The URL can be used to link to this page

Home My WebLink About#4430-variances-2000 + /�- /� �11�' • � � � � �e. - CITY of ORONO � ti � G'� RESOLUTION OF THE CITY COUNCIL ��kESH�� NO. �� : �� . A RESOLUTION GRANTING VARIANCES ' TO MUNICIPAL ZONING CODE � SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, � SUBDIVISION 16 (L)(1) FILE NO. #2556 WHEREAS, Barbara Cavender and Collins Cavender (hereinafter "the applicants") are the owners of the property located at 1405 Rest Point Road and have an � interest in the properry located at 1395 Rest Point Road, owned by Robert Bredeson within the City of Orono (hereinafter "the City") and legally described as follows: . Lot �24 and Lot 25 Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with � 1�Sinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Coinmission held public hearings on January 19, 2000 and February 23, 2000 at which times all persons desiring to be heard concerning this application were given the opportuniry to spe�lc thereon; and . � WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and (B) to permit a new residence 34' from the lakeshore wnere 75' is required; Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75' lakeshore setback where 1,546 s.f. (13.6%) exists and no hardcover is allowed; and Section 10.24, Subdivision . 5 (B) to permit a new residence to encroach 13.67' into the front yard setback and to permit a new residence to be constructed on a lot less than 1 acre in size in the LR-1B zoning district. � Page 1 of 7 � � . � � O ' V � O O ��b. - CITY of ORONO � F � '� RESOLUTION OF THE CITY COUNCIL ��kE H�S�`�'G ' N O. L� 4� � � S NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: , FINDINGS 1. This application was reviewed as Zoning File #2556. 2. The property is 13,238 s.f. and is located in the LR-1B, One Family Lakeshore Residential Zoning District requiring a minimum lot size of 43,560 s.f. 3. The Orono Planning Commission reviewed this application on February 23, 2000 and recommended approval on a vote of 4 to 0 for the variances based upon the . following findings: A. The property has been developed and used as a residential property for many years. To complete the application, it is a requirement the lots be . • � combined to permit the construction. � B. Most of the properry is located within 75 feet of the lakeshore. It is nearly impossible to locate a house outside of the 75 foot setback requirement without building on the street right-of-way line. Other houses in the locality are located at comparable setbacks from the lakeshore. C. The City of Orono owns and maintains a lift station located on the property. The City has a regular weekly inspection schedule for lift stations. It is reasonable to expect a "buffer" between the house and the station based on regular inspections, and the lift stations tend to emit odors on occasion. The City of Orono is also communicating with the applicants about obtaining an easement for the lift station. It is not known why an easement was not recorded with the project in the eazly 1970's, but an easement should be recorded in favor of the City. . Page 2 of 7 , �- � O� . � O O ��b. - C ITY of ORONO � � '� RESOLUTION;OF THE CITY COUNCIL ��kE H.�4�'G NO. �� S D. The lot has a very limited building pad. Any new construction on the property would require setback variances. Because Rest Point Road is narrow, it is not possible to pazk cars on the street without causing a public safety issue. Each lot along Rest Point Road will require off street parking areas to accommodate guests. The City Code requires all garages with doors facing a street to be located 30 feet from the property . line to allow off street parking, thus requiring the house to be located further from the property line. . E. A condition of approval is the applicants shall combine the two separate tax parcels. The combination is required to allow the proposed development to meet the approved structural coverage and to permit the � additional hardcover, and the proposed house is located on the existing , property line. No structures are permitted to be located on a properry line. This condition shall be met prior to the issuance of a building permit. � F. The applicants have agreed to grant a utility easement over the portion . of the properiy that contains the lift station. The lift station was " constructed in the 1970s without an easement ever being recorded. 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 tra�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 hazdship 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. ° 5. The City Council has considered this application including the findings and recorrunendations 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 , . � /� O� � O O ��b. - CITY of ORONO � � � '� RESOLUTION OF THE CITY COUNCIL ��9kE H�4��'G NO. S w� 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, Subdivisions 1 (A) and (B) to permit a new residence 34' from the lakeshore where 75' is required; Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75' lakeshore setback where 1,546 s.f. (13.6%) exists and no hardcover is allowed; and Section 10.24, Subdivision 5 (B) to permit a new residence to encroach 13.67' into the front yard setback and to permit a new residence to be constructed on a lot less than 1 acre in size in the LR-1B zoning district based on the following conditions: 1. The property is developed in conformance with the site plan attached as "Exhibit A,� • 2. Both lots are combined and recorded with Hennepin County prior to the issuance. of a building permit. 3. Authorities granted by this variance run with the properry 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 (March 13, 2001). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, sha11 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 i� � O� • O O ��b. - C ITY of ORONO � ti '� RESOLUTION. OF THE CITY COUNCIL ��.kE p4�'G NO. � � � � SfI . Adopted by�the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of Mazch, 2000. ATTEST: � // - - U..1�-�— Lin"a S. Vee, City Clerk Gab 1 Jabbour, a r ��, ��.�-� D�cc�,�i�� .�ct.�x�,�Crti Property Owner (s) ��f Property Owner (s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � . CAROLE A.HASEMAN Notary Public NOTARY PUBUC-MlNNESOTA . . My�pm�issipn Expites Jan.31,2005 C�- • Page 5 of 7 �—_' ' � O� . � O O ' ��e. � CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`q.kE Hp4��G N O. �� e� � . S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this L�day of /�r�r�cd, , 20 Do before me a Notary Public within and for said county,personally appeared��//,n 5 (�„��i,aPr rV►a�ri td � � known to me to be the person(s) described in and who executed the foregoing instniment, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A.hIASEMAN NOTARY PUBLIC-A�SO?A INy Cortn�sion Expires Jm.31.2005 � �(. ��1-�2,r.,✓ - Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � ' On this /��h day of M�� , 200 6 before me a Notary Public within and for said county,personally appeared f�.rba.ra. �r�vr�tic��, rh rv��e . known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he the executed the same as his (their) free act and deed. CAROLE A.HASEMAN NOTARY PUBLIC-I�NESOTA NyCortrniwionExpYetla�.�1�2005 �/�.►-�r� �. �s--J Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a�`�" day of /��rc G, , 200 o before me a Notary Public within and for said county,personally appeared�-��Pson �h�l �./�raal`ef r�P n known to me to be the person(s) described in and who executed e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CARp�i,E A.HASEMAN NOTARY PUBLIC-A�IESOTA l,��'/Y� (�{• ,.�Ul�t___ �� r��Exp�,t�n.31.2005 01 -�O�?2_ Notary Public � � Page 6 of 7 ; . s � � . , � � � '� , vwawru�uxuc�uvrxceuvurwNS • , °5 " NO(L+lLefdbYi�[�++�+��]pucdtritlCom�dimee�e ti\ A�W{►G•••••^�4�a'Y6.111Y]��II1Yj�Yd00�'CYI�hGrtOP'tt -��1 =� �AK�M! �'��°.��..,,,��.��.. . � ' �� NErONKA �uuaUeamofWwmPM6wp ,.,� �.°��° ., : • I�'...... �` y N� araaunJr..cr it� r'u' u . �l �•��••• ralk 4!kaY 6oua 39 tlmdear W I � � C \H n�k�tl�+cklN�KPt'r amU N • •,� wr�mv ]° � r•Y '�`' C �L• . p�tn(dha43�LiD 73 � �i\ • iV hiuu3miu 31 .. w� �'� •• .�� w ',. � .� �• °`'••...,. ' waltvdcorcria:me 7.)70 uWd+dca�s+hime• 9t2 � V=� ].7JI I � e __ � •' � �ioot�bcofCUdmwad 9.31.l7% %�meOuaLWAmued I9A9X. ! 1 � ' I � � �-�.�,� �..._.--. ._....---•-.. `� ' : � �.,> I�i�ludootvWimu•��_ ; . _ 'S.y _ �' •• 1 pli¢luu•U.�7tp.A � W � �- c�y`_ \�dbWp W'�WWntawdMaum�n(1.9LL1711tYlAfY.G i q' /-1/ � '\' ' � . . N .., �a ,� � ` / � `} �^'�� \\� �tlr,ejMiYr \ y tv . �� \ r �, � !� �v r �........... 1- _� ; � } � .........•,a�--�1� h � *w . n�\ `r, �,9 ��._��, ....i '1� oh fi ` n :j..:/� Ct\ .....,� i � � �O 1:�� * y � , �y� J`� ` A� ``� � 1� � 1 C `�\ � `C � s: � �,�� I� \ � � ; i : �/X3 � � � �` �c• ,1 � r x� ' � ' (.. � � r � 'Y�r3� ` �� o '� W �_ !'. �� . ♦ '� 4 � r � o � ' �• �.� i ' 9'`` 1 'a � r' ` r � .� �. v •• � `y �� '• . .V � � � / � ! F' �-' N � .� ..Ca a ` \ � � `` � ! . � ` `� ��% � `\� r` � � 4� ! ' `•• r�. I � R � IGO � ;�. . �� w, , I v ��_ P •� � r ��pe� � ` �. 'L � W � ° �Op� / \ r .� �: ' , � , � S�� r � �� \ • ',r� � � � � '` '�i.'• �a :'�k.. a •�'' 4� �C.r .y.� `r //� �'�4j y \ � a/ �'C e ��' ._„ J � �-- '� `�/ � \ °us .. , _ -a ,��. ��:; a '�. .� . i �. �/ � , i '� :` ,,. '+ �. � _ �` \ �.L .� �-`�o � E �'�. /,� � : ` "° �/ H `l��l ifr7ty � A �, l�Y.I a '�'�i'f� �'>1 � . � - _ : ` ` IC l� C/,l�\ t � �a- t � � � + �v \ �'' V ; ti �`a�,, M ,�h. ��•��` + h_� � � q J y ) i' '�] r� �� M�. j' ., V \ � '4 . � st ' . � ! . I . �, r � �� _ � �- � /� 4 �o-m-c�msv ` � zc � °' r '` f131 Q,' O � �� . 9� i Y, 7��m 1 / �:�� - j,- '/ " _.�v�, �-� �` = � I ( I , ; � . � v� � i.A � � � y * x M1`��O +:�` �� ♦ / t � ,v4 + 8 i N Q� �. �f1 r. �y ;� „�� ;e^, � � . � M� C~ � 'O � . j � �. 'IYa � • V- N Y � f� �" �° � �.� �� I � m F `� �__—_ ��/ . I V : � � � � ' �� : 1 , ��/ � � p� � _ � r \ �� Z x.��.' � "t ' -�--�— -- . ^� o.� g� ��E �d"�� 9�� R�� s � �'� o, M �� kee. � � a �� .�� 0 �� g�� 3� � � � c �6�� o� � � s 1 ; t�;� w°�� _.�.�..w . �� " � �G'� ` N '°vWW • �wy 9 � � o o � �� .s� f� ��Ny ��l.o � y � - � � � � - - N 4 . / 1"�a n°m°moo r x � !°�� o00 0 � � � Fy o��C� � �J � ��. ., : � �i'^�9 au��a � o � ,4�r' A'�� 4a� � � � � � go°OO8 oum°z°z T� r $�Am u��nw � I � �` m ^,°i-mig { � Z -si n�� ° � m ° ma� c _ ��u • c -� , . ' � y�9 Y L' �....V.°-d g�3 � � m M _ � �� _.�� Of � . �S