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Home My WebLink About#3008 - variance �y ��l y- ' Y 4 � � ',;;�, �, C I�Y of OROl`�TO �� '`� ��„ �'�' RESOLUTION OF THE ClTY COUNCIL ��kESH�� NO. 3 0 0 8 ---.-. A RESOLIITION GRANTING VARIANCES TO MIINICIPAL ZONING CODE SECTION 10.22, SIIBDIVISION 1 AND 2, SECTION I0.25, SDBDIVISION 6 (B) AND SECTION 10.03, SIIBDIVISION 14 (C) FILE #1665 WHEREAS , Thomas L. McCarthy (hereinafter "th2 applicant" ) is the owner of the property located at 1424 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as Lot 9, Block l , BALDUR PARK, 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 and 2 that would permit the reconstruction of an existing deck at 29' 4" x 10' located within the 0-75' lakeshore protected area located 60' from the shoreline and at a total area of 205.8 s.f. where no structure classified as hardcover is allowed. The applicant proposes a 22' x 24' detached garage requiring side and street setback variances per Section 10.25, Subdivision 6 (B) and hardcover variances within the 75-250' setback area per Section 10.22 , Subdivision 2. Applicant also seeks approval of a lot coverage variance for the proposed improvements that would result in a 2$ increase in allowed structural coverage. Existing structural coverage equals 1, 469.95 s.f. or 16.5$ , proposed equals 1, 653.95 s.f. or 18.5�. , NOW, THERBFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1665. 2 . The property is located in the LR-1C, Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. The property consists of 8, 894 s.f. or .204 acres. 3 . There exists 316.15 s.f. or 8.39 � of hardcover within the 0-75' lakeshore protected area. Applicant proposes replacement of a deck consisting of 205.8 s.f. Page 1 of 4 --- ��l � ' i� � � ,� t�; ,�., ��' �f �ROl�T� q i. � �� ` ,�� ,-°•, Gti' RESOLUTION OF THE CITY COUNCIL ��kESH�� N0. 3008 4 . A single stall detached garage exi5ts on the property located 1 1/2 ' from the east side line and 3' from the street Iot line. Applicant proposes a new detached garage to be located 4' from the west side lot line and 3' from the street lot line. 5. Applicant proposes the removal of existing hardcover resulting in a net reduction of 573.4 s.f. or 11.2$ hardccver. 6 . The Orono Planning Commission reviewed this application on July 15 and August 19, 1991 and recommended approval of the amended variance application based upon the following findings: A) Total structural hardcover for residence and garage is allowed at 1 , 500 s.f . Applicant proposes 1 , 499. 95 s.f. B) Proposed improvements will result in a net reduction of 573.4 s.f. or 11.2$ in hardcover. Existing hardcover is at 2 , 408 s.f. or 47 � . Hardcover is proposed at 1,834.5 s.f . or 35. 7� . 7. 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 yranting the variance would not adversely affect traffic conciitions, iignt, 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. 8 . 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 after-the-fact variance on the health, safety and welfare of the community. Page 2 of 4 � �y 11�r ' D�- ' V � � . � > ��.- �, CI�`�' o� OROl�T� � ti v RESOLUTION OF THE ClTY COUNClL '�'+.� _ �, �` G ��kES�I�4� N0. 3 0 0 8 CONCLIISIONS, ORDSR AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10. 03 , Subdivision 14 ( C ) , Section 10 . 22 , Subdivisions 1 and 2 and Section 10.25 , Subdivision 6 (B) to permit the replacement of an existing deck within the lakeshor� protected area and the construction of a 24' x 22' detached garage within the street yard , subject to the following conditions: l. All final improvements of this property are shown on Page 6 of this resolution. Applicant will be in violation of this approval resolution if all existing hardcover scheduled for removal has not been completed upon final inspection of the building official for new construction. 2. 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 within one year of the date of Council approval , or this variance will expire on that date (August 26, 1992 ) . 3 . Violation of or non-compliance with any of the terms and co�ditions vf 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 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 6 � • • ' �� ,; ;.,,,.. � ��'��' of ��1'�T� � � ��L , . �~' RESOLUTION OF THE CITY COUNCIL �kESH�¢� N0. 3 0 0 8 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of August, 1991. AT T: /1'i � � � ' . i �� ` � � � / s , �� ✓�� /� ,7 �� i � � %� / l�/��,/l'�/I��/ � �� /�!lL--_��%- Dorot y . Hallin, ity },1erk Barbara A. Peterson, l�iayor � �9 J Edward J. Ca}Iahan, Jr. , Acting Mayor I�;� '�' � ,� � `� � � � � 1 ! Property Owner(s) / / STATE OF MINNESOTA ) � * Edward J. Callahan, Jr. ) ss. Acting Mayor C�UNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on tk�is 26th day of August, 1991, by �,��f�k'/�/A%/�k�.kh'/5��' & Dorothy Me Hallin, Mayor & City Clerk of the City of Orono, a Minnesota �n»r�.icipal corporation and said instrument was executed on behalf �� the City. �n..G'-t�� J ` v�� r.otary Public LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Page 4 Of 6 My commission expires t3-12-98 �7 � �� V ,� ;';-�:_• �, C�''.�`�' of OR011�TT� :J � �� . :;. G~' RESOLUTION OF THE CITY COUNCIL L�kES H�4� N 0. 3 0 0 8 STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On thi s o�Co � day of �t-c.4 U 5 ��' , 19 9 l be�ore me a N tary Public wit in an or said count , personal ly appeared U/r►Cl5 a � IJYI r �So/� k��svn to me to be the person(s) de cr bed in and who executed tne £�regning instrument, and acknowledged that he (they) executed �he same as his (their) f ree act and deed. LINDA S. VEE � : NOTARY PUBIIC - MINNESOTA • HENNEPIN COUNTY �/ , �-Q� - My commissfon expires &12-88 Nota Public SOTA ) ) ss. �OLTNTY OF HENNEPIN ) �n this day of . 199 '�P�e�re me a Notary Public within and for said county, persona�� pp�ared k��a:�n to me to be the person(s) described in and who executed the �:ta��oing instrument, and acknowledged that he (they) executed �h� �ame as his (their) free act and deed. Notary Public Page 5 of 6