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Home My WebLink About#4264-variances-1999 .,� , � O� O O ��d. - CITY of ORONO � � �� '� RESOLUTION OF THE CITY COUNCIL t�kESH�4�' NO. � � �) �`�y A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) (1); SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.56, SUBDIVISION 16 (C) (6) . FILE #2451 WHEREAS, Lyle Shaw and Gretchen Shaw (hereinafter "the applicants") are owners of the property located at 17�0 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due and published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on January 19, 1999 and March 15, 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, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit expansion of the building envelope for a 2nd story addition within the 0-75' lakeshore setback ��here one-half story exists; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,406.64 s.f. (�1.14%) of hardcover within the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) of hardcover exists and 1,169.5 s.£ (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback. Page 1 of 5 ' �, ��. � O� O O t CITY of ORONU - � � � '�' RESOLUTION OF THE CITY COUNCI� �l9 4�'G NO. 4 � � �1. . ` kES�I� . . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2451. . 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 .30 acre or 10,430 sq. ft. 3. The Planning Commission reviewed this application on March 15, 1999, and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The existing residence is located 55' from the 929.4' Ordinary High Water Level (OHWL) of Lake Minnetonka, and is 1 1/2 stories in height. The upper 1/2 story would be raised 6 1/2' to a full story. B. No garage space exists on the property. C. A 5' x 5' storage shed is located on the property line, and shall be removed at the time the addition is constructed. D. The structure would not exceed 15% on the lot. E. All additional hazdcover would be placed outside of the 75' setback. F. The deck existing on the lakeside of the residence is non-conforming. Any future replacement of the deck would require Planning Commission and City Council approval. 5. The City Council fmds 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 conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely Page 2 of 5 ,� .. � O� O O , CITY of ORONO - � � '� RESOLUTION OF THE CITY COUNCII ��`�$E Hp4��'G NO. 4 � � '�. _ S serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or di�culty; 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. 6. 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 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, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit the expansion of the building envelope for a 2nd story addition within the 0-75' lakeshore setback where one-half story exists; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2;406.64 s.f. (51.14%) of hardcover within the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) of hardcover exists and 1,169.5 s.f. (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback. Approval was subject to the following conditions: � 1. Variance approval is for conditions shown on the survey completed by Co�n and Gronberg, Inc., dated 7/5/96, on file with the City of Orono Building and Zoning Department. Any alteration to structure or hardcover, including reductions, may requue further City Council and Planning Commission approval. 2. The 5' x 5' shed located on the front property line, on the southwest corner of the lot shall be removed prior final inspection. 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 yeaz of the date of Council approval, or this variance will expire on that date (March 22, 2000). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning c.ode, shall automatically Page 3 of 5 . . .� 't � O� O O , CITY of ORONO - � � �,�� G'� RESOLUTION O��J�1E�C�Y COUNCIL ��ESH�4� NO. 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. Adopted by the Orono City Council on this 12th day of April, 1999. ATTEST: � � _ ' �� •C� (/ L a S. Vee, City Clerk Gabrie bb r, or .� 1 � l�roperty Owner(s) STATE OF 1��IINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of April, 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. `°.� � ' C��v � : ` MARY ANN JOHNSON � :Ie' NOTARY PUBLIC-MIANESOTA NOt1t}� UbI1C . `,.�.• My Commission Exaires Jan.31,2000 ...�� - . ._,.�.:.:<- .... __._ .. .;:� Page 4 of 5 .-: _.. � O� O O , C ITY of ORONO - � � '�' RESOLUTION OF THE CITY COUNCIL i � �G 4 ,� 6 Q . 9kESH�4�' NO. STATE OF 1��IINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this fh day of T► n,P , , 199g,before me a Notary Public within and for said county,personally appeared C��e�,en S�i�W. Iharri ed �O� 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. �' 7� �:t-"�`..� Cp,RpLE A.HASEMAN �" %'r'�• NOTkRY PU6UC-MINt�E OTA CUNTY � ;:s,;�: Fi6NNEP�N C �.2eCn ! � �`�f= �issicn E�!;:ires J2n.3 y`�� 61y Cc�r,R �-,.,- (Z r �. • _,..,.,�.—,a _ <+�� -'_'�...��=..'�'�" ' NOTARY PUBLIC STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) On this % �/ day of ��u n�_ , 199�before me a Notary Public within and for said county, personally appeared _�y/� 5 h a�J. V�'► Q R�P�� - k n o w n t o m e t o b e t h e p e r s o n(s) d e s c ri b e d i n a n d w h o e xecuted the fore goin g instrument,and acknowledged that he (they)executed the same as his(their)free act and deed. . ., . MAHY ANN JOHNSON : :. NOTARY PUBLIC-MINNESOTA °e My Commission Expires Jan.31,2000 � �-� ' %� NOTAR UBLIC � Page 5 of 5