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Home My WebLink About#4073-variance-1998 ,�'' •��4 . � O� ' � O O ��b. - . C ITY of ORONO � ' ti � '� RESOLUTION OF THE CITY COUNCIL � � ��kESH�4�G • � NO. � � �� , A RESOLUTION GRANTING A VARIANCE TO MiTNICIPAL ZONING CODE SECTION 10.22 SUBD. 2 � FILE NO. #2353 WHEREAS, Len Busch (hereinafter "the applicant") is the owner of the property located at 1265 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: Tract A, Registered Land Survey No. 1123, Files of Registrar of Titles, Hennepin County, MN (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 2 to allow for the consiruction of a 25' x 25' hobby room. A variance for hardcover in the 75'-250' setback is required. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: ' FINDINGS 1. This application was reviewed as Zoning File #2353. 2. The property is located in the LR-lA One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 2 acres. The lot is 53,400 sq. ft. or 1.22 acres. 3. The Orono Planning Commission reviewed this application on April 20, 1998 _ . � and recommended approval of the proposed variances based upon the following findings: A. The lot does not meet lot area or lot width requirements. B. The residence encroaches into the required side setback and the average lakeshore setback. C. The swimming pool encroaches into the 0-75' setback and was ! constructed before the shoreland regulations. Page 1 of 5 � °� . � o o � . �b. - C ITY of ORONU � ' ti '�' RESOLUTION OF THE CITY COUNCIL G r � .��kESH�4� • NO. � O � e3 . . D. There is a wetland along the east lot li�e. A 26' setback from the wetland is required for structures. E. There are sewer lines and a well on the properiy that restrict the location of additions. The applicant shall provide easements over the sewerline ot the City. . F. There is no basement under the residence which limits where the � � applicant can conduct his hobbies, which include woodworking. ' , G. The traffic volumes on County Road 1 S prevent the applicant from backing out onto the roadway. The traff'ic situation requires that the lot have a turnaround for vehicles. The t�unaround increases the amount of hardcover on the property. � H. The well adjecent to the existing garage restricts where additions to the � � garage area. . I The proposed hobby room will be architecturally compatible with the prinicipal structure. The location will not have a negative impact on the adjacent residential properties. J. No plumbing shall be installed in the accessory structure. . 4. 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 tr�c conditions, light, 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 � 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. Page 2 of 5 � � � °� � . � o 0 �b. - C ITY of ORONO � ' F '�' RESOLUTION OF THE CITY COUNCIL ��`q.k'E Hp4'�'G NO. � � `� � . � S 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance in the 75'-250' setback to increase hardcover from 39.4% to 40.2% per Municipal Zoning Code Section 10.22, Subd. 2 to permit conshuction of a 25' x 25' hobby room, subject to the following conditions: . 1. Applicant to remove driveway hardcover in an amount that limits all hardcover to 40.2%, resulting in �300 sq. ft. more hardcover than the existing amount of hardcover (39.4%). � 2. Future variances requests for increases in hardcover will not be favorably considered. � 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 (April 27, 1999). 4. Violation of or non-compliance with any of the terms and conditions of this variance 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 ancl 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 5 � � _ . f • � � O� ' • O O ��b. - CITY of ORONO � � � �� '�' RESOLUTION OF�T�E,�I�Y COUNCIL � . � �kESH.Og' � NO. . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of April, 1998. ATTEST: c � v�-�-_ Linda S. ee�City Clerk Gabrie abbour, Mayor Property Owner s STATE OF MINNESOTA ) S ) ss. COUNTY OF HENNEPIN ) , The foregoing instrument was acknowledged before me on this 27th day of April, 1998 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. °""'• CAROLEA.HASEMAN ��° �// '°"��`�� 1 ` �� NOTARYPUBLIC-MINNESOTA Notary Public : . " � HENNEPIN COUNTY � `�� • My Commisslon Exp(res Jan.31,2000 � . Page 4 of 5 J . .. •� � O� � _ . • O O . b. - C ITY of ORONO . . � ' ti . . '� RESOLUTION OF THE CITY COUNCIL � ��9kEH�4�G . . , . . � . NO. � Ov-� e`� . . . � � S � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this >a+� day of �c , 199�' , before me a Notary Public within and for said County, personally appeared Pn $�,se�,d. �farAat^PfA-.B�xti h��gh�hd�. w.-F� known to me to be the person(s) described in and who execute the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ..° '•e•. ( ..'(/.!��✓ �;, :i ,' CAROLE A.HASEMAN r,y O, �. �, NOTARY PUBLIC-MINNESOTA Nota Public r ;�`- :' ' � HENNEPlNCOUNTY rY �? ��•'� My Commission Fxplres Jan.31.2b00 STATE OF MINNESOTA ) � � . � � ) ss. � � � . COUNTY OF HENNI'�IN ) 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 5 .