HomeMy WebLinkAbout#4416 - Variances /--�
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�,� G'� RESOLUTION OF THE CITY COUNCIL
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RESOLUTION GRANTING V�iRIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1(B) & 2; AND
SECTION 10.5b, SUBDIVISION 16 (C) (6) & (L) (2); AND
SECTION 10.23, SUBDIVISION 6(B)
FILE NO. 2��7
`��IEREAS, Daniel J. N1cAthie and Judith K. McAthie, husband and wife,
(hereinafter"the applicants") are owners of the property located at 1449 Bay Ridge Road within the
City of Orono (hereinafter "the City") and legally described as follows:
Tracts C and P, Registered Land Survey No. 192, Subject to easement for County
Road 15, Hennepin County,Minnesota (hereinafter "the property"); and
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 January 19, 2000, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zonin� Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow
the construction of an addition to the garage and an addition to the second story of the existin�home
that encroaches 20' into the average lakeshore setback and per Section 10.22, Subdivision 2 and
Section 10.56,Subdivision 16(L)(2)to allow 5,745 s.£(28.27%)hardcover in the 75-250'lakeshore
' setback area where 6,241 s.f. (30.7%)exists and 5,081 s.£ (2�%)is allowed and per Section 10.23,
Subdivision 6(B) to allo�v a side yard setback of 10.62' to the north property line and 9.93' setback
to the south property line �vhere 30' setback is required.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
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�,� G'� RESOLUTION OF THE CITY COUNCIL
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�FINDINGS
1. This application was reviewed as Zoning File #2557.
2. This property is located in the LR-lA Zoning District, where 2 acres or 87,120 s.f.
is the minimum lot area. The property consists of approximately .98 acres or
42,784 s.f.
3. The Orono Planning Commission reviewed this application on January 19, 2000
and recommended approval by a vote of 5-0.
4. The Planning Commission made the following findin�s of fact:
A. The lot is unusually shaped undersized for the LR-lA Zoning District.
B. The amount of hardcover in the 7�-2�0' setback area is being reduced
from 6,241 s.£ (30.7%) to 5,745 s.f. (28.27%).
C. The residence was built in 1967 prior to standards being adopted for
hardcover and average lakeshore setback.
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 neighborin�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 keepin� 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
w-elfare of the community.
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�'',� �'� RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal ZoninD Code Section 10.22,Subdivision 1(B)and Section 10.56,Subdivision
16 (C)(6) to allow the construction of an addition to the garage and an addition to the second story
of the existing home that encroaches 20' into the average lakeshore setback and per Section 10.22,
Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 5,745 s.f. (28.27%) hardcover in
the 75-250' lakeshore setback area where 6,241 s.f. (30.7%) exists and 5,081 s.f. (25%) is allowed
and per Section 10.23, Subdivision 6(B)to allow a side yard setback of 10.62'to the north property
line and 9.93'setback to the south property line where 30' setback is required. Approval was subject
to the following conditions:
1. Council approval is based on the site plan submitted by the applicants attached to this
resolution on Page 6. Any amendments to the site plan may require further Planning
Commission and City Council revie�v.
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 this variance will expire on that date
(January 24, 2001).
3. V iolation 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 tYre property.
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�''.� G'� RESOLUTION OF THE CITY COUNC�L
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Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on
the 24th day of January, 2000.
ATTEST:
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Linda S. Vee, City Clerk Gabrie�abbour, ivlayor � ��
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Property Owner )
STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
The foregoing instrument was ackno�vledged before me on this 24th day of January,
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.
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�--�.�,c.-�.-r,�::-•-_��r�:,`:.�___. -::.�-. - - �IOt3Ty PUb11C
CAROLE A. HASEMAN
NOTARY PUBLIC•MIlNNESOTA
My Ca�xnission Expire�Jen 31.2005
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�,� G"� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
On this /! f^ day of 1—�.hr�v��.� , 2000, before me a Notary Public within
and for said County, personally appeared f�-�n�c� J �IcAt1��e�.J,:��h K•�1�/�tt,►� !� :�,ha„d a.►�>=z,
know�n 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.
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CAROLE A. hP1�EP�1AN Notary Public
NOTARY PUBUC-MlNNESOTA
Ily Camrr�ss�on Exptres,lan.31,20�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2000, before me a Notary Public �vithin
and for said County, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledjed that he (they) executed the same as his (their) free act and deed.
Notary Public
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