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HomeMy WebLinkAboutRes 5054 A O O O '� CITY of ORONO vs,.4 r 'M � � G RESOLUTION OF THE CITY COUNCIL 41("Es110 NO. 5 0 5 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279.6 and 78-281(b) FILE NO. 03-2949 WHEREAS, Douglas J. Olson & Barbara J. Bowers, husband and wife, (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: Tract C and F, Registered Land Survey No. 131, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1279.6 and 78-281(b) to allow a 2nd story addition to the existing home that is situated entirely within the average lakeshore setback on a property that is a peninsula. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2949. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the average lakeshore setback variance based on the following findings: a. The average lakeshore setback variance is supported by the conclusion that the existing views of the lake enjoyed by neighboring properties will not be affected by the proposed addition. Page 1 of 5 r .4(?vO".._ V O CITY of ORONO ''L , �►�,�+y;''. .. �GP1 A\ gis- _.1,- p, ~ RESOLUTION OF THE CITY COUNCIL `titles-140v' NO. 5 ® 5 4 b. Lot coverage by structures on the property is currently 9.5%, and will remain as such with the proposed addition, meeting the standard 15% limitation. c. Although the lot size is conforming with an area of 1.91 acres, nearly half of the lot is in the 0-75' setback zone and the entire house is within the average lakeshore setback zone. d. The shape of the lot and the curve of the shoreline, as well as the fact that the lake exists on both the north and east sides of the property are hardships that are unique to the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent 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 a variance to Orono Municipal Zoning Code Sections 78-1279.6 and 78-281(b) to allow encroachment into the average lakeshore setback for a 2nd story addition, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building Page 2 of 5 gv 0.4/ O O ttlito CITY of ORONO ,s, ‘1 , 1,4 ', ii,,16 G RESOLUTION OF THE CITY COUNCIL L9kEsildi4 No. 5 0 5 4 permit for the new construction within one year of the date of Council approval, or the variance will expire on that date(September 22, 2004). 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22nd day of September, 2003. ATTEST: ,:/..., --,i.,-,/-e, I. ._.....k.__' /t6a4-&ii ----/-e -7-- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor A iC i&J ) /4..04 Property .4 ner(s) Page 3 of 5 . , -, . ----- 11) 0 ' V O O 3 CITY of ORONO 1, 17 = ti L �►ii*, �G~ RESOLUTION OF THE CITY COUNCIL `gkESH�4 NO. a 0 5 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this -`7 day of cr�?l.Lolie-), 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. (---44._ e.... (---e ( a cv-ke__ -x,.. Notary PublicRACHEL DODGrE^ A ft N -1 sy FUCLIC-A"1"` TO ° . z 11,;Comr. ca x,. STATE OF MINNESOTA COUNTY OF HENNEPIN Y' c: The foregoing instrument was acknowledged before me on this day day of .y Cc-,,,,i , , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE --/-</ s1 /-< Cc..c /—�. ( O�'C(IC_ NOTARY BLIC-MlNNE'OTA �1 Notary Public My Ccmmission Expires Jan.31,2005 Page 4 of 5 . . • 4 0-C‘ 0 ....,..,. CITY of ORONO �r 4� . ►*.`' ' O RESOLUTION OF THE CITY COUNCIL IkES1104 NO. 5 0 . 4 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 13iday of OC -Ob-Piv 2003 by Douglas J. Olson, husband of Barbara J. Bowers. BARBARA G.SILOS ti ,, , I V ':' y NOTARY PUBLIC-MINNESOTA Ld�L� -Lt My Commission Expires Jan.31,2008 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this J/qday of rte T-D1 ,r , 2003 by Barbara J. Bowers, wife of Douglas J. Olson. N ', 1 •' '`' DENISE M.LESKINEN i��� A 0 CCc mmbsio Expires / 4 Exp Notary Public Page 5 of 5 - \ ni 15 a \(3,, 7, 'i$14- �: _ .. . 'N eb di IL 4 .11.4c-- .k= .N 1 a q\\ a cr: ________ - I 1� 0 1 IMI11111131.7 ..---...---..-/ ® A i • / ' t. W 1_ -stzoke\rt." 0 3 • a n O 71 Z \ , le> Ni. \ _c;s:, I Y-7,' I ;- 03 I\ ...,2 ti x_ e ,1 --f,- 1L 1 N - i ' � � . � ® m W n p io.% \ p a- N 70 o wit v CA 0 0 © / ? i° ® N -? \ T GI 42.V o ` \ . 8 a.. .. . .,. ... \1. ‘..., \ \----t A---- i.,; -` s i b r �-- 8 1. p l3� p\-- of _4C- -Th5 LP .� �d ig O zzID 0 S` .001./' I '': • €- .:4% ' '4* Y L