HomeMy WebLinkAboutResolution 3295 � .. • a
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A RESOLUTION GRAN'TING VARIAI�TCES
. TO �1UNICIPAI. ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 1 (A),
SECTION 10.22, SUBDIVISION 1 (B) A1�tD �
SECTION 10.22, SUBDIVISION 2
FILE NO. 1826 �
WHEREAS, Ann M. Henson and Robert F. Henson, Jr. (hereinafrer "the
applicants") are owners of the properry located at 2166 Shadywood Road within the City of
Orono and legally described as follows: .
Lots 19 and 20, Block 1, Wiley's Park, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Sections 10.03, Subdivision 14 (C), Section 10.22, Subdivision 1 (A), Section
10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the construction of a 24'
x 26' attached garage�addition to be located at the street side of the residence and an 8' x 25'
grade-level deck to be installed at the lakeside, portions of which will be located in front of the
average lakeshore setback line where no such encroachment is allowed, said structure will be
located 67' from the shoreline where the existing residence is 71' 6" and where a 75' setback
is required, both the deck and garage will require hardcover variances as proposed deck located
within the 0-75' setback zone will result in total hardcover of 229.5 s.f. or 4.7% where 321 s.f.
or 6.7% exists and where none is allowed. The attached garage proposed within the 75-250'
setback zone will result in 5,621.5 s.f. or 46.8% hardcover where 10,095.3 s.f. or 84.11%
exists and where 3,001 s.f. or 25% is allowed and all proposed and existing structural
improvements will result in 3,466.6 s.f. or 18.3% where 2,826 s.f. or 15% is allowed.
NOW, THEREFORE, BE IT RESOLVED by �the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1826.
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�:�?'"� ,� RESOLUTION OF THE CITY COUNCIL
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2. The properry is located in the LR-1C�Lakeshore Residential Zonin� District
requiring one-half acre in area or 21,780 s.f. The subject property consists of
18,843 s.f.
.3, The Orono Council reviewed this application on June 14, 1993 and recommended
conceptual approval of the proposed variances based upon the followin; findings:
A. Hardcover irnprovements on the property exist at 10,095.3 s.f. or
84.11%. The applicants propose the removal of existing improvements
with final hardcover proposed at 5,621.5 s.f. or 46.8%. The proposed
improvements will result in a total hardcover reduction within the 75-250'
setback area of 4,473.8 s.f. or 37.2%.
B. The applicants' property is severely impacted at the time of heavy rainfall
from the Counry storm sewer that overflows in their lakeshore yard. The
applicants' front yard is unstable because of moisture content during
summer months restricting use of outdoor lawn furniture.
C. The street yard tennis court will be removed and replaced with a grassed
yard that will provide additional absorption area for runoff from County
road and overburdened storm sewer at times of heavy rainfall.
D. The existing residence has no�basement and needs additional storage area
provided by the existing detached garage withi.n the street yard.
E. The existing garage and backout apron at higher elevations provide visual
privacy and a sound barrier to the heavily trafficked adjacent County road.
4. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generally to other property in this zoni.ng district; that
granting the variance would not adversely affect trafFc 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 applicants; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
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�:��'�� ,� RESOLUTION OF TI� CITY COUNCIL
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5. The City Council has considered this application including the 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 A1�1D CONDITIONS
.
Based upon one or more of the findings noted above, the Orono City Council
hereby grants variances to the Municipal Zoning Code Sections noted above to permit the
construction of a 24' x 26' attached aarage and an 8' x 25' grade-level deck for the property
located at 2166 Shadywood Road, subject to the following conditions:
1. All hardcover removals as set forth on Page 6 of this resolution shall be
completed prior to the final inspection for the new construction.
2. Upon application for a building permit, applicant shall provide a grading/drainage
plan for entrance/curb cut improvements at County road for the installation of the
new driveway. Applicants shall also include with building permit application
information the County permit approving proposed alterations.
� 3. Applicants shall grant a 5' drainage easement along the northwest side lot line of
the property to allow for future improvement of the County drainage facility that
exists on the adjacent property. Applicants shall install drive such that 5'
� drainage easement will not be encroached.
4. 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 withi.n one year of the date of Council approval, or this variance will
expire on that date (June 28, 1994).
5. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoni.ng code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
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� ��' CITY of ORONO
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6. The undersigned applicanu 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
properry.
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Adopted by the Ci[y Council of the Ciry of Orono, �iinnesota at a regular meeting
held on the 28th day of June, 1993.
A'T'� ST:
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Dorothy M. a n, City Clerk Edward J. Calla an, Jr., ayor
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Pro erty Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of June,
1993 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.
c�n. w►saww Notary Public
bqTAi1Y P{�..��fA
HENNEPIN COUN'Ty
- wr oarurss�n E�Es sa9e
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�=�'�� RESOLUTION OF TI� CTTY COUNCIL
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STATE OF NIINNESOTA ) .
� SS.
COIJN'TY OF HENNEPIN )
On this lo �`-' day of , 199 3 before me a Notary
Public withi.n and for said counry,personally pe � � � `'"�;
�/ �, known to me to be the person(s) described and who esecuted
« ���.p �.�..-, '�_
the fore�oing instrume , and acknowledged that he (they) executed the same as his (their) free
act and deed.
JAMIE L.BOSMA
' NOTARYPUBUGMINNESOTA �jOTAR P LIC
NENN�IN COUNiY
''� Cortun.EzarEs 121�9T
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STATE OF MINNESOTA )
�) ss.
COUNTY OF HENNEPIN )
On this day of , 199_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 insmiment, and acknowledged that he (they) eaecuted the same as his (their) free
act and deed.
NOTARY PUBLIC
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