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Home My WebLink AboutRes 3545 w CITY of ORONO . RESOLUTION OF THE CITY COUNCIL NO. J1 �r �+ ' 3 8 L 5 1,'�441, ti kEH�� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 1996 WHEREAS, Gregg Perl (hereinafter "the applicant") is the owner of the property located at 309 Westlake Street within the City of Orono and legally described as follows: Lots 1, 2, and 3, Block 2, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow expansions of the existing roof envelope where a portion of the structure is locatedln 'entom a s willide resulttfinne where a 30' side setback is an addition of two bedrooms required. The proposed structural improvements within the second level of the southwest corner of the residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1996. 2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning District requiring two acres in area. The total property consists of 1.6 acres. 3. The Orono Planning Commission reviewed this application on February 22, 1995 and recommended approval of the proposed variance based upon the following unique findings and hardships: A. The property receiving the most impact by the substandard setback of this structure is a residence located approximately 60' away. The expansion of the roof envelope will not cause any significant encroachment on light, air or open space in the immediate neighborhood. Page 1 of 5 ran coos NO (C‘ O 416 CITY of ORONO RESOLUTION OF THE CITY COUNCIL Li NO. a� ESH B. The expanded roof structure will not be visible from the lake. C. Hardcover allowed on this property is 35%. Hardcover is at approximately 14%. D. Applicant has acquired additional lands doubling the area of the property from .8 acres to 1.6 acres. E. The City has received no negative comments from the property owner to the immediate south receiving the most impact with the expansion of the roof line of the residence structure. F. The footprint of the existing structure is 15' from the side lot line and the 3' eaves that extend southward are located 12' from the side lot line. 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 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 findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit structural expansion of the roof where portions of the structure are located within a substandard side yard requiring approval of an 18' or 60% side setback variance, subject to the following conditions: Page 2 of 5 0 °41.6\ C ITY of ORONO , -k:. �-.,. RESOLUTION OF THE CITY COUNCIL 1., 1 .1:(r•-> 3 54 NO. I. Applicant shall connect to municipal sewer by June 15, 1995 because of the expansion of bedrooms within the structure. 2. Applicant to obtain a building permit for improvements within the existing principal structure and for the relocation of a storage structure by April 15, 1995. Both permits are subject to a penalty fee. Principal structure improvements shall include method for restraining opening of patio door at upper level. 3. All exterior storage violations on this property shall be removed by July 1, 1995. All equipment and materials stored on adjacent property located at 3965 Bayside Road shall be removed no later than April 1, 1995. 4. 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 by April 15, 1995. 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. Page 3 of 5 01 -leOO CITY of ORONO ,� `'. . ,m\ ., RESOLUTION OF THE CITY COUNCIL 1 r; NO. 3 5 aa i•:- ,c),,,4-7) kEH_ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of March, 1995. A TEST: . , Zi4,yerizil J. Calr., Mayor Dc ()thy M. Ia lin, City Clerk EdwardY r p . 7 wn (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of March, 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. Yr�i�ri�rrrrirrrrrr�irrrriri� ✓ cti ! ' NOTARY INPUDBA ICS-.VI Notary Public t�� HENNEPIN COUNTYNNESOTA . My Commission Expires Jan.31,2000 kirrrrrrr�r��rrJr�J.��lrf r!�k Page 4 of 5 ham 5005 DO a, . . c'(70 . 0\\ CITY of ORONO �.,,,_. 1 RESOLUTION OF THE CITY COUNCIL f4 kESH0 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thisail day of Apr- ! , 199 6, before me a Notary Public within and for said county,personalty appeared Ore fq r1, 5i'ii9/e. known to me to be the persdfi( f Q s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Y��,..-...��LINDA S.VEE."i...fi ��/��,��' G�� - .: NOTARY PUBLIC-MINNESOTA ', ,: HENNEPIN COUNTY ti NOTARY PUBLIC 4 My Commission Expires Jan.31,2000 ��rrrrirrrf�ririri�•Yr�.rrrrrr-0! 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 Page5of5 Form 5005 0,,,