08-12-1996 Council Packet - Laserfiche WebLink

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WHEREAS, on July 22, 1996, all five City Councilmembers were present and a motion to adopt the approval resolution failed on a vote of 2 ayes, and 3 nays; and WHEREAS, the City Council subsequently voted 5 to 0 to table the application in order that applicant be granted an opportunity to consult with his attorney on this change of direction by the Council; and WHEREAS, the City Council on August 12, 1996 again reviewed the application and the comments by the applicant and applicant's attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the variance application described above based on one or more of the following findings of fact concerning this property: FINDINGS 1.The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District and has an area of approximately 18,000 s.f. or 0.41 acres. The zoning district requires 21,780 s.f. or 1.0 acres in area. 2.Pre-existing improvements to the property include a residence structure, sidewalks, paved driveway, lakeshore stairway and landing, and other miscellaneous landscaping hardcover, comprising in total 5,037 s.f. of hardcover (43.5%) in the 75-250' hardcover zone where only 25% hardcover is normally allowed, and 315 s.f. of hardcover (4.9%) in the 0-75' zone where no hardcover is normally allowed. The property was the subject of a previous variance application in 1991 which approved hardcover in the 75-250' zone of 5,080 s.f. That approval was granted via City Council Resolution No. 2955 which included the following condition; "2. The City will approve no further encroachment of the principal structure (this includes decks) within the lakeshore yard." Resolution No. 2955 also contained the following finding: "E. The Planning Commission finds that existing drive provides the necessary safety level for vehicular use on a busy County road." Page 2 of 5