HomeMy WebLinkAbout#2552-variances-1988C�
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2552
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1,
SECTION 10.23, SUBDIVISION 6 (B), AND
SECTION 10.22, SUBDIVISION 2
FILE 11350
WHEREAS, Lauren and Joyce Born (hereinafter "the applicants") are
the owners of the property located at 1420 Shoreline Drive within the City
of Orono (hereinafter "City") and legally described as follows:
See Exhibit A attached, (hereinafter "the property"); and
WHEREAS,, the applicants have applied to the City for variances to
the Municipal Zoning Code to permit the construction of an addition to the
existing residence requiring a side setback variance at a 2418" setback
•where 30' is required [Section 10.23, Subdivision 6 (B)], a lakeshore
setback variance at 17' where a 75' setback is required [Section 10.22,
Subdivision 11, and a hardcover variance for new construction within the 0-
75' setback area resulting in 1,973 s.f. or 21% of hardcover where 2,563
s.f. or 27% hardcover exists and where none is allowed [Section 10.22,
Subdivision 21.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1350.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District requiring 2 acres of area.
3. The property consists of 13,196 s.f. or .3 acres.
4. The Orono Planning Commission reviewed the variance application on
November 21, 1988, and recommended approval of the proposed variances
based upon the following findings:
A) The applicants have acquired additional area adjacent to their
property in order to enlarge their severely limited property.
0
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2552
B) In reviewing the hardcover facts, the applicants have reduced
hardcover within the 0-75' and 75-250' setback zones with the
proposed improvement on the property:
0-75' Reduction of 6%
75-250' Reduction of 6%
C) The major addition to the existing structure will provide no
visual impact for the surrounding residential property because of
the location of the residential structure to the south and the
higher elevations of the property to the north.
D) The removal of major concrete- areas on the property and
replacing it with grass will provide a greater absorptive surface
for the run-off received from the north property and the property
to the south with excessive hardcover.
• 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
variances on the health, safety and welfare of the community.
6. 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 variances 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B)
granting a 512" or 17% side setback variance; per Section 10.22,
Subdivision 1 grants a lakeshore setback variance of 58' or 77%; and per
Section 10.22, Subdivision 2 grants a hardcover variance within the 0-75'
lakeshore protected area of 1,973 s.f. or 21% for a proposed addition to
the existing structure, subject to the following conditions:
• 1. Applicants must obtain a permit from the County Highway Department
for the creation of a new curb cut.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2552
2. All hardcover scheduled for removal must be removed prior to the
final inspection by the Orono Inspection Department for the new
construction.
3. Applicants are placed on notice that if the existing privacy fence
is to be removed as a result of this construction, that the relocation
of the existing fence or any proposal to install a new fence will
require City approval for fence sections located within the 0-75'
lakeshore protected area.
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 within one year of the date of
Council approval, or this variance will expire on that date (December
12, 1989).
5. 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.
6. 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 December,
19887
ATT T : -_ \ �
. i%&. --
M allin, City Clerk Jams R. G
v -E. L
P o erty Owne (s)
40 Page 3 of 4
, Mayor
OTA
COUNTY OF HENNEPIN
City of ORONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO. 2SS2
On this l v day of e- , 1980'
before me, a Notary Public within and for said county, personally
appeare Eac, , �uG� /a�azh h� G/.� 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.
JOHN R. GERHARDSON
NOTARY PUBLIC -MINNESOTA
HEENNNtSEPPIIN CCO�UNTY
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTA Y PUBLIC
/OX, ?/p7
MY COMMISSION EXPIRES
On this 1 7� day of , —"n7" , 198 , before me
a Notary Pu lic within and for said County, personally appeared
OAM,a known to me to be the
persons) 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
u.N %OERHARDSON
•�
yI,HE E�PIN COUNTY A
toQ849 MY COMMIS IO EXPIRES
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