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Home My WebLink About#4145-variance/CUP-1998 '� . «J.�3 � O� , • O O ��. - CITY of ORONO . � ' ti � �,'� RESOLUTION OF THE CITY COUNCIL . . �9kESH�4�' : � NO. � T � .� � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; . SECTION 10.56, SUBDIVISION 16 (L)(2); SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.03, SUBDIVISION 9 (D); SECTION 10.56, SUBDIVISION 16 (C)(5) AND AN AFTER-THE-FACT CONDITIONAL USE PERNIIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #2391 • WHEREAS, Evan Anderson (hereinafter "the applicant") is owrier of the property located at 1260 Spruce Place within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 10, Saga Hill Revised, together with that part of vacated Lake Street adjoining said Lot 1, Block 10 as shown on the survey attached to the notice of vacation in Book 848 of Miscellaneous, page 596, Document No. 3213583, filed in the office of the Register of Deeds, Hennepin County, Minnesota (hereinafter the , "property"); 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 August 17, 1998, at which times all persons desiring to . be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 760 sq. ft. (18.5%) hardcover in the 0-75' lakeshore setback where none is allowed and 4,221.7 sq. ft. (55.3%) of hardcover in the 75-250' lakeshore setback where only 25% is allowed; Section 10.03, Subdivision 14 (C) to allow structural coverage to increase from 1,992 sq. ft. • Page 1 of 6 ; , � O.' Y • O O ��b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL �L�.kE Hp4�'� . �. . . . NO. 4 1 � 5 � � � S (16.9%) to 2,033 sq. ft. (17.3%); Section 10.03, Subdivision 9 (D) to allow an accessory structure to encroach 5' into a side yard adjacent to the street setback where 10' is allowed; and Section 10.56, Subdivision 16 (C) (5) to allow retaining walls to be replaced within 75' of the lakeshore, and an after-the-fact Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow the replacement of retaining walls on the property. ` NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #2391. 2. The property is located in the LR-1B, Zoning District, where 1 acre or 43,560 . sq. ft. is the minimum lot area. The property consists of .27 acres or 11,736 sq. • ft. � � � 3. The Planning Commission reviewed this application on August 17, 1998 and recommended approval.on a vote of 4 to 2. 4. The Planning Commission made the following findings of fact: A. The property suffers from excessive drainage resulting in erosion on the property. . B. Lake Street is platted as a street, but is not developed. . � C. The retaining walls are being replaced, not constructed for the first time. D. No grading or filling has occuned on the property. . E. Variances for hazdcover and retaining walls and the conditional use permit aze after-the-fact issues. • Page 2 of 6 , . � O� O O • ��b. - C ITY of ORONO � ti . � G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' N O. � I �:�� 5. The City Council fmds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.. The City Council finds that granting an after-the-fact conditional use permit to allow the installation of retaining walls will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the . property will be in keeping with the intent and objectives of the Zoning Code . and Comprehensive Plan of the City. . � � 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 2 and Section 10.56, Subdivision 16 (L) (2) to permit 760 sq. ft. (18.5%) hardcover in the 0-75' lakeshore setback where none is allowed and 4,221.7 sq. ft. (55.3%) of hardcover in the 75-250' lakeshore setback where only 25% is allowed; Section 10.03, Subdivision 14 (C) to allow structural coverage to increase from 1,992 sq. ft. (16.9%) to 2,033 sq. ft. (17.3%); Section 10.03, Subdivision 9 (D) to allow an accessory structure to encroach 5' into a side yard adjacent to the street setback where 10' is allowed; and Section 10.56, Subdivision 16 (C) (5) to allow retaining walls to be replaced within 75' of the lakeshore, and an after-tfie-fact Conditional Use Permit per Municipal � Zoning Code Section 10.03, Subdivision 19 to allow the replacement of retaining walls on the property, subject to the following conditions: . • Page 3 of 6 � � , .. , � O� � O O ��e. - C ITY of URONO � ' � � � �'ti RESOWTION OF THE CITY COUNCIL � �`�kESxo�� . � . � rvo. 4 � 4 5 � . 1. The applicant receives approval for a variance from allowed hardcover in the 0- . . . 75' distance from the lakeshore. 2. The applicant receives approval for a variance from allowed hardcover in the 75- 250' distance from the lakeshore. 3. The applicant receives approval for a variance to allow retaining walls within 75' of the lake. . 4. No other grading or filling, or no repair or replacement of retaining walls will commence on the lot without City approval. 5. No additional structural coverage or hardcover shall be permitted on the lot. 6. Authorities granted by this variance run with the properry not with the applicant, � but axe permissive only and must be exercised by�application for a building • permit within one year of the date of Council approval, or the variances and � special conditions of this resolution will expire on that date (August 24, 1999). 7. 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms . of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. � . • Page 4 of 6 � , . , � O� i � � � � . ��D. � C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL . ��kE H�g'�'G . . NO. � � � S � . S � . . . Adopted by the Orono City Council on this 24th day of August, 1998. ATTEST: . � G�w -. �/�� L' da S. Vee ity Clerk Gab 'el Jabbour, Ma r V�`� P rty Owner(s) . � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of August, 1998, 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. � , Notary Public • Page 5 of 6 ,. , . � O ' Y • O O ' �D. - CITY of ORONO � ti �� G'�' RESOLUTION O�F �TH�E C�ITY C�OUNCIL 9kESH.�g' . NO. . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �day of ��-{�a�� , 1998 before me a Notary Public within and for said county, personally appeared ��,,,, �y��,,,h �r. M,, � /�v, �YS�„.ti,,��N�� i✓,`�P, known to me to be the person(s) described in and who execu ed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ��,�'�. CAROLE A.HASEMAN '� ya ,=�J�,�� G �Pi,,,��J 1 �''^ NOTARY PUBUGMINNESOTA ' � ';•'�A:-,1 HENNEPINCOUNTY NOTARY PUBLIC `��•�`° My Commission Expires Jan.3i,2000 .�c � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said counry, 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 � S Page 6 of 6