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City of OROIVOCITYOFORONORESOtUTIOM OF THE CITY COUNCIL NO. 1718-B <br />GRANTING A VARIANCE TO MUNICIPAL ZONING CODE <br />SECTION 10.25, SUBDIVISION 6 (B) <br />PILE 1874 <br />WHEREAS, Mrs. Donald Johnstone and Duane Barth <br />(hereafter *the applicants") have an interest in the property <br />located at IBIO Shadywood Road within the City of Orono <br />(hereinafter "City") and legally described as follows: <br />Lot 22, Shadywood (hereafter "property"), and <br />WHEREAS, the applicants have applied to the City for a <br />variance to Municipal Zoning Code Section 10.25, Subdivision 6 <br />(B) to allow a side setbacic of 3.1 feet for an existing house <br />where a 10 foot side setbacic is required. <br />NOW THEREFORE BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. This application was reviewed as part of zoning file no. <br />874. <br />2. The property is located in the LR-IC Single Family <br />Lakeshore Residential Zoning District. <br />3. The property is 17,200 square feet in area, has a lot <br />width of 60 feet, and contains an existing house. <br />4. The existing house is located 3.1 feet from the north <br />side property line and 57 fe^t from the shoreline of Lake <br />Minnetonka. <br />5. This house and the proposed house expansion and <br />improvements to the property can meet the hardcover <br />requirements in the 75-250 foot lakeshore setback zone. <br />ۥ Because of the required 75 foot setback, the building <br />proposed for the ad;)acent Lot 21 will maintain at least a 20 <br />foot separation distance between the existing house on Lot <br />22 and the proposed house on Lot 21. <br />page 1 of 3 <br />wm city of ORONOVrClTYOFORONORESOLUTION OF THE CITY COUNCIL NO. _1718-B <br />7. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the aplicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council <br />hereby grants a variance to Municipal Code Section 10.25, <br />Subdivision 6 (B) to allow a side setback of 3.1 feet for the <br />existing house at 1810 Shadywood Road where a 10 foot setback is <br />rrqnjjrdi iiih jaat i in the fipnilKMiTTTlin I inji i <br />1. Maximum hardcover allowed on the property shall be 2,775 <br />square feet.____________ ______ <br />2. All future improvements to the property shall meetthe <br />current performance standards of the LR-IC Zoning District. <br />In addition, any extension westerly of the north wall of the <br />existing house must meet the 1C foot side yard setback <br />requirement. <br />3. Applicant shall obtain a Hennepin County driveway access <br />permit prior to construction of a new driveway to serve this <br />property. <br />4. Authorities granted by this variance run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (January 14, 1986). <br />page 2 of 3 <br />$ CP <br />8. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />j <br />5^