HomeMy WebLinkAboutResolution 2170Cite of ORONO
RE90LUTION OF THE CITY COUNCIL
NO. 2170
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
AND SECTION 10.25, SUBDIVISION 6 (B)
FILE #1125
WHEREAS, Charles B. Reid (hereinafter "the applicant") is the
owner of the property located at 1400 Baldur Park Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 15, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22, Subdivision 2 and 10.25, Subdivision 6
(B) to permit the construction of a residence addition to be located 7'
from the side lot line where a 10' side setback is normally required, such
addition resulting in an excess of hardcover in the 75-250' lakeshore
setback zone where only 25% hardcover is normally allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1125.
2. The property is located in the LR -1C Single Family Lakeshore
Zoning District.
3. The Orono Planning Commission reviewed this application on April
20, 1987, and recommended approval of the proposed variance based upon
the following findings:
A) The existing residence is 7' from the side lot line. The
proposed addition will range from 7' to 10' from the side lot
line, continuing the line of the existing house. This addition
will have no significant impact on light, air, open space or lake
views from the neighboring property.
B) Applicant can reduce the proposed hardcover from 42.7% to
under 40% in the 75-250' setback zone without appreciably
affecting the intent of his proposed addition. Hardcover in the
75-250' zone of 40% or under is consistent with other properties
in the Baldur Park neighborhood and is consistent with prior
variance approvals in the area.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2170
4. Applicant has submitted a revised proposal that includes 39.7%
hardcover in the 75-250' zone.
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.
6. 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 applicant, but is necessary to alleviate a demon-
strable 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B)
to permit the construction of a residence addition located 7' from the side
lot line where a 10' side setback is normally required, and a variance to
Section 10.22, Subdivision 2 to allow hardcover of 39.7% in the 75-250'
setback zone where only 25% hardcover is normally allowed, subject to the
following conditions:
1. Hardcover in the 75-250' lakeshore setback zone shall not exceed
39.7% or 3,119 s.f. as follows:
Existing House
996
s.f.
Existing Deck
368
s.f.
Existing Well Pit
16
s.f.
Addition
924
s.f.
Driveway
815
s.f.
3,119 s.f.
2. Applicant is advised that no additional hardcover will be approved
on the property, and any future proposals to add hardcover will not be
approved but might be approved only with concurrent removals of
existing hardcover, resulting in no net increase in hardcover.
3. Authorities granted with this resolution 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 (May 11,
1988).
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2170
4. 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.
5. The undersigned applicants have read, understood and hereby agrees
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 the property.
Adopted by the Orono City Council on this 11th day of May, 1987.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
City Of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 2170
On this /o? 4-1 -? day of _-a,4 / , 1987
before meat
tart' Public 'hin and for Laid county, personally
appeared fj 0.t 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.
099
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
19 —e_1
MY COMMISSION EXPIRES
On this day of , ] Q8 , before me
a Notary Public within and for said County, persoi,,lly appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the sante as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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