HomeMy WebLinkAboutRes 3589 . _
f=. CITY of ORONO
(;, RESOLUTION OF THE CITY COUNCIL
9kESH0g
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (A) AND 2
FILE NO. 2040
WHEREAS, Douglas J. Olson (hereinafter "the applicant") is the owner of the
property located at 2601 West Lafayette Road within the City of Orono and legally described
as follows:
Tracts C and F, R.L.S. No. 131, Files of Registrar of Titles, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the installation of a new patio
area adjacent to a pool entirely located within the 0-75' setback area that will be located 24'
from the shoreline where a 75' setback is required and where the existing patio is located 24',
the patio shall be installed with interlocking pavers placed in a sand bed resulting in 1,046 s.f.
of hardcover where 1,216 s.f. exists and where none is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2040.
?. The property is located in the LR-1B Lakeshore Residential Zoning District
requiring one acre in area. The property consists of 60,000± s.f. or 1.37 acres.
3. The Orono Planning Commission reviewed this application on July 17, 1995 and
recommended approval of the variances as proposed based upon the following
unique findings and hardships:
A. Over 50% of the area of this property is located within the 0-75' setback
area.
B. The house and improvements were constructed prior to current standards
for lakeshore development.
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�� CITY of ORONO
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C. The property has over 800 lineal feet of shoreline.
D. The concrete patio area shall be replaced with interlocking pavers placed
in sand bed that will provide increased absorption by runoff.
4. The City Council fmds 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 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.
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.
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, Subdivisions 1 (A) and 2 to permit
the installation of a patio of interlocking pavers at 1,046 s.f. adjacent to pool located within
lakeshore protected area that will result in total hardcover of 2,757.69 s.f. or 8.1% where
2,992.69 s.f. or 8.86% existed and a lakeshore setback variance of 51' or 68%, subject to the
following conditions:
1. All hardcover improvements scheduled for removal shall be completed prior to
the City issuing a building permit for the installation of a replacement patio.
Applicant's contractor to call for a site inspection to confirm the required
removals.
2. Applicant is placed on notice that at the time applicant files for a future variance
application for improvements to the existing residence located within the 75-250'
setback area, applicant will be expected to consider extensive paving removals in
street yard of property.
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70 0=. CITY of ORONO
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'c'' ti RESOLUTION OF THE CITY COUNCIL
L� �'w��1 �G NO. 3 5 S 9
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3. Authorities granted by this resolution 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 (August 14, 1996).
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.
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 City Council of the City of Orono, Minnesota at a regular meeting
held on the 14th day of August, 1995.
ATST:
Ag --)--) &-e-e-c-:-.L t-4`rf i ,/J
Dorothy . H lin, CityClerk
EdwarJ. Callaha/Jr., Mayor
() 1 \ ') 1 /
Ali t;•--7
Property 0 ' ner ('
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
August, 1995 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.
ti
1 OTAAR`rO PUBLIC-MINNESOTA2i' ,(' . ,cl .� -,.c--.72-el
ti �. HBdNE N CN COUNTY Notary Public
\, ,.. My Commission Expires Jan.31,2n00
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CITY of ORONO
tvoil Gti RESOLUTION OF THE CITY COUNCIL
lkESH ¢� NO. ie 5 g
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J7„ cl day of Se'*. ,,L P� , 1995 before me a Notary
Public within and for said county,personally appeared p,,,:,/vs J (7 ,;, aho/RO,-A 6 R ,-A6f6 8c w em
ht: h4n� e] w ,, known to me to be the person(s) described in and who execute:
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) fr
act and deed.
< CAROLE A.HASEMAN
MOWN FURC-MINNESOTA �//j r/� .� /E •�L�/�J
4 31.2t100 t�\ NOTARY PUBLIC
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
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