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. -,,, � <br /> . ;;- ': . <br /> Clt� o� ORONO <br /> � RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2319 <br /> � <br /> " • � • • <br /> A RESOI�DTION DENYIIdG <br /> A VARIANCE TO <br /> MONICIPAL ZONING CODE <br /> SECTION 10.22, SIIBDIVISION 1 (B) <br /> FILE NO. 1199 <br /> WHEREAS, Richard & Gay KeI Iy (hereinafter "the applicants") are <br /> the owners of the property located at 425 Oxford Road within the City of <br /> Orono (hereinafter "City" ) and legally described as Lot 2, Block l, <br /> Stielows 2nd Addition, Hennepin County, Minnesota (hereinafter "the <br /> property") ; and <br /> WHEREAS, the applicant has applied to the City for a variance to <br /> Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow the <br /> construction of a new residence that would encroach 65 feet into the <br /> average lakeshore setback area where no encroachment is allowed. <br /> NOW, THEREFORE, BE IT RESOLVED the City Council of Orono, <br /> • Minnesota hereby denies the variance application of Richard & Gay Kelly as <br /> proposed based on one or more of the following findings: <br /> FINDINGS <br /> l. This application was reviewed as Zoning File #1199. <br /> 2. The property is located in the LR-lA Single Family Lakeshore <br /> Residential Zoning District and subject to the standards that govern <br /> the development and use of all Iakeshore properties. <br /> 3. The property consists of approximately two ( 2 ) acres in area and <br /> contains 230 feet of shoreline along Lake Minnetonka, <br /> 4. The property consists of moderate, level topography. There is no <br /> unique physical feature of the land within the defined building <br /> envelope that would inhibit residential construction. <br /> 5. The applicants have stated that to place the house at the average <br /> setback I.ine would necessitate the removal of large, mature trees and� <br /> original Iandscaping planted with the orignal residence. Staff has <br /> demonstrated that the majority of these plantings will be saved if the <br /> house is placed behind or at the average setback line. <br /> 6. The applicants have asked that the house be allowed to be rebuilt <br /> within bui lding pad area of origina l house. The origina l house was <br /> • 1/6th the size of the proposed house and was removed prior to <br /> construction of existing residences or adjacent lots and as a result <br /> was never considered in the defining of the average lakeshore setback. <br /> . Page 1 of 2 <br />