUC-MlNNE^OTA . `�`��—'` �CC-��'��— � n�►y comr�,�s�o��a�s r�•3�,z�s Notary Public .�;.. STATE OF MINNESOTA COUNTY OF HENNEPIN �,.��;�1, The foregoing instrument was acknowledged before me on this�2"d day of October, 2001 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. y�.�.�.�.f .�-•.:N.ai �. /n / l RAC�iELDODGE . �:�c �� cYP� i� rao-raaRY Pueuc•�:�A Notary Public � ��',�..�'ah� �qy�Exphes Jan.31,?AOS �' Page 5 of 7 �---- � O� O O �� - CITY of ORONO � � �� p'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4'� NO. 4 ?' 1 � STATE OF MINNESOTA COUNTY OF HENNEPIN On this �5th day of �ctn b e Q , 20v I , GJ,'1/�'a .�, 5 f v �'4 ,e� vn Q,Q,�;e�. personally appeared before me, who is personally known to me whose identity I proved on the basis of �--whose identity I proved on the oath/affirmation �,'N ✓e P, C/P2,� , 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. � � :-�:, MAP,Y ANN JOHNSON ��,� C�� '�� NOTARYPUBUC•MINNESOTA � ;,,::'� �r ca��v►�es,�.3�,� Notary ublic �. STATE OF MINNESOTA COUNTY OF HENNEPIN On this c, L'� ``_�/�-��i�� < �)Gf'a��t:��' �� day of �C�C��..F�Z , 20 , Z , /�-Y.��'r��:� personally appeazed before me, who is personally known to me _� whose identity I proved on the basis of_1�'7 9l: ,�� whose identity I proved on the oath/�rmation , 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. RACHEL DODGE L-��,:_�f � C �>c:�(C'� T,." 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