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Home My WebLink About#3636-variances-1995 _ � .. . ��, � O� • O O . �b. - CITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL ��kE H�g'�G NO. e� G � s S A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZO1vING CODE SECTION 10.22, SUBDIVISION 1 (A&B), SECTION 10.22, SUBDIVISION 2, SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.03, SUBDIVISION 14 (C) - FILE NO. 2081 WHEREAS, Patrick J. Walsh and Naucy S. Walsh (hereinafter "the applicants") are the owners of the properry located at 1390 Rest Point Road within the City of Orono and legally described as follows: Lot 4, "Subdivision of Lot 14 Rest Point Park Lake Minnetonka", Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicants have applied to the City for variances to the following Municipal Zoning Code Sections to permit construction of single story f rst floor additions and second floor expansions over the existing structure requiring variances to the following sections of the Municipal Code: ' 1. Section 10.22, Subd. 1 (A) - Lakeshore setback variance for bedroom expansion over existing structure located within lakeshore protected area. Required = 65' Existing = 68.6' � Proposed = 68.6' Variance = 6.6' or 8.5% 2. Section 10.22, Subd. 1 (B) - Average lakeshore setback. Proposed bedroom expansion at upper level will encroach the average lakeshore setback line by 6'. 3. Section 10.22, Subd. 2 - Review of hardcover. 0-75' setback area = 4.960 s.f. Allowed = 0' ' Existing = 592.1 s.f. or 11.9% Proposed = 592.1 s.f. or 11.9%. No changes are proposed. • . Page 1 of 7 � c _ � O� • O O �a. - CITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL ��kE HOg'�G NO. � F) � � S 75-250' setback area = 4,832 s.f. Allowed = 1,208 s.f. or 25% Existing = 1,943.8 s.f. or 40.2% Proposed = 2,488.5 s.f. or 51.5% Increase = 544.7 s.f. or 11.2% " � Variance = 1,280.5 s.f. or 26.5% 4. Section 10.25, Subd. 5 (B) - Street setback variance required for expansion above garage.located within the substandard street setback. Required = 35' Existing = 20.9' Proposed = 20.9' ' Variance = 14.1' or 40.2% + 5. Section 10.03, Subd. 14 (C) - Review of structural coverage. Total lot area = 9,792 s.f. � Allowed = 1,500 s.f. or 15% Existing = .1,351.3 s.f. or 13.8% . Proposed = 1,957.9 s.f. or 19.9% Vaziance = 457.9 s.f. or 4.6% NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, ' Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2081. �. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 9,792 s.f. or .22 acre. ;. The Orono Planning Commission reviewed this application on October 16,� 1995 ' and recommended approval of the variances as amended, based upon the following findings: � Page 2 of 7 . e� � O� � O O �b� � . CITY of ORONO � �ti � '�' RESOLUTION OF THE CITY COUNCI L ��kE H�4�� NO. � 6 3 6 S A. The lot is .22 acre in area. B. There are no adjacent lands available to combine with the homestead � parcel. .C. The elevation of lake in relation to the property prevents a basement being installed beneath residence. Applicants' storage and utility facilities are all located within the first floor living area. � D. A residence structure has existed on this property for over 45 years. The property is connected to municipal sewer. E. All new hardcover improvements are located out of tlie lakeshore . . �_ protected area, do not encroach the average lakeshore setback line and all • � meet the required 10' side setback from both the east and west side yards. 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 would not adversely affect tr�c 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; aiid would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. . Page 3 of 7 .•.. - ' . . Y. � O� � • O O �b. � CITY of ORONO � � . �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� Na 3 6 3 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections noted above to permit construction of single story additions to the east and west side of the existing residence and expansion of the second level over the existing structure providing for an expanded bedroom and recreation room as shown on Page 7 of this resolution. Approval is subject to the following conditions: 1. All existing hardcover improvements scheduled for removal and as shown on Page 7 of this resolution shall be completed prior to the footing inspection for the new construction. 2. Applicant to provide an updated survey confirming location of all approved additions to the existing residence upon application for a bnilding permit. • 3. Authorities granted by this resolution 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 this variance will expire on that date (November 13, 1996). � � 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. . . 5. The undersigned applicants have read, understood 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. • Page 4 of 7 � °� � o 0 �b. - CITY of ORONO � � ' �� '�' RESOLUTION OF THE CITY COUNCIL `�kEsxo�' No. 3 6 3 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of November, 1995. A EST: � � . ' Q�� Dorothy M. 'n, City Clerk Edward J. Call , Jr., Mayor ., � � � �� • roperty Owner (s) STATE'OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of November, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � °� JAMIE L.BOSMA No Public :V'-0 r` � NOTARY PUBLIC-MINNESOTA ','� •' ' HENIvEPIN COUNTY �-�•�•°� My Commission Expires Jan.31,2600 � Page 5 of 7 . , � O� • O O �b. - CITY of ORONO � � � '�' RESOLUTION OF THE CITY COUNCIL '�'�L �G `�kEsxo�' � No. � 6 3 6 , STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �/Sf day of ,�e,c P�,6.a� , 199 5 before me a Notary Public within and for said county, personally appeared � Cva.�t known to me to be the person(s) described in an who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. a:�•., JAMIE L.BOSMA • `` " NOTARY PUBLIC-MINNESOTA ' ' -'� •' ' HENNEPIN COUNTY NOTAR PUBLIC '' �6j��•••°� MyCommissionExpiresJan.31,2600 • •��"n'S�C/- -,•�`,�'.-G..!' .{�d�<'+= � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of ��in��,l , 1995 before me a Notary Public within and for said county, personally appeared a�-�- � known to me to be the person(s) described in and w executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �ic.c�e./ ;•,:,� + JAMIE L.BOSMA NOT PUBLI � NOTAAY PUBLiC-MINNESOTA '., ' •' ' HENhEPIN COUNTY `�••�''� My Commission Expires Jan.31,2000 _..r,c..-,.� _ • Page 6 of 7 Y .. .. 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