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Home My WebLink AboutRes 4535 /j�O 41. O 0 _-- : tip,p. CITY of ORONO '1 til 10111' �,� RESOLUTION OF THE CITY COUNCIL LSK NO. • 7 2 !i �_ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22. SUBDIVISION 1(A), SECTION 10.22, SUBDIVISION 1(B), AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO. 2617 WHEREAS,Douglas J.Olson and Barbara J.Bowers,(hereinafter"the applicants") are the owners of the property located at 2601 West Lafayette Road within the City of Orono (hereinafter "the City") and legally described as follows: • Tracts C and F, Registered Land Survey No. 131, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to allow a second story addition on the existing residence where a portion of it lies within 75'of the OHWL of Lake Minnetonka and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow the second story addition to encroach 70' into the average lakeshore setback. 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 September 18, 2000, 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 #2617. 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 18,2000 and recommended approval by a vote of 5 to 0. Page 1 of 5 7.;?,, /�O I CITY of ORONO 1/4L $4 �� 4C.) RESOLUTION OF THE CITY COUNCIL NO. 4 4. The Planning Commission made the following findings of fact: A. Hardcover in the 0-75'zone will not change as a result of the addition. It will remain at 9.1%. B. Hardcover in the 75-250' zone will not change as a result of the addition. It will remain at 29.0%. C. The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed addition. D. Lot coverage on the property is currently 8.8%, and will remain with the proposed addition, meeting the standard 15% limitation. E. Although the lot size is conforming with an area of approximately 1.5 acres, nearly half of the lot is in the 0-75' setback zone. F. The shape of the lot and the curve of the shoreline, as well as the fact that lake exists on both the north and east sides of the property are hardships that are unique to the property. 5. 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 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 rightof 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 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. Page 2 of 5 O 0 0 CITY of ORONO 1) /*k ~ / RESOLUTION OF THE CITY COUNCIL 44-ESI1D4, N0. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to allow a second story addition on the existing residence where a portion of it lies within 75' of the OHWL of Lake Minnetonka and Section 10.22, Subdivision 1(B)and Section 10.56, Subdivision 16(C)(6)to allow the second story addition to encroach 70'into the average lakeshore setback. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance 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 (October 9, 2001). 3. 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. 4. The undersigned applicants have read, understood 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 or Orono, Minnesota at a regular meeting held on • the 9th day of October, 2000. ATTEST: Li.d. S. Vee 'ity e. Gabri: Jabbour, Mayor Prope (s) Page 3 of 5 /�O .4i. //o 0 -. s ,-;�.------ - CITY of ORONO 4, �'` M: 11 ti RESOLUTION OF THE CITY COUNCIL t �' �ESH9� NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. A s''''.4':t HEIDI N.STURMAN ti 3`t NOTARY PUBLIC-MINNESOTA , ' ( frit44,/C `'' My Commission Expires Jan.31,2005 Notary Public STATE OF M' :_ '..-';; ._._ _ _,,- ---,,-:,•---- ) ss. COUNTY OF HENNEPIN ) On this ,ZL day of /ll'Xreak vxA--- , 2000, before me a Notary Public within and for said County, personally appeared -Pck'S 3- n15v-41 Cmeo-+-i-t known to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same .s s' •',.� ee act and deed. 11 ,t- HEM N.STURMAN 47 . s ,�> NOTARY PUBLIC• A L Li !,.,....,:f-c..,..- ,. < •14W x Jan.331, Notary Public STATE0 14-4.L-,—,• �.7 E�< -''—' 1��- �..�.cl- ) ss. COUNTY OF HENNEPIN ) On this :i�� day of N00col! 'L- , 2000,before me a Notary Public within and for said County, personally appeared fiQ,-va-—c -:S . 1�Cw •) i tvla y <rl 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. //'//lI!_/I_/./!N/fl./✓!�\ �,�- 0t '67 , cc-tZ'C-L lilt oc -7 HEIDI N.STURMAN N tory Public f,�' ,• NOTARY PUBLIC-MINNESOTA : Exhibit A • ‘ .1 ,,,, SFT 4,9 , ?--,,,,,, ,,,.., Shoreline Apr%I 19,1946 -a 24"Aah atm / • 22'A4. �'� •� a' 1. J' • I .Cwa�IkC Q 4e...7', ....47) y, '1 s ��. ��- Baca 1o,� \��\Or 1� .1 r(/y_ � aP � � n ,,',:4� � C,. a.30'64.70, _ �,( 4 ti Lin• --- _ •�_.�sla a•S al.r-, • ". Sur'72 Ls• a.� y Hew. ,I0 ', 0.L' r •'}. „ (�ooje N '.R r,I. r N SAr N • z.r•_ J • \13.1 36'Cb IC 151 30.. a.e 1r ce..e.1.;I4= 3cock oo•ock ..X- • '24 C?a E \ ` Llr:r \ v II PVCrl&Kure. ck Ab I i . '' � , , SITE PLA: r I I I ��i LEGEND \ / ri LOCATION OF PRl)rOIE!'I 1 I SEl'UND iI'11R 1'.J l.l.l r:UN T / ❑ L ECONDN OF PRUECSEO O p7 SFCUND SiUR1'DECC 9 ' ' •� RENO TES AREAS OF IIt!SO ELIEN 0 SC 90 1 I r Q ON.PREVIOUS RENIOCI t. IN FEET 0 I I ❑ DENOTES AREAS OF ACCED AE'IO N C Q HARDCOVER ON PRE\ICeS RE'IOOFI Y i \,) E QESCRIPTION' • cl- I -1 Tract C and F.Registered land Survey No. 131,Herrepn CcunF1 • I n \ ` GENERAL NOTES' r \ \ 1. • •Oenctes iron mcnumenl round. ( I I 2. 0 •Oenctes von monument set. 3. Areas: Property 10 sharerule 83.575 scuare feet Orive'Y3y 10.950 a.care feet 711 s oars feet � Pccl Building s;uare feet ' j , PcSI Brick Paving 1.807.$;•oars feet House 3.369 s.oars fee'. f Page 5 of 5 Concrete Walt 434 square feet ' Retainig Wail 163 srute feeIi! i