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Home My WebLink About#4834-variances-2002 .r • ' .Y;�,� ��r,=:� ., � . O� . � • O �, O . � ^ C ITY of ORONO ' � ,y :• . �� . . " .�L �G RESOLUTION OF TH� C�I�Y�COUNCiL �kESfI�4 NO. A RESOLUTION GRANTING VARIANCES � ` TO MUNICIPAL ZONING CODE � SECTION 10.22, SUBDIVISION 2;SECTION 10.56, SUBDIVISION 16 (L); AND � _ � SECTION 10.55, SUBDIVISION 8 FILE NO. 02-2791 WHEREAS,David Rahn and Jodi Rahn,(hereinafter"the applicants")are owners of the property located at 1385 Rest Point Road within the City of Orono (hereinafter "the City")and legally described as follows: Attached"Exhibit A" (hereinafter "the property"); and WHEREAS, the applicants submitted an application requesting variances to • Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 1,314 s.f. (19.5%)hardcover inthe 0-75' lakeshore setback,where 1;316's.f.(19.5%)exists, and no hardcover is allowed, and to permit 2,003 s.f. (25.3%) hardcover in the 75-250' lakeshore setback, where 1,295 s.f. (16%) exists and 1,978 s.f. (25%)�is allowed; and variances to Section 10.55, Subdivision 8 to permit an addition to the existing house 70' from the lakeshore where a 75' setback is required; additions to the existing residence include a 24' X 24' attached garage and � enclosed walkway; and WHEREAS, after due published notice and mailed notice in accordance with � Minnesota Statutes and the City of Ororio Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 15, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2791. � ,� Page 1 of 7 � o� � • o ,, o g r CITY of ORONO . ,� ,, , �, . .;-. ti �'� G�' RESOLUTION OF THE CITY COUNCIL ��kESI3�4� � NO. �: � `� � 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: A. The lot was platted prior.to current zoning standards. B. Continued use of the property as residential is consistent with the zoning district and with the development of the surrounding properties. C. The City of Orono had approved variances in 1997 and 1998 to allow complete remodeling and additions to the existing cabin on the property,and approved variances to permit construction of the existing detached garage. • D. The restrictions placed on the existing garage have created a very unsafe situation for vehicles backing out of the driveway are blinded from view to oncoming traffic. Rest Point Road is a very narrow road that has a steep hill immediately west of Rahn's driveway. E. In October, 1998 (after final review of the 1997 and 1998 variance applications) Jim Hafner, District Technician for the Minnehaha Creek Watershed District, visited the site and made a finding that the area on the properry below the 931.5' elevation was,in fact,not directly connected to the 100 year floodplain of Lake Minnetonka. Prior to that the area was believed to be protected and development had occurred around that portion of the property. . . � F. The driveway access to the existing garage would�be removed to eliminate a second driveway access to the property. 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 will 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 applicants,but is necessary to alleviate a demonstrable hardship 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. Page 2 of 7 . 1 � O� • O �. O -� g � CITY of ORONO � � -,.�.. � ti RESOLUTION OF THE CITY COUNCIL �L`9k'ESI3.�g'�G � NO. � � � � � 5. The City Council has considered this application including the findings 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 welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants � variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 1,314 s.f. (19.5%) hardcover in the 0-75' lakeshore setback, where 1,316 s.f.(19.5%)exists,and no hardcover is allowed and variances to Section 10.55, Subdivision 8 to permit an addition to the existing house 70' from the lake.shore where a 75' setback is required; additions to the existing residence include a 24' X 24' attached garage and enclosed walkway, subject to the following conditions: . 1. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is • � properly directed.�Final plans include providing a new survey indicating all existing and proposed grade levels`as well as all proposed site changes. All such drainage is required to be directed to the low area of the property. 2. The property shall be developed in general conformance with the site plan attached as Exhibit B, including removal.of.all hardcover as noted on the site plan. 3. Tlie garage shall be converted to a storage building by eliminating the full sized garage door to the second level of the building. The driveway entrance to Rest Point Road shall also be eliminated. Tlie intent is to ensure the upper garage level would not be used for regular parking of vehicles and the area of the removed driveway will not be used for driveway purposes and remain natural ground surface. Such approval shall be subject to approval by staff. 4. Final hardcover for this property is approved at 1,314 s.f.within the 0-75' lakeshore � setback and 1,923 s.f. for the 75-250' lakeshore setback. It is the intent of this Council that any request adding hardcover or converting non-structural hardcover to structural hardcover would not be looked upon favorably. S. Authorities granted by the variances 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 these variances will expire on that date - (July 22, 2003). � Page 3 of 7 � � o,�,. � • o , �o . �-�� CITY of ORONo � � ,. � ,,; . � RESOLUTION OF THE CITY COUNCIL ��l . ��'~ � � `�kESI304 . NO. � � 6. Violation of or non-compliance with any of the terms and conditions ofthe variances 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 owners 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting � . � held on the 22nd day of July, 2002. ATTEST: , � �/.21L� � • Linda S. Vee, City Clerk . Barbara A. Peterson, Mayor � �' � � Applicants STATE OF MINNESOTA COUNTY OF HENNEPIN � f�� The foregoing instrument was acknowledged before me on this�lnd day of�y, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , 1��-�-��5 RACHEL DODGE � ��,//� � �'��:�'= NOTARYPUDLIC-MINNE^OTA � i'iY/U�—/� � `.;'�., My Commission Expires Jan.31,2045 Notary Public ;T�. _ ��c, COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �`�� day of ��c,�q u/l-� , 200�_by Linda S. Vee, City Clerk of the City of Orono, a Minnesota � municipal corporation and said instnunent was executed on behalf of the City. �"�=`-'"��` ,C��..�.�'� ��1� • , �� RF,CHEL DODGE � ¢ •.� NOTARY FUBLIC-MINNE?OTA Notary Public '�,�y� My Commissian Exp(res Jan.31,20U5 . t Page 4 of 7. , , �� • O , O � , - �. C ITY of ORONO ,� : ,, . �, . ; ., . �, �'�� G'�' RESOLUTION OF THE CITY COUN�CIL � `gkEsII04 NO. � � °�i STATE OF MINNESOTA COUNTY OF HENNEPIN On this Iafh day of�e e �ere ,20 0� �od.% RQ�n, rm 0. re.�2r'�� personally appeared efore me, � who is personally known to me r/ whose identity I proved on the basis of /�l/,/ � L whose identity I proved on the oath/affirmation , 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. .,�:s; MAPY ANN JOHNSON • .=:�'��: NOTARY PUBUC-MINNESOTA :e::�.�.3� , .a:;. ARp CC�11mbs1oD Expires Ja►1.31,2D05 Notary Pub 'c • STATE OF MINNESOTA � � � COUNTY OF HENNEPIN � On this L�day of � - , 20�2, ��UiC� (,c� ��r�n � 1'Vlc��c�,�c� ��personally appeared be ore me, � who is personally known to me ✓ whose identity I proved on the basis of �,N ��- whose identity I proved on the oath/affirmation , 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. � � � Notary Public CcN1SE M.LESKWEN MY OT��E�'1a�31��5 . • Page 5 of 7 , ' Exhibit A �� • �. • ' . . � . � ' . LEGAL DESCRIPTION OF PREMISES: Lot 23, and ali that part of Lots 15 and 22, and adjacent vaca#ed alley, Subdivision of Lot 14, Rest Point PQrk, Lake Minnetonka, lying Southerly of the following—described line: Beginning at a point on the Southeasteriy line of said __ Lot 15, distant 75 feet Northeasterty from the Southeast— erly corner of said Lot 23; thence Northwesterly to the � Southeasterly corner. of said Lot 22; thence Northwesterly on a line forming an an le of 74 de rees 55 minutes with the Easterly line of said9 Lot 22, to �he shore of Lake Minnetonka, and there ending. ' � . �:. � � . Page 6 of 7 J • "y , Exhibit B � � � � � -�� - - _'�� AK�' M�N ET . `*'�,� N oryKa ! ��''- �� ' ~� � r ``� / �+ 1 � 4 �{� . � �� r�'°" '' / `� ;� • �"o --------93'.5_C�T _^tr- -�-_�__________r--__ ` � � �/ v '__'_---__ i � � �� i � � � � + 1~'- - � � � i �. 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