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Home My WebLink AboutResolution 3296CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Q290 A RESOLLTION GRA.rTV G VARI.k CES TO MUNICIPAL ZONL1iG CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2 FILE NO. 1831 WHEREAS, Edward Engler (hereinafter "the applicant") is the owner of the property• located at 3450 Birch Lane within the City of Orono and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) for structural improvements to the property that will result in 3.383 s.f. or 15.6% structural coverage where only 15510 is allowed, per Section 10.22. Subdivision 1 (B) where a 12' x 20' lakeside addition will encroach 21' beyond the averaee lakeshore setback line and the east side 16' x 24' addition will encroach 12' beyond the average lakeshore setback line where no such encroachment is allowed and proposed improvements will result in 221 s.f. or 2.937c hardcover in the 0-75' setback area where 353 s.f. or 4.68% exists and where none is allowed and a hardcover variance within the 75-250' setback area at 6,119 s.f. or 43.4Y'0 where 6,185 s.f. or 43.89% exists and where 3,522.5 s.f. or 25% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FL` -DINGS 1. This application was reviewed as Zoning File #1831. 2. The property is located in the LR -1C Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 21.630 s.f. or .496 acres. 3. The Orono Planning Commission reviewed this application on June 21, 1993 and recommended approval of the proposed variances based upon the following findings: Pace l of 6 —Wn5�.� O CITY of ORONO O O _ ted' • ROLLMON OF THE qM COUNCIL FS A. Applicant proposes the removal of 132 s.f. or 1.75 a of hardcover within the 0-75' setback area. Total hardcover will remain at 221 s.f. or 2.93% B. Hardcover within the 75-250' setback area has been maintained at 43.43%. There already exists 43.89%. C. 1.960 s.f. or 13.9% of the existing hardcover within the 75-250' setback area shown as asphalt driveway serves as an additional area for snow storage and turnaround for City vehicles. D. The age and condition of foundation of existing residence structure will not allow for an upward expansion. 4. The Citv 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. 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 of 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction of a 12' x 20' lakeside addition and a 16' x 24' cast side addition to the existing residence, subject to the following conditions: Pace 2 of 6 �o4C CITY of ORONO RESOLLMON OF THE CITY COUNCIL NO. �'2 r3 �— Applicant shall agree to continue to allow the City to use asphalt driveway area as shown on survey dated March 19, 1993, revised May 21, 1993, for turnaround use of snow plows and shall continue to allow the storage of snow during the winter months on the areas defined on that same survey included as Page (o of this resolution. 2. Applicant shall provide a detailed grading and drainage plan with the application information for building permit for new construction. 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 (June 23, 1994). 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 applicant has mad, 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 —. 0* 0 0 Q AS' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 2 J3 Adopted by the City Council of the City of Orono, tilinnesota at a regular meeting held on the 28th day of June, 11993. ATT ST: 0 othy,M. 1jallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of June. 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clcrk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. AW L BOW Notary public how, TA nBu CDLW" Mpp�tr►6�i�t2-tsar to Page 4 of 6 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �o before me a Notary Public appeared �iwo'-d i) Frrlef CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.'- day of ��.� 199 3 within and f r said county, personally - •:benn•r lI E�,.l• hsfh2rc � known to me to be the person(s) described in and w o execute t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. uxDu & VEE NOTARY pUK C . MdM1EWA HENNEPIN COUNTY W aw�rM W 0.1248 t otai'y Fublic STA )ss. COUNTY OF HE'NNEP:N ) On this day of 199 before me a Notary Pu is within and for said county, persona y appeared 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. Notary Public Page 5 of o 1`0 E A00,IL C "Lydis-d'a park. . parallel with and at dotted u "Inns tonka s, �n northd,. aid .• at a point diatant,'1 nar Of aid Lott Lot 1l 1 !ny ' distant 722 (p! origlaai VIAL Aja: • .�. ;,pl v, 2 �". j . --- FW or �. a_/ Pace 6 of 6 C I ;+ EXHIBIT "A" That part of the northeasterly half of Lot 18, "Lydiard's Park" Lake Minnetonka, lying northwesterly of a line parallel with and distant 197.5 feet Northwesterly from,that certain dotted line shown on the plat of said "Lydiard's Park" Lake Minnetonka, which dotted line is drawn at an angle of 88o to the northeasterly side line of said lot and intersects said side line at a point distant 85 feet Northwesterly from the Southeasterly corner of said Lot; and that part of the Southwesterly half of said Lot 18 lying Northwesterly of a line drawn parallel with and distant 222 feet Northwesterly from the base line as shown on the original plat of "Lydiard's Park" Lake Minnetonka, Hennepin County, Minnesota.