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Home My WebLink About#4543-variance-2000 • ,F _ /i-� /� �1l�' • O o ��s - CITY of ORONO � � � �� G'� RESOLUTION OF THE CITY COUNCIL • ��`9.kE3fIp4�'�' . .NO. � �� A RESOLUTION GRANTING AN AFTER THE FACT VARIANCE � TO ORONO MUNICIPAL ZO1vING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (1) FILE NO. 2571 � WHEREAS, James O. Ginther and Clara Joanne Ginther and Douglas R. Ault and Kirsten H. Ault (hereinafter the "applicants") are owners of a property located at 2739 Shadywood Road in the City of Orono (hereinafter the "City") and legally described as follows: � The northeasterly 110 feet of Tract U, Registered Land Survey No. 415, Files of Registrar of Titles, Hennepin County, Minnesota (hereinafter the "property"); and '�i WHEREAS, the applicants have applied to the City for an after-the-fact variance to Municipal Zoning Code Sections• 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) • (1) to permit an expansion of a parking area constituting an increase in hardcover on the property with the 75' lakeshore setback. v WHEREAS, the Orono Planning Commission reviewed this application at a public hearing held on October 16, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FI1�1lDINGS � 1. This application was reviewed as Zoning File #2571. 2. The property is located in the LR-1B, Single Family Lakeshore Residential District requiring a minimum lot size of 43,560 s.f. The property is 7,223 s.f. in area. � Page 1 of 8 i . � � ' / /� O� . . � O O . �,. - � � �CITY of ORONO � � . . . �. '� RESOLUTION.OF THE CITY COUNCIL . .� ��IfE p4�G . ' � NO'. � c� � c L . SH � 3. The Planning Commission reviewed the,request and recommended approval by ' a vote of 6 to 0 to approve an after-the-fact variance based on the following . . fmdings of fact: � � A. Citing concerns over safety, the City of Orono posted Shadywood Road � in the area of the dock lots as a "No Parking" zone. To accommoclate � parking on-site rather tk�an on the street, the property owners exparided a parking area from one vehicle width�to allow for parking of two . � � vehicles.� � � B. The lot is commonly owned by the�Ault's and Ginther's. Each properry � owner has one boat slip for a total of two slips on the property. � G The entire lot is located within 75', of the lakeshore. It would not be possible to construct or expand a parking area without impacting the 75' • . setback.� � � , � D. The dock lots were created as part of Registered Land Survey No. 415 (2/3/1955) in common with residential properties located within the plat. ' It was assumed at the time of the plat lots within the neighborhood would have access to dock lots for storing of a boat. Since none of the . � dock lots were ever legally combined with the residential lots nearby, � , ' they eventually were sold off separately and are held in private ownersfiip. " E. The City of Orono has received several letters and comments from � concerned property owners in the neighborhood questioning the legality . of a second dock slip on the properiy. Staff has no strong evidence to - � . suggest� one of the slips had been added after the adoption of the � ordinance requiring a principal.structuie to have a dock as an accessory structure. Although no CUP has been issued by the City of Orono, it is. the position of the City the property has been "grandfathered" as a legal non-conforming use for dock use. City Staff believes that it would be � difficult to require these.docks, or one �dock, to be removed based on their long existence. The City of Orono has no strong evidence that the � use of the second dock is illegal. � • � Page 2 of 8 . � . �_ . � ' . . . � • . • � . . O . . � ' . � � � � . • . O • . O � ' . . ' • �.b _ . . CITY of ORONO - . . � . . � � � � � � . � � � � � � � � � . : . � : ,� G'ti . . RESOLUTION OF THE CITY�COUNCIL � ��ESH�4�' .. NO• �.� � � � � . � � � � . � F. The existing hardcover on the property is' 792 s.f. The drivewa� has_. . • • � . •. � been determined:�to be 28' _X 17'�. Other hardcover�located �ori. tlus:= :... ; �. property includes a small ainount of r�taining wall'and landscaping,vvluch.�: � . . � � encroaches from an adjacerit property, � ; . • � : . � ' �� G. To maintain an access point to the fire�hydrant located on.th�:prope;rty�;.: , , it was suggested the parking area•be relocated to�the north by 2' to�leav�e;�:.. •: � � � , � a�5' separation to the�-fire hy.drant,:��:. . , � � . �. � ' . . : � : 4. .The City. Council has considered this application including,the��finduigs ax�d::�'.� : .� • recommendations of the Planning"Commission, reports by Cify staff; commenfs�� .`_ . . �. by the applicants and the effect of the proposed �variance ori�the�fiealth,�safe�';;> � � . . � .and welfare of tlie coinmuruty:: � • 5. The �Council finds that the condit'ions existing on this�property. are peculiar`: to �.t�:. ' : �.�. . , and �do not apply generally to other property in this zorurig,district; that granting-:: . the�reguested variances would' not �dversely,.affect traffic conditions, liglifi, air,-> , nor pose a fire hazard or other� danger to neighboring properties,,wouldi noti;�� • ' � , . merely serve. as a convenience to.the applicants, but is necessary to �lleviate:a . . � demonstrable hardship, or difficulry; 'is necessary. to .preserve' a �substantial�;' �. . •� � property right of the applicants; and� would be iri�keeping �vith the spiriC and.�. � ; � . intent of the Zoning.Code;and� Comprehensiye Plan�of the:�:�ity,.� � . _ : . ' . . CONCLUSIONS,�ORDER AND CONDITION�-;�� '-' . . �. . . ' . . . �Based .upon one or more of the above f nd�ings; the Orono City Council''liereby:;t�- � � � � grants an after-the-fact variance to Municipal Zoning :Code, Section 10.22, Subdivision �2 and�_:=. � � • � � � Section�10.56, Subdivision 16 (L) (1) ta permit�an expansion of a pa'rkirig area constrtut'ing an; . " � . increase in hardcover on the property with the 75' lakesfiore setback, ap�roved is�578 s.f��(8%)-::� � � . . hardcover, subject to tYie followirig condiriori's: ��: � _ � . _ . � . � . ; � . � , . � 1. Improvemerits shall �be in conforinarice with�the ,site ,plar� provided b� th�, �. � . � applicants and attached to ,this resolution as Exlubit A:�' Any�future..revisions fio::�°: � " . . � � � �.. the�site plan shall require further� review by the City .Goun�il. .� . � � . � .. : ' ,� . � . . . � . . Page 3 of'8 . . � � � - � � ,� . . . . r � O ' Y • O O ��e. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��9kE H�4�G � . � . NO. � � 05 � e�' � . S . . The parking area shall be relocated to accommodate a 5' setback to the fire " , hydrant located on the property. 3. Applicants shall work with the adjacent property owners to develop a suitable vegetative buffer between the dock lot use and residential properties. 4. Authorities granted by this resolution run with the property not with the owners, ' but are permissive only and must be exercised by obtaining a permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (October 23, 2001). 5. 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 4 of 8 � �-- � O� • O O ��b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`q.kE p4�'� � � NO.. � ? � ,`� . SI3 Adopted by the Orono City Council on this 23rd day of October, 2000. ATTEST: t_�cJ��A%Q %7 0 o!!�!L_... L� R�� , � k� ��L Gab ' 1 Jabbour, Mayor - �, � t � / •: Owners � � Property Owners �� —� � STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 23rd day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. . _ . . .._ --�---a-� . ...,AN �. � ��TA Notary Public ' �°'�: t�:' . ,q ,. . �:: n�,,c�,::..__ .�-::�::�:--- -�- . HEIDI N.STURMAIV . ►dCfARY PIJ�'�� {�6cpirtn Jan.31�2005 • Page 5 of 8 . � O /� � • O O . ��b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL .��`�kE p4��'G � NO. � 4 e� � � S�I . . STATE SOTA ) ) ss. COUNTY OF HENNEPIN ) On this I l�- day of �C�rn1c�'� , 20�before me a Notary Public v�t��an x'�.�°..rrFe said county, personally appeared '�rne�o-C'nfil-er '�lo.�a�znn��'h��—�own o 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. HEIDI N.STURMAN ' - FtOTARY PIJBLIC•A�{MN�ESOTA ��31�� Notary Public STATE OF MINNESOTA ) . ) ss.. . � � COUNTY OF HENNEPIN ) � . On this /��h day of De�e m bere , 20 °o before me a Notary Public wi�t�in�nd for said county, personally appeared c, �4 s R. /� f+Q„� K�'R s-�e�/ ,� /�«tt "'"kknown to me to be the person(s) described in and w o executed the foregoing instrument, and acknowledged � that he(they) executed the same as his (their) free act and deed. � MARY ANN JOHNSON C��i/� ��'�� Notary Pu ic � #�►G�bi►E�Irer�lan.31,2005 • Page 6 of 8 i� 7 O� . . O O , ��b. - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL ' � � ��kESH�4� � NO. � e?. 9: � . . STAT SOTA ) , ) ss. COUNTY OF HENNEPIN ) On this day of , 20_ 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(ttiey) executed the same as his (their) free act and deed. . Notary Public STATE OF MINNESOTA ) ) ss. . � COUNTY OF HENNEPIN ) � On this day of , 20_ 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 7 of 8 � n . . . �� . 454e� � Exhibit A I ,. rv.cscnu.� .-- • - -- -- ._ "", -- .� .... ._. b HYDR�tff � I4 UQST PCST � // �\ � �Ov/t/ . • , . • • WI�P45r� / '"a� ; � ` � a ELECilCC IL�.7EEi : � � . • . ` : . � . �/. ', ,� � \ 9p�4 . . - ' _ � • �.: ... SaB�Se`�4 .`. . IS/O - . � . i / , :':.�...: , F , � ��► • / ;'.:+`'.'. '; '9S,^�, � � a c9 , / � :'G�+'�4••a� ry ' `Ite� � . f � • �.. `Q �.�j �� \ � . 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