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Home My WebLink About#4762-variance-2002 i�- . . �� . � o o � ��b. - � CITY of ORONO � ' � '�' RESOLUTION OF THE CITY COUNCIL ��`9k'E p4'�'� NO. �� 'l�' � �` �SII A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZOIVING CODE SECTION 10.22, SUBDIVISION 1(B)AND SECTION 10.56, SUBDIVISION 16 (C) (6) � FILE NO. 02-2750 WHEREAS,Edward Winer and Michelle Winer, (hereinafter"the applicants")are owners of the property located at 2010 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: See Attachment A WHEREAS,the applicants have applied for a variance to Municipal Zoning Code Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16 (C)(6)to allow encroachment . of 10' into the average lakeshore setback to permit an addition and deck to be constructed; and � WHEREAS, after due published notice and mailed notice in accordance with� Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 19, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2750. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning � District,where 87,120 s.f. or 2 acres is the minimum required lot area. The property consists of approximately 59,623 s.f. or 1.37 acres. � 3. The Orono Planning Commission reviewed this application on February 19,2002 and � recommended approval of the proposed variance based upon the following findings: '! Page 1 of 7 ��" ' /� �� " • � o � ��e. - � CITY of ORONO � ' � '�' RESOLUTION OF THE CITY COUNCIL � ��`�k',E Hp4�G � N O. � � �D � . �� A. The addition meets lot coverage by structures, yard setbacks and hardcover� requirements for the property. B. The residence was built prior to current lakeshore regulations. C. If the street was not between this property and the next lakeshore property to - the north along Shoreline Drive,the residence would be behind the average � lakeshore setback. The residences to the north are closer to the lake than this property. D. Neighbors'views of the lake will not be negatively impacted by the addition or deck. - 4. The City Council finds that the conditions existing on this properry are peculiar to it • . and,do not apply generally to other property in this zoning district;that granting the �� variances will 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. 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 variances to Municipal Zoning Code Section 10.22,Subdivision 1(B)and Section 10.56,Subdivision 16(C)(6)to allow encroachment of 10'into the average lakeshore setback to permit an addition and deck to the existing residence, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this � Page 2 of 7 ' ��'� . 7 O� • O O ��b. - CITY of ORONO � � ti �� p'�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� N0. � '� G� �, . resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by the variances 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 these variances will expire on that date (February 25, 2003). 3. Violation of or non-compliance with any of the terms and conditions of the variances •shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owners have read,understand 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of February, 2002. ATTEST: . �� v �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � � �� Property Owners • Page 3 of 7 i�� r . � O o ��b. - CITY of ORONO � ti �� G�' RE�OLUTION OF THE CITY COUNCIL � � ��sK� No. 4 ?' 6 �' � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of February,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said - instrument was executed on behalf of the City. � ��AA A .'..J�• L� L��1C�Q.lwww 0 A No ALISSA A.WINTERNHEIMER � STATE OF MINNESOTA NOTARYPUBUC-MiNNESOTA COLJNTY OF HENNEPIN MY Commission Expires Jan.31,zoo6 The foregoing instrument was acknowledged before me on this �� , day of � /�/�r� ,200 a by Linda S. Vee, City Clerk of the City of Orono, a Minnesota � municipal corporation and said instrument was executed on behalf of the City: Notary Public ��P�1SE M.LESKINEN NOTARY PUSLIC-Mq�INES�TA STATE OF MINNESOTA �''�'C0"'��0"��''31'� � COUNTY OF HENNEPIN . • On this�day of�Q,�G� , 20 G2 , �'��G�1��IQ ,l��t�i�. GV 1�✓1,2/' personally appeared before me, � who is personally known to me - .r/whose identity I proved on the basis of l�� J7L whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. - � • Notary Public � Page 4 of 7 ��,y►SE M.LESKINEN NOTARY PUBUC-NqNNESOTA My�qm�ssion Expires Jan.31�2065 i�� o 0 ��b. - CITY of ORONO � � . �� G'�' RESOLUTION OF THE CITY COUNCIL � ��`4k'ESgp4'� . NO. 4 � � � � STATE OF MINNESOTA • COUNTY OF HENNEPIN On this�'day of�� , 2002, personally appeared before me, who is personally known to me �hose identity I proved on the basis of M Al ('�L. . whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instnunent, and acknowledged that he/she/they executed the same as his/her/their free act and deed. . Notary Public � � C�NISE M.LESKINEN � N�TARY PtIELIC-M�INESOTA . �,�q�y�sion Expkes Jan.31,2085 • Page 5 of 7 . . � . . Exhibit A - � � � 4 � � � . • . f . All that part of the Northwest quarter of the Southwest quarter and Government Lot 3, Section 10,Township 117,North Range 23 West of the 5`�Principal Meridian described as follows: Commencing at the Southwest corner of Lot 6 of Elbridge S. Barnes' First Subdivision in , Section 10 Township 117 Range 23;thence Southeasterly along the Southerly line of said Lot 6 a distance of 295.08 feet to a point sa.id point being the true point of beginning of the property being described;thence deflecting Right at an angle of 90 degrees to a point in a line, said line being pazallel to and 207.08 feet distarit from the Southerly line of aforesaid Lot 6; thence Southeasterly along said pazallel line to the shoreline of Lake Minnetonka;thence Northeasterly along said shoreline to its intersection�with the Southerly line of aforesaid Lot 6; thence . Northwesterly along said Southerly line to the true point of beginning; EXCEPT that part of the Northeast quarter of the Southwest quarter and Govemment Lot 3 of Section 10 Township 117 Range 23,Described as follows: Commencing at a point on the Southerly line of Lot 6 of Elbridge S. Barnes' First Subdivision, distance 295.08 feet Southeasterly from the Southwest corner thereof; Thence Southwesterly at right angles from said Southerly line 30 feet to the Southwesterly right of way line of Central Avenue, said point being the point of beginning of the property being described;thence continuing Southwesterly at right angles from said Sq.utherly line 102.31 feet; thence deflecting left 90 degrees a distance of 50 feet;thence deflecting left 90 degrees a distance of 10231 feet to said Southwesterly right of way line; thence Northwesterly to � the point of beginning, according to the United States Government Survey thereof, and situate in • Hennepiri County, Minnesota.� ' � � � Page 6 of 7 . . .�� v ��• � a ONCt > aC�7 - + � , ``.. � _ a`,' . � ��"�� B , �i .°c`�°'v°�� o v+�i . . M/ /l//�\ G L a�a�Ci �tA tn� `�' S oj � o�v'�o"iuro � - � . �. � n'p�� z �m�b a r�°� 4 '� s � � a' � a � ai a+ • . X`��J y�p�o�a. �d >L V G fV Tl. 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