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Home My WebLink AboutResolution 4227 � ,% �� 0 0 �b - CITY of ORONO � � � � � ; '� RESOLUTION OF THE CITY COUNCIL � G / L9kESH�� NO. 'i � � '� = A RESOLUTION GRANTING VARIANCES TO NIUNICIPAL ZON�TG CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND SECTION 10.56, SUBDIVISION 16 (C-6) AND (L) FILE #2446 WHEREAS, Marc Maslow anc? Sharon Maslow (hereinafter "the applicants") are - owners of the property located at 1890 Shadywood Road (17-117-23 24 0019) within the City of Oro:io (hereinafter "City") and legally described as follows: Lots 29 and 30, Shadywood, Hennepin County, Minnesota (�ereinafter "the property"); and WHEREAS, after due and published notice and mailed notice in accordance with l��Iinneso±a Statutes and the City of Orono Zoning and Plannin� Codes, the Orono PlanninJ Com�mission held a public hearing on January 19, 1999, 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 10.22, Subdivisions 1 (B) and 2; and Section 10.56, Subdivision 16 (C-6) and (L) to pernut construction of a 12'x32' addition to the lakeside of an e�sting residence to be approximately 36'-45' ahead of the average lakeshore setback where the existing residence is 38'-42' in front of the average lakeshore setback; and to allow the retention of 462 sq. ft. (4.05%) of hardcover in the 0-75' setback and to allow 8,791 sq. ft. (34.2%) of hardcover in the 75-250' setback where 10,241 sq. ft. (39.94%) exists and 6,410.25 sq. ft. (25%) is allowed. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, �tinnesota: FINDINGS l. This application was reviewed as Zoning File #2446. Page 1 of 6 � °� � � 0 0 , C ITY of ORONO a � �,� G'ti� RESOLUTION OF THE CITY COUNCIL t9kESH�4��' NO. � `�-�.� `� 2. The property is located in the LR-1C, Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .87 acres or 37,980 sq. ft. 3. The Planning Commission reviewed this application on 7anuary 19, 1999, and recommended approval on a vote of 5 to 0. 4. The Plannin� Commission made the following findings of fact: A. The subject lot meets the minimum lot area, lot width, street yard and _ lakeshore setback. B. The existing residence was constructed in 1955, prior to the average lakeshore setback requirements. C. The proposed 12'x32' addition will not further encroach into the average lakeshore setback. D. A hardcover variance to allow the replacement of a deck was granted in 1995 in Resolution #3544. E. The proposed plan will reduce hardcover in the 75-250' setback and will eliminate a curb cut on Shadywood Road which will improve public safety. 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 variances would not adversely affect traffic condilions, li�ht, 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 - de�nonstrable 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 6 . � � O ' V - O O , CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCII �L9kE IIp4�G NO. � � � � - S 6. The City Council has considered this application including the findings and recommendations of the Planning Comm:ssion, reports by City staff, comments by the applicants and the effect of the proposed variances 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, Subdivisions 1 (B) and 2 and - Sz�tion 10.56, Subdivision 16 (C-6) and (L) to permit construction of a 12'x32' addition on the lakeside of the residence per the plan prepared by Bernazd Herman & Associates in Ex�ibit A. Approval was subject to the followin� conditions: 1. The applicants shall remove the hardcover in the 75-250' setback as proposed in Exhibit A. . 2. The southerly curb cut shall be removed. 3. Authorities granted by this variance 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 (7anuary 25, 2000). 4. 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. 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 3 of 6 � °� 0 0 ., CITY of ORONO ,� � �� G'�F RESOLUTION OF THE CITY COUNCIL �9kESH�4'� NO. � � s� `.s � Adopted by the Orono City Council on this 25th day of January, 1999. ATTEST: ; ` .�1��. Linda S. Vee, .City Clerk Gabri Jabbour, M or l' `� i � � ,1�; i •� � ,�� -- _ �; _ P�bperty wner(s) STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of January, 1999, 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. .�::��._ d � _ � /�,,.-, CP.ROLE A.HASE�JIP.N NOtary Pub11C ,_/;;�:,'�:i%% NGTP.RYFUSUC-�1R�'NESOTA \,.`r•`�' HERi�f.�IN COUNTY ��,C�-T�iSsir,n E��i,csJ�n.31.2QC0 �� , . ��•:<:�._..:�c i;�:i�:��^-•�'.^_.;__�.._.--- Page 4 of 6 � °� 0 0 �, - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`9 4��'G N O. � � b� 'i� -� kESHO STATE OF MINNESOTA ) ��j ss. COUNTY OF HENNEPIN ) On this�.`��lay of , 199�before me a Notary Public within and for said counry,personally a red ��,,,a_�,,�, �.�vc..��,�) �,� 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. �-> - � '"�• JAMIE L.GEMAR � e��` NOTARYPUBLIC-MINNESOTA Cliyyc.�.J� yy�,�) . : HENNEPIN COUNTY �.�••• My Commiuian Expires Jan.31,2000 NOT PUBLIC � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this �� day of �� , 199'� before me a Notary Public within and for said county,personally appeared �1r�rc /�nr��fv�� ,� � known to me to be the person(s) described in and who executed the foregomg instrument,and acl:nowledged that he (they) executed the same as his (their) free act and deed. r.n,�v�eMnM�, a ` SANDRA KAY PETTIT � �: -- " •� � ��-; _ � - NOTARY PUBUC-MINNE80TA waiaHT couNn NOTARY PUBLIC� � � � Ity Commisslon Eipin�J�n.91.2000 �e s Page 5 of 6 ��. __, �_ ..-.._"__'_=,_ _____-'_- _` _ � �''�"-ti_ �C''""'�� . 1 --------- __ �. � _. �� : �-- ;ss�osi —'— --— --— _ � �--f� � � � � � � F� � �S ^ ' � � S y � � �' . m � �y �! �:xaC" � � � �g� �� , .s3, ' � � � x � , . ,, w � , � x ?�,� �� r S � �� r �ux2� ..�,.`3 �^ �-,t. --,/ .t u+a r / d� ,� �� . � � �� C;\` 1 �A �`` � `` \ O a �i1' �fl, �i-o� ��""—� %i j � �`"`� �� I I . �� ,� , �, �� . � � . �, � ,, �, - � , f ; _---- -, _ - ,i a� -�' �_ ii � �� a X'iY Z�J � w y ,� a � oa lL� f7 O i '� � '' j ��. v2 • a " �� ,� s '. 4-S � �; �I �� F1 ' XQ �� j x! d lu S f � ' � �' `�� , � �i � r `��` / `�3 . � � � ' . a �� _ i��1� � I '� � �\ � � � , � � "` � � - \ � T- � � � `� � % � : � V��.� °o u� z� �♦ \� I � Qo p �N J Fn �2 �� \ i c z �� 3 � � � s x � � � �' � �3 .� "i �i m � ♦ . m �� `` \ � �'� �• � + r 3 _o � � o � .- o �, � � � ° � �s " � 5� y �. ; � � N � V= , � � �`5b,00'' �Q� \q / �o� �,. 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