HomeMy WebLinkAboutResolution 1878City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1878
A RESOLUTION GRANTING VARIANCES TO !MUNICIPAL
ZONING CODE SECTIONS 10.22 SUBDIVISIONS 1 i 2
AND 10.25 SUBDIVISION 6(B) - FILE #977
WHEREAS, James Werner (hereinafter "the applicant")is owner
of the property located at 1408 Baldur Park Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 13, Block 1, Baldur Park (hereinafter "the property");
and
WHEREAS, the applicant has applied to the City for a variance
to Municipal Zoning Code Section 10,22, Subdivision 1 to permit the
construction of additions to an existing house, which additions
encroach approximately 5' into the average lakeshore setback area; and
a variance to Section 10.22 Subdivision 2 to permit hardcover in excess
of the 25% hardcover allowed in the 75-250' lakeshore setback zone; and
a variance to Section 10.25 Subdivision 6B to allow a side setback of
5.7 feet where a 10' setback is normally required.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as zoning file #977
2. The property is located in the LR -IC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on October 21, 1985, and recommended approval of the proposed
variance based upon the following findings:
a) The property is 12,000 s. f . in area or 0.28 acre and
contains an existing garage and house. No other land is
available to increase the area of the property.
b) The proposed additions will cover 158 s. f . additional
area that is not currently hardcover.
c) Substantial areas of deccrative rocks underlain by
plastic exist on the property that can be made non -
hardcover, so that there is capability to have no net
-6increase in hardcover as a result of the additions.
Page 1 of 4
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
1878
d) The existing garage was allowed as part of a hardcover
and setback variance in 1979. The deck at the lakeside
of the house, which will now be enclosed, was permitted
in 1979.
e) Because of the angle of the house with the side lot
line, the southerly addition will encroach and
additional 0.3 feet on the side lot line for a setback of
5.7 feet where a 6 foot setback now exists.
f) Enclosure of the deck at the lakeside causes an
encroachment of 5 feet into the average lakeshore
setback, but poses an insignificant reduction in
neighboring views.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staf f , comments by the applicant
.and the effect of the proposed variance 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
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
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision to permit the construction of additions to an existing
house, which additions encroach approximately 5' into the average
lakeshore setback area; and a variance to Section 10.22 Subdivision 2
to permit hardcover in excess of the 25% hardcover allowed in the 75-
250' lakeshore setback zone; and a variance to Section 10.25
Subdivision 6B to allow a side setback of 5.7 feet where a 10' setback is
normally required, subject to the following conditions:
Page 2 of 4
.1
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1878
1. The maximum hardcover allowed on this property is 36.5%
or 3,012 square feet in the 75-250' zone. Applicant is placed
on notice that future requests for additional hardcover on
the property will likely be approved only with concurrent
removals of existing hardcover.
2. Applicant shall remove all hardcover in exce:.s of 3,012
square feet prior to a certificate of occupancy for the
proposed additions.
3. 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 (October 28, 1986).
4. 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.
5. 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.
Adopted by the Orono City Council on this 28th day of October,
(1) Property Owner
�!LC _j"k N C-�- nN
Mary C. BµtiT er, Mayor \
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1878
STATE OF MINNESOTA
I ss.
COUNTY OF HENNEPIN )
On this day of 1985
before me a� Notary bl* within and for said county, personally
appeared r; ��hJ _ '? 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.
•nw •
DIIMNE J. ERICKSON
i NOTARY PUBLIC - MINNESOTA
' HENNEPIN COUNTY
IAy Commission Expires Apr. 6. 1989
■v�nnnnnnnnnnn+w , ! x
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
)ss.
NOTARY PUBLIC
&61
* /fi-f
MY COMMI ION EXPI ES
/ 7o"(--
On this c ^�� day of _�l-�lw�l S, before me
a Notary Public within and for said County, personally appeared
,.. �/1 &-Zll P. 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.
' i/Plt .'-�. fl -A
�
NOTARY PUBLIC
.r1 MICHAEL P. GAFFRC:I
W-,.,Y
NOTARY PUBLIC-MINIt.I-'-•%
HENNEPIN CC::,;7•;4 Commis:ion cvires
MY COMMISSION EXPIRES
Page 4 of 4
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