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Home My WebLink About#3275-variances-1993 �°� . O ,. O CITY of ORONO .� ,� T ,. � . .� -� � � xESOLtrriox�O� ��crrY couivc� '�� , G N0. ti �9kE88�4'� . A RESOLUTION PROCLAIMING OLDER AMERICANS MONTH WHEREAS, older Americans are significant members of our society, investing their wisdom "and experience to help enrich and better the lives of younger generations, and WHEREAS, the TAMARACK SENIOR CENTER has acted as a catalyst for mobilizing the ' creativity, energy, vitality and commitment of older residents of Long Lake, Orono and Medina, and WHEREAS, through the wide array of services, programs and activities, senior groups empower older adults of the Orono area to contribute to their own health and well-being and the health and well-being of their fellow citizens of all ages, and � WHEREAS, on Thursday, May 13 , the Tamarack Senior Center • will celebrate O1der American Month and the 3rd Anniversary of the Tamara.ck Senior Center. . Now therefore, the Orono City Council, does hereby proclaim May of 1993 as Older Americans Month and call upon all citizens to recognize the special contributions of the Senior groups participants, and the special efforts of its staff and volunteers who work every day to enhance the well-being of the older persons in our city. � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 24, 3993 . - - - / / ' . Edward J. C a an, Jr. , �br A ST: a � • . 0 othy allin, City Clerk . • ; r�soos a�o�» . I . . * . � � O�. O :. Q CITY of ORONO • � � :� � RESOLUTION OF THE CITY COUNCIL � �� g � ',�'+� i. .b�� ,�,l�' NO. � �i � e� '�'�`9�t' O.�'�iG ESS A RESOLUTION GRANTING VARIANCE5 TO MUNICIPAL ZONING CODE � SECTION 10.03, SUBDIVISION 14 (C), � SECTION 10.22, SUBDIVISION 2 AND : SECTION 10.24, SUBDIVISION 5 (B) � FILE NO. 1812 WHEREAS, Thomas Patrick Goodyear(hereinafter "the applicant")is the owner , of the property located at 712 Tonkawa Road within the City of Orono (hereinafter "Ciry") and legally described as follows: . � That part of Lot 8, Parten's Point, First Addition, Hennepin County,�Minnesota � lying southeasterly of the following described line: commencing at the most � , westerly corner of Lot 8; thence southeasterly along the southwesterly line of said Lot 8 a distance of 51.34 feet to the point of beginning of the line being • described; thence northeasterly parallel with the north line of said Lot 8 to the , shore of Lake Minnetonka and there terminating (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal , Zoning Code Section 10.22, Subdivision 2 to permit construction that would result in an increase of 113 s.f. or 1.25% hardcover within the 75-250' setback area, hardcover exists at 2,409.6 s.f. or 26.8% and is proposed at�2,522 s.f. or 28% where only 25% is allowed, per Section 10.24, Subdivision 5 (B) a second story addition to be installed over the existing footprint located 4' from the side lot line instead of the required 10' and per Section 10.03, Subdivision 14 (C) seeks ° approval of a lot coverage variance where improvements result in 2,366 s.f. or 18.4% of structural coverage where only 15% is allowed and where 17.1% exists. � ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � . ' FINDINGS 1. This application was reviewed as Zoning File #1812. � 2. The property is located in the LR-1B Lakeshore Residential Zoning District � requiring one acre in area or 43,560 s.f. The property consists of 12,835.5 s.f. � or .29 acres. � .'' • , Page 1 of 5 . i ,v :; , � . Fam5005 MskUoro , .� °� O :. O CITY of ORONO • �;�.=� RESOLUTION OF TI� CITY COUNCIL � � �d� ,y,�' NO.� �w � e� � ��9� o4�G E88 3. The Orono Planning Commission reviewed this application on April 19, 1993 and recommended approval of the application as amended based upon the following findings: � A. There is no additional land available. B. Applicant proposes a reduction of hardcover within the 0-75' setback area of 293.3 s.f. or 7.6% where 10.7% exists. C. The properry is only 51' in width. The existing structure is 34.3' maximum width and could never meet the required side yard setbacks. D. The foundation of the structure has been reviewed by structural engineers and found to be able to support the second story addition. : • E. The residence is located well behind the average lakeshore setback of the , residences on adjacent lots. . . 4. 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 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 properry right of the applicant; and would be in keeping with th� spirit and intent of the Zoni.ng Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Conunission, reports by City staff, comments by the applicant 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 fmdings noted above, the Orono City Council . hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C), Section • Pa e2of5 ' . g • Fam 5005 IXsk 0iono t O � �' CITY of ORONO O :,� O . =�"� RESOLUTION OF TI� CITY COUNCIL � � ; �:a�;� yti NO�, � �� "�� G � . 9�ESII�g'� . 10.22, Subdivision 2 and Section 10.24, Subdivision 5 that would allow the construction of a second story addition to be located 4' from the left side lot line resulting in an excess of hardcover within the 75-250' setback area, hardcover is proposed at 2,522 s.f. or 28% hardcover where 2,409.6 s.f. or 26.8% exists and a lot coverage variance at 2,366 s.f. or 18.4% where only 15% is allowed and where 17.1% exists, subject to the following conditions: 1. Prior to the issuance of a building permit for new construction, applicant shall obta.in a demolition permit for the removal of the boathouse within the lakeshore yard. . . 2. All structural improvements to principal structure shall meet required 10' setback from right side yard. Chimney can encroach no more than 1'/a' into side yard and access stairs from second story deck must meet 10' side setback. 3. Applicant is placed on notice that detached garage within street yard that • � encroaches the right-of-way of County Road 135 is non-conforming and is subject to all pertinent ordinances. Any proposed structural repairs to this structure will require City approval. 4. Authorities granted by this resolution run with the properry not with the applicant, 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 (May 10, 1994). 5. 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. 6. 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. • Pae3of5 g . � - � Fam 5005 Disk Orpno , . , O . � �' CITY of ORONO � �� .� � � . :� -� RESOLUTION OF TI� CITY COUNCIL �1 '� ' ' �:.�.:..��„, ,�, �- �„ � .a� �, NO,�,�. � �i Y � ��9� og�G . � ESH Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the lOth day of May, 1993. A EST: � � � Dorothy . allin, City Clerk Edward J. Ca� an, Jr., Mayor roperry Owner (s) STATE OF MINNESOTA ) � • ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this lOth day of May, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �;,"� , JAMIE L.BOSMA Nota blic NOTAAY PU�LIC-MINNESOTA . .;�' : ' HENNEPIN COUNTY "-w•�•'� My Comm.6cpires 12-19-97 • Pa e4of5 g . � Fam5005IXskOrono . . . . � O� O :. O CITY of ORONO � �;��"� RESOLUTION OF THE CITY COUNCIL � C� •3 ::' ,y . I� � � �3 ,�, � y a,� �S, NO. � � ti �� o4�G ESII STATE OF MINNESOTA ) . . ) ss. COUNTY OF HENNEPIN ) . On this /�`�� day of , 199�before me a Notary Public within and for said county,personally appeare �n►�-,a� ��'r�c� � �-��r, , � � n known to me to be the person(s) described in and who executed the foreg mg ' trument, and acknowledged that he (they) executed the same as his (their) free act and deed. � CAROLE q, FWgE(NqN NOTAF�"'�L°-'N°��T� NOTARY PUBLIC / HENNEPIN COUN7y • � 61Y COMMtSS10N EXPIREB ix►9a STATE OF MINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) 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 � . � Fam 5005 IXsk Orono