HomeMy WebLinkAbout#2661-variances - 1989 . �
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��'���`�'���s� .� RESOLUTION OF THE CITY COUNCIL
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A RESOLIITION GRANTING
VARIANCES TO
MIINICIPAL ZONING CODE
SECTION 10.22, SOBDIVISION 2 AND
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1422
WHEREAS , David S. Breitner (hereinafter "the
app 1 i cant" ) i s the owner of the property 1 ocated at 2 7 5 5 Casco
Point Road within the City of Orono (hereinafter "City" ) and
legally described as follows:
Lot 7, Auditor's Subdivision No. 265, Hennepin County,
Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2
and Section 10.25 , Subdivision 6 (B) to permit the construction
of a single family residence on a lot of 0.37 acre where 0.50
acre in area is normally required, and of lot width 60 ' where
100' in width is normally required, and comprising 34.25$
hardcover in the 75-250' lakeshore setback zone where only 25�
hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1422 .
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 19, 1989 , and recommended approval of the proposed
variances based upon the following findings:
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A) Applicant will be removing an existing sidewalk in
the 0-75' zone, resulting in a decrease in hardcover in
that zone.
B) The existing non-conforming detached garage will be
removed, benefitting the neighborhood.
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RESOLUTION OF THE CITY COUNCIL
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C ) The house location is appropriate given the
location of neighboring residences in relation to the
lakeshore, hence the excess hardcover associated with
the longer driveway is also appropriate.
D ) The proposed new residence will remove a
neighborhood eyesore, i.e. an old summer cabin which
has not been used as a full-time residence for at least
10 years.
E) Additional hardships include the fact that no
additional land is available, and that construction of
a residence nearer the road in order to meet hardcover
standards would not allow applicant to enjoy lake views
afforded to adjacent properties.
4 . 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 variances 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
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.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.22, Subdivision 2 and Section 10.25,
Subdivision 6 (B) to permit the constructior� of a residence on a
lot of 0.37 acres in area where 0.50 acres is normally required,
and of lot width 60 ' where 100 ' in lot width is normally
required, and comprising 34.26� hardcover in the 75-250' setback
zone where only 25$ hardcover is normally allowed, subject to the
following conditions:
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RESOLUTION OF THE CITY COUNCIL
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NO. 2661
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l. The existing garage and residence, including all
existing sidewalks, shall be removed prior to commencement
of construction of the new residence.
2. The applicant shall provide a grading plan to be
reviewed and approved by the City Engineer prior to issuance
of a building permit.
3. The existing boat house, which comprises 250 square feet
or 4.5� hardcover in the 0-75' zone, is allowed to remain
subject to the pertinent zoning code requirements governing
such non-conforming structures near the lakeshore.
4. Hardcover in the 0-75' zone shall not exceed 250 square
feet or 4.5$. Hardcover in the 75-250' zone shall not
exceed 3 ,580 square feet or 34 . 26�, as follows :
House 2,150 s.f.
Deck 350 s.f.
Driveway & Entry Sidewalk 1, 080 s.f.
TOTAL 3, 580 s.f. ( 34.26� )
5. 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 (June 26, 1990).
6. 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.
7. 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.
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���� City of ORONO
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`� �i��� RESOLUTION OF THE CITY COUNCIL
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NO. 2661
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the lOth day of July,
1989
ATTE T: ;
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arothy . allin, City Clerk J e R. Grabek, Mayor
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this lOth day of July, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
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Notary Publ ,, . � c�u��F�ER
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NOTA21 F liC—n1WNE`_O7A
HeNhd'cFiN CCJ�vTY
My conmis°.ion exNires6-&93
My Commissio pires
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� , �, RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,��`�' day of , 1981
before m a Notary Publ ' c within a fo� said county, personal ly
appeared - . , �- , {�, known to me to be
the person(s ) descri ed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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NOTA PUBLIC -
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MY CO
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public withir. and for said County, persanally appeared
known to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they ) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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