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CIT V Of ORONO City of ORONORESOLUTION Of THE CITY COUNat MO. 1T18.B ___ CRAItTIIIG h VARIAHOS TC MDRICIPAL ZOHIfiG CODE SECTlOtl 10.2S* SOEDIVISIOR 6 (B) PILE 1874 WHEREAS, Mrs. Donald Johnstone and Duane Barth (hereafter "the applicants”) have an interest in the property located at 1810 Shadywood Road within the City of Orono (hereinafter "City ”) and legally described as follows: Lot 22, Shadywood (hereafter "property ”), and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow a aide setbac)c of 3.1 feet for an existing house where a 10 foot side setback is required. HOW TBERBPORB BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 874. FINDINGS This application was reviewed as part of zoning file no. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The property is 17,200 square feet in area, has a lot width of 60 feet, and contains an existing house. 4. The existing house is located 3.1 feet from the north side property line and 57 feet from the shoreline of Lake Minnetonka. 5. This house and the proposed house expansion and improvements to the property can meet the hardcover requirements in the 75-250 foot lakeshore setback zone. 6. Because of the required 75 foot setback, the building proposed for the adjacent Lot 21 will maintain at least a 20 foot separation distance between the existing house on Lot 22 and the proposed house on Lot 21. page 1 of 3 I CITY , I Of ■ orono city of OROISORESOLUTION Of THE CITY COUNCIL Na ins-B 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the aplicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Code Section 10.25, Subdivision 6 (B) to allow a side setback of 3.1 feet for the existing house at 1810 Shady%K>od Road where a 10 foot setback is rrninj:niii siilijarf ** ^ ^ 1. Maximum hardcover allowed on the property shall be 2,775 square feet. ___________ ___ 2. All future improvements to the property shall meetthe current performance standards of the LR-IC Zoning District. In addition, any extension westerly of the north wall of the existing house must meet the 10 foot side yard setback requirement. 3. Applicant shall obtain a Hennepin County driveway access permit prior to construction of a new driveway to serve this property. 4. Authorities granted by this variance run with the property not with the applicant, 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 w*ll *plre on that date (January 14, 1986), page 2 of 3