HomeMy WebLinkAbout#3066 - variances-1992CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3066
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2,
FILE #1707
WHEREAS, Jack Rhode (hereinafter "the applicant") is
owner of the property located at 1690 Shadywood Road within the
City of Orono (hereinafter "City") and legally described as
follows:
Lot 10 and that part of Lot 11 described as follows:
Beginning at the Northwest corner of said Lot 11; thence
southerly along the Westerly line thereof to the Southwest
corner of the North 14' of said Lot 11; thence South 87
degrees, 27 minutes East to the shore of Crystal Bay; thence
is
North along said shore to the North line of said Lot 11;
thence West along said lot line to the point of beginning,
in Shadywood, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 1
and 2 to permit the construction of a new principal structure
using the existing foundation, the proposed new construction
would require approval of a lakeshore setback at 61' instead of
the required 75' and a hardcover variance within the 0-75'
setback area of 812 s.f. or 13.3% where none is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1707.
2. The property is located in the LR -1C, Single Family
Lakeshore Residential Zoning District requiring a 1/2
acre or 21,780 s.f. The property consists of 17,700
s.f. or .41 acres.
3. The Orono Planning Commission reviewed this application
• on January 21, 1992, and recommended approval of the
requested variances based upon the following findings:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3066
A. Major upgrading of the property will result in the
following changes to existing substandard
conditions:
1) Lakeshore setback:
Required = 75'
Existing Principal Structure = 55'
Existing Accessory Structure= 10'
Proposed Principal Structure = 61'
Proposed Accessory Structure = 59' (second
level deck extends 2' beyond lakefront
of principal residence)
Variance:
Existing Principal Structure = 20' or 26%
Proposed Principal Structure = 14' or 18.6%
Existing Accessory Structure = 65' or 86%
Proposed Accessory Structure = 16' or 21%
(second story upper level deck)
2) Hardcover within the 0-75' setback area:
Allowed = 0 s.f.
Existing = 926 s.f. or 15.8%
Proposed = 812 s.f. or 13.5%
Total Reduction = 2.5%
B. The application involves no need for a hardcover
variance within the 75-250' setback area as
applicant proposes removal of major portions of
existing hardcover within the 75-250' setback
area.
C. The use of the existing foundation will provide
less of an impact on the lakeshore property.
D. The original structure was placed on the property
prior to current standards for lakeshore
development.
4. 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 variances
on the health, safety and welfare of the community.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCI L
SH0 NO. 3066
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 applicant, but is
necessary to alleviate a demonstrable hardship 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.
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10.22, Subdivisions 1 and 2 to permit the
construction of a new residence structure using the existing
foundation subject to the following conditions:
1. All hardcover scheduled for removal must be completed
prior to the final inspection by the Building staff for
the new construction. Please refer to Exhibit A of
this resolution for hardcover areas designated for
removal.
2. Applicant to provide a Highway Department permit for
the relocated curb cut to the site.
3. Applicant or applicant's architect shall provide the
Building staff with the engineering data or findings
that confirm the existing foundation can sustain the
proposed 2 -story structure at the time of application
for a building permit. Applicant is hereby advised
that, if for any reason unknown at this time, the
existing foundation cannot be used, all improvements
shall be installed per an amended plan that shall meet
current standards of the City for development of
lakeshore properties. If the amended improvement plan
• does not meet all applicable standards, applicant shall
file a new variance application with the City.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3066
3. Authorities granted by this resolution run with the
property not with the applicant, 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
(January 27, 1993).
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 applicant has read, understood and
hereby agrees to the terms of this resolution and on
behalf of himself, his heirs, successors and assigns,
hereby agrees 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 27th day of January,
1992.
ATT E T:
orothy M allin, City Clerk Barbara A. Peterson, Mayor
17
y uwneres
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 27th day of January 1992, by Barbara A. Peterson & Dorothy
M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
W
ROLE A. HASEMANEP�L�-*+�`1ESOTANotary Public
NNEPIN COUNTYMYISSICN DCPIRE3 8,x M
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ _ 3066
On this I7 4'-b day of X-3-a11)I,la1y , 199 '-
before me a Notary Public within and for sfiid county, personally
appeared �LJacj r, 2hod�, Solve-
known to me to be the perso (s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
free act and deed.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96 r v
Notar Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199
before me a Notary Public within and for said county, person=ay
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
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