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Home My WebLink About#3340-variances-1993 � �� . O .. . � O , CITY of ORONO • � ;a�=' � RESOLUTION OF TI� CITY COUNCIL � ��' �? � , `�!, �` .a�� lS, . N0. e�i e� �: � � ti �� Og�G � EsK , S, A RESOLUTION GRANTING VARIANCES TO � MUNICIPAL ZONING CODE r. � � SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.22, SUBDIVISION 2 , � � ' FILE #1865 WHEREAS, David S. Owen (hereinafter "the applicant") is the owner of the � property located at 2248 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: � Lot 7, "Wiley's Park", Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the � property"); and . WHEREAS, the applicant has applied to the City for variances to Municipal � � Zoning Code Section 10.22, Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the � installation of a new concrete garage floor and concrete parking pad to the immediate west. The garage is located 1'2" from the southwest comer of the County right-of-way where a 30' setback � is required. The garage is located 4'3" from the.east side lot line where a 10' setback is � required and a variance to the hardcover allowance for improvements within tlie 250-500' , setback area as hardcover is proposed at 835 s.f. or 77.6Q% where 30% is allowed and where 77.60% exists. NOW, THEREFORE, BE IT RE50LVED by the City Council of Orono, Minnesota: . � � FINDINGS . , � ;� � 1. This application was reviewed as Zoning File #�865. � 2. The property is located in the LR-1C, Lakeshore Residential Zoning District ' requiring 1/2 acre in area. �The properiy consists of 14,508 s.f. . 3. The Orono Planning Commission reviewed this application on September 20, 1993, and recommended approval of the proposed variances based upon the � following hardships and unique findings: � ' Page 1 of 5 � . � . Fam5W5 DlskOmm i ' • .. � °� � . . O :. p . CITY of ORONO • � ,�.=� RESOLUTION OF THE CITY COUNCIL 1 "' 0 � � ��. :a�,-._ � N0. � � � Y � ��9x o4�G EsS - A. The proposed improvement consists merely of the repair of the existing structures consisting of replacement of concrete garage floor and parking pad. B. Garage floor and parking pad shall be raised 8" in order to provide positive drainage away from structures and adjacent properties and towards street. C. If garage is to meet 30' setback, major filling would be required to provide access from higher elevations at street. D. Hardcover would be increased in setback area closer to lake. � E. If structure was placed at 30' setback, this would require the removal of two to three mature trees. ' • � F. Setback has been measured from an easement deeded to the County that . has never been used for County right-of-way purposes nor for snow fencing. The Counry shall deed easement back to applicant.. G. Existing structure will be 9-10' from traveled road known.as Crystal Bay road. 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 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 Ciry. 5. 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 welfare of the community. � . Page 2 of 5 ' Fam 5005 Disk Omno � O � � �' CITY of ORONO 0 :�, � � O . . • �;a.�� RESOLUTION OF THE CITY COUNCIL r� � ' . � � � .��,� �, � N0. � :� � R� � ti ��9� , o4�G EsH CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above finding�, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the repair of an existing garage and adjacent parking area involving the installation of new concrete floors requiring a street setback variance of 21' or 70%, a side setback variance of 5'7" or 57% and a hardcover variance for excesses of hardcover within the 250-500' setback area at 512.2 s.f. or 47.6%, subject to the following conditions: l. Applicant shall continue to work with County to ensure that easement area for temporary installation of snow fences is deeded back to properry. Upon the . release of said easement, applicant shall deed access and utility easement over traveled portion of Crystal Bay Road that intersects easement area to City of . . Orono. Applicant shall be responsible for obtaining the necessary legal • description for completion of access and utility easement to Ciry. 2'. Applicant shall complete the removal of the debris to the northside of the garage prior to the fmal inspection by the Building staff for the new improvements on the property. 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 (October 11, 1994). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of hunself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. - . � Page 3 of 5 ' • Fam 5005 Disk Qoro � �� . . O :. . Q CITY of ORONO • � `�'�;�.=� RESOLUTION OF THE CITY COUNCIL � ., ,�,, � � �.a,� ti NO. °� � /�. t� Y � �� g�G k'ESfI� Adopted by the Orono City Council on this llth day of October, 1993. A EST: � othy M. lin, City Clerk Edward J. C ahan, Jr., Mayo Pro erty Owner(s) - � STATE OF MINNESOTA ) � ) ss. . COUNTY OF HENNEPIN ) _ The foregoing instrument was acknowledged before me on this llth day of October, 1993, by Edward J. Callahan, 7r. & 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. .t:��.:, >�:��. JAM1E L.hOSMA Notai blic ;v��' ` � NOTARYPUBLIC-MINNtSOTA • �� ;- ; HENNEPINCOUNTY '+,�.. " My Comm.Ezpires 12-19-97 � Page 4 of 5 � • F�soas a�ao�o , ; , � � O� O :. O CITY of ORONO . • ' �"�,=' RESOLUTION OF THE CITY COUNCIL r� �'' ,, �► '�► ^ .y,� ti NO. � � �,�. 6A S � ��9� og�G ESS STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this �� day of D Gy� ��e/ , 199�before me a Notary Public within and for said county,personally appeared 7�, ,��/ s' ��v�zv, �� c� (�u�e h r llii.a�rr .oL. known to me to be the person(s) described in and ho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � -- � ; •°� LINDA S. VEB � ry �c., � (/�(1L._ y �''�, NOTARY PUBLiC - MINNESOTA � �'��:�.:� HENNEPIN COUNTY NOT Y PUBLIC � ��Liv My commission expires &12-96 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 instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC � ', ' . ' Page 5 of S � � ' Fam 5005 DisM Otono '