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Home My WebLink About#3191-Variances-1992 1d y � �y �. O� � O O � �n. - C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 3191 � A RESOLDTION GRANTING . VARIANCSS TO MDNICIPAL ZONING COD$ SECrION 10.22, SIIBDIVISIONS 1 AND 2, . . S$CTION 10.55, SIIBDIVSSIOP 8, AND SECTION 10.56, SIIBDIVISION 16 (L) , FII.E #1765 WHEREAS, John E. Moore (hereinafter "the applicant") is � owner of the property located at 801 Tonkawa Road within the City of Orono (hereinafter "City") and legal ly described as fol lows: Exhibit "A" attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8 ; and 10.56 , Subdivision 16 (L) to permit the construction of additions to the existing residence, such additions ,• constituting additional structure and hardcover in the 0-75' lakeshore setback zone where no structure or hardcover is normal ly allowed. NOW, THER$FOR$, B$ IT RESOLV$D by the City Counci 1 of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1765. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on September 21, 1992 and recommended approval of the proposed variances based upon the following findings: a) Approximately 60$ of the existing house and deck is located in the 0-75' setback zone. b) A proposed kitchen addition is proposed to extend an exterior wall approximately 5' nearer the shoreline than that existing wall of the house, yielding a 49' lakeshore setback instead of the existing 54' setback � Page 1 of 7 �� E% . � � O� O O � �b. � CITY of ORONO � � �� '�' RE$OLUTION OF THE CITY COUNCIL ��kESH�4� . NO. 3191 at that location. Adjacent portions of the house currently exist as near as 44' to the shoreline. The interior layout of the house makes it difficult to expand the kitchen area without encroaching into the 0- 75' setback. � c) The proposed second story addition above the existing master bedroom, which is 60' from the shoreline, will . � create no additional hardcover and wil 1 merely create � new structure above the existing footprint. - d) ,..' _The , increase in .0-75' hardcover as a result of the , -_ : , . ;, kitchen addition is 90 s.f. or an increase of 0.3$ �--� . �- hardconer- in- the 0-75' zone. There is no� extraneous hardcover in the 0-75' zone that could be removed to . � � result in no net hardcover increase. 4. At their October 12, 1992 meeting the City Council . determined that no net hardcover increase in the 0-75' zone • was justified. The applicant subsequently agreed to concurrent removals of 90+ s.f. of sidewalk in the 0-75' zone to result in no net hardcover increase above the existing 11.2� level in that zone. � � 5. The City Council has considered this application including the findings and" recommendations of the Planning Commission, reports by City staff, comments by the applicant and the . - � effect of the proposed variance on the health, safety and welfare of the community. . 6. IThe 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 � � rieighboring 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. . - - . Page 2 of 7. •� . . . . � I O� i O O ��n: - CITY of ORONO � � � ti ��L �G'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' � NO. 3191 CONCLIISIOHS, ORDffit AND COADITIOAS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L) to permit the construction of a 90 s.f. kitchen addition located 49' from the shoreline and a second story above the existing master bedroom located 60' from the shoreline, constituting a structure and hardcover in the 0-75' lakeshore setback zone where structure and hardcover is normally ' not allowed, subject to the following conditions: 1. Hardcover in the 0-75' zone is limited to 11.2� as shown on the site plan (Exhibit "B" attached). Hardcover removals are required as shown on Exhibit B. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level in the 0-75' zone, and any proposed improvements on the property that wil 1 result in additional hardcover must be approved by the City. Such approval may . result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. 2. All excavation work in the area of the kitchen addition shall be by hand� methods rather. than by heavy machinery. Proper measures shall be taken to protect the steep banks from erosion or vegetation disruption. 3. Authorities granted by this variance run with the property 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 (October 26, 1993). 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. . . Page 3 of 7 " ` , , . � O� . ,� O O �b. - CITY of ORONO � � � ti � G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. 3191 5. 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. Adopted by the Orono City Council on this 26th day of October, 1992. AT ST: . � Dorothy Hal in, City Clerk Barbara A. Pet rson, Mayor • Pr erty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknow ledged before me on this 26th day of October, 1992, by Barbara A. Peterson & Dorothy M. Hal lin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VE NESOTA � �� NOTARY PUBLIC - MIN _: HENNEPIN COUNTY Not ry Pu ic � My commission expires 8-12-96 S • Page 4 of 7 1 � � � , I O� • O O �b- - C ITY of ORONO � � ti �� G�' RESOLUTION OF THE CITY COUNCIL L�kESH04� NO. 3191 STATE OF � ) ) ss . COUNTY OF � � �� da o f , 19 9� On this Y .1.�L�� before me a No.tary Public ithin and for sai con Wn' toeme�tol be appeared . the perso (s� � esc bed i an� w o execut d the foregoing instrument, and acknowledged that � (they) executed the same as �(their) free act and deed. • " NOTARY PUBLI �r'��' .°h 'rorf:�� L'�sr�'��P � -. STATE OF MINNESOTA ) r�%� ,�F�'tl�� . )SS. �l�lgg� , COUNTY OF HENNEPIN ) ""'� 199 , before me On this � day of ersonall a eared a Notary Public within and for said �O know�n Pto me t 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 -7 : • ' : 'y ' • ' � . ' EXHIBIT A � RESOLUTION NO. 3191 � �LEG�L��'��3ESCRIE:��N � . . �.� . . , .�.... .. .. .._ . . .. .,, � . � : �...: ... � - ,'. 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'that: p.art-�o�f� Lo�t ,�1 , �Auditar�' s•� Subd�.vision .Nurnber �� •237;.`• ennepiii�'�ounty,. M�tiiie�so'ta.'�..:Lyirig �torthwes.terly of a line: _ � . � . par�llel wi.t#� �and . 30p•. feet�. Sotittieast2zly• megsured at. right angles,:. .. • � from.�the .rior�h�:�aesterly�.�lirie of Lot 1 .'and.�Iying ;Southeaster2y of��a. �line.. drawn.. paral��lel=.taith.,and� 200••feet�� Southeasterly. meast#red. 'at- �-`��.- rig�it a'ngles�•f.rocn the NorGhwestcrly l.ine of� ,said Lot 1.; ac.cordirig • to the plat thereo€ on file �or� of. record in the office o� the • Registrar• of Deeds ':in =�and �for said Cdunty. r � ' . . � � ','•. !'' /y•!:.• 111 �'�•b-i::�i� ''•" !'L' �•• ..- 1 - 4 i - ; - . 11 J,iwi�",'�',.•�� •j.! .t, ,, i � ••1 1 :1 � i �!:_' 'f i Ji 17 73� '•�::ita 1 ��! 1..� •'tri _! ~'� , t � �i .. 1 w• . . ! j '•� '�h't..y;�rlq.'• ;��; {t '• ,� •, � '1'•x':1'• j I�' I ` , .. m 1JOrI4 -7000 th pv .p H0 . , �• is \ 1 GO tAaJ � t'.•� wu 1 i .�9c 1 � .� . r ' 37V- i t� tY, � 'F' N ' f • cp °' (� le 0. I • • o/ •. w Gv Gd •.