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Home My WebLink About#4426-variances-2000 _r , � � O� � O O . ��b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��9kE H�g'�G NO. � � � � S A RESOLUTION GRANTING � VARIANCES TO � � MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.22, SUBDIVISIONS 1 (B) AND SECTION 10.25, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISIONS 16 (L) (2) FILE #2558 � � . WHEREAS,Anthony Patterson and Linda Patterson(hereinafter"the applicants") are owners'of the property located at 1780 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: • � Lot I9, Shadywood, Hennepin County, Minnesota; and WHEREAS, after due published notice and mailed notice in accordance with Minriesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 23, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal . Zoning Code Section 10.23, Subdivision 14 (C) to allow lot coverage of 1,976 s.f. (15.6%) where 1,977 s.f. (15.7%) exists and 1,894.1 (15%) is allowed, Section 10.22, Subdivision 2 and � Section 10.56, Subd�vision 16 (L) (2) to allow 3,133 s.f. (42.7%) hardcover in the 75-250' lakeshore setback where 3,204 s.f. (43.7%) exists and 1,834 s.f. (25%) is allowed, Section 10.25, Subdivision 6 (B) to allow a side yard setback of 6.7' where 10' is required to permit construction of a second story, replace the lakeside deck and replace the side entrance to the existing residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • � Page 1 of 6 . , �- � O ' v . • O O ��b. - C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��kE H�4�G NO. � � � �► S � FINDINGS � 1. This application was reviewed as Zoning File #2558. 2. The properiy is located in the LR-1C, Lakeshore Residential Zoning District requiring .5 acres in area. The property consists of total area of 12,627s.f. or .29 acres. 3. The Planning Commission reviewed this application on February 23, 2000 and recommended approval on a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The residence was built prior to current zoning standards. B. The lot is unusually small and narrow for the LR-1C zoning district. � . C. No hardship exists to justify lot coverage in excess of what currently exists on the property. � D. The addition of the second story within the side yazd setback will not adversely affect the neighboring property. 5. 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 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. 6. 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 welfaze of the community. . Page 2 of 6 .� o�,. • o 0 �b. � C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��kE p4�� NO. .� � � � SI3 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 10.23, Subdivision 14 (C) to allow lot coverage of 1,976 s.f. (15.6%) where 1,977s.f. (15.7%) exists and 1,894.1 (15%) is allowed, Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 3,133 s.f. (42.7%) hardcover in the 75-250' lakeshore setback where 3,204 s.f. (43.7%) exists and 1,834 s.f. (25%) is allowed, Section 10.25, Subdivision 6 (B) to allow a�side yard�setback of 6.7' where 10' is required to permit construction of a second story, replace the lakeside deck and replace the side entrance to the existing residence. Approval was subject to the following conditions: - � 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require � further Planning Commission and City Council Review. � . . 2. Authorities granted by this variance run with the property not with the applicants, but aze 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 (February 28, 2001). � 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 3 of 6 � °� • o 0 ��b. - C ITY of ORON� � � �� '�' RESOLUTION OF�T�E�CIT6Y COUNCIL `�kEs8o4 rvo. Adopted by the Orono City Council on this 28th day of February, 2000. ATTEST: _ .� - U c� �— _ . inda S. Vee, City Clerk . Gabri Jabbour, Mayo � � ,� �(.- . � Properry Owner(s) • STATE OF MINNESOTA ) � � � ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. _ ��i�J MARY ANN JOHNSON Notary P lic �/ NOTARY PUBL{C.MINNESOTA Mp Camrr�ssbn Expires Jan.31,2005 � Page 4 of 6 /�- '� o� � � 0 � �e - CITY of ORONO � � . �i ��'� . RESOLUTION OF�N�E C�,�IT�Y COUNCIL 9kESII�4 � NO. STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ' On this�. th day of �,e�rz Y q�2� � ,200 o before me a Notary Public within and for said county, personally appeared �-n`�—h o�,� �a-1--��e�z S on a �o�_ L� ��D ��a�lR eRS Q�� e�z;e�Q known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. � MARY ANN JOHNSON �� . NOTARY Pi18UC•MINNESOU NOt3L�PU 1C Mr Commissfon Expkes Jan.31.2005 � STATE OF NIINNESOTA ) � ) ss. COUi�1TY OF HENNEPIN ) On this day of ,200_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public � Page 5 of 6 � . Ezhibit A a, F . r ';. . o • � 1-• � � � 6 � a . �� Z ` � O • � ' � a��j / . �� j j � / / . '�'' �`/ �� ' ��i , , , , �� , . , , �.. . ; , , . //� ��, g�: i `. , . � � .� . � . . . `. : � . . � . � . . � . yj � � . � � � . � . �. � �` �` � , .� �� . . � . � � � . . . a�, `., '.� �e � F�� . , , a � ` � � �' x� a ` `` , � � `. / � s ,,,� B `� / � $ . � � _ � U % � � " �� a� `� i � � ac � � r„ o� _ � � $�• � r ti ��r � � ° Z _ . .� . , �; �� . 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