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Home My WebLink About#4062 - variance I e ( + � � O� O O �d _- �� CITY o� URONO � tii � �,'�' ' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. L� �'� � � A RESOLUTIO\T DENYING A VARIANCE TO vIUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, FILE NO. #2348 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the state of Minnesota. W�REAS, pursuant to state statutes 412 et, seq:, the City Council of the City of Orono has adopted zoning regulations for the protection of public health, safety and general welfare; and WHEREAS, Mary Jane Hauser (hereinafter "the applicant") is the owner of the property located at 1540 Bohns Point Road �vithin the City of Orono (hereinafter "the City") and legally described as follows: See E�ibit A for legal description (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a new residence on a vacant lot that would exceed the 25% hardcover requirement in the 75' to 2�0' lakeshore setback. `Vf�REAS, the Orono Pla�uzing Commission reviewed this application on March 16, 1998 and recommended approval by a 4 to 0 vote based on a revised proposal of 25.9% hardcover in the 75' to 250' lakeshore setback where 29.8% was proposed by the applicant. WHEREAS, the Orono City Council on March 23, 1998 moved on a 4 to 0 vote to deny the variance request and directed staff to draft a denial resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, i��finnesota hereby denies the variance application based on or more of the following findings of fact concerning the property: Page 1 of 3 � o� 0 0 �b�- � CITY of ORONO � �� ,'�' RESOLUTION OF THE CITY COUNCIL L9kESH�4� NO. '� � ```' ,-, FINDINGS 1. This application was revie�ved as Zoning File #2348. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 57,200 s.f. or 1.13 acre. 3. The percentage of hardcover proposed for the residence and driveway in the 75' to 250' lakeshore setback is 25.9% where 25% is allowed. 4. The property meets area and width requirements. Allowing the requested hardcover variance would set a negative precedent in allowing a hardcover variance for new construction on a vacant lot of record that meets all zoning requirements and would not be in keeping writh the spirit and intent of the City's Community Management Plan and Zoning Ordinance. 5. A residence of reasonable proportions can be constructed on the lot without the granting of a hardcover variance. The residence as proposed includes a substantial driveway and two decks. The hardcover requirement can be rr�et with minor adjustments to these amenities. 6. The plight of the applicant is not due to a hardship unique to the property, but rather the desire to create decks and a driveway that increase the hardcover amount over what is allo�ved by code. 7. The City Council finds that the conditions existing on this property are not peculiar to it and apply generally to other property in this zoning district; that granting the variances would merely serve as a convenience to the applicant, it is not necessary to alleviate a demonstrable hardship or difficulty; it is not necessary to preserve a substantial property right of the applicant; and would not be in keeping �vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 3 �� . � � O� O O �.b _- CITY of ORONO � �, ti �� ,'�' RESOLUTION OF THE CITY COUNCIL � �, .:, �kESH04� NO. ' - 8. The City Council has considered this application including the findings and recoinmendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. r CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to deny a hardcover variance of .9% in the 75' to 250' lakeshore setback to allow 25.9% hardcover �vhere 25% is allowed for the construction of a new residence on a vacant lot. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of April, 1998. ATTEST: ��c, ?.�l / // Y Lirida S. Vee, City Clerk Gabri Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of April, 1998 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. 0 (,�fi;'.�- '�� (i ,%�/ -;m,J.. / � ;��.. CAROIE A HASEMAN ' I�Totary Public �t` 'r:''a`�'`" N07ARYPUBLIC-MINNESOTA i; ��;�,',,,�. 7' ,�;_:J,, HENNEFINCOUNTY r -- !�fy Ccrr,rricsicn Expires J y_=�}��.�M an.31,2000 :�r.��...'-''--�..�..-�-�� Page 3 of 3 , _ , � Leqa! Descri�Gon : ' � � €;, `° • � . - ; That part af Lot 1 in Section 9, Tovrnship 117, Rarx�e 23, desc�ibed �s foilowa: Commencing at a par�t on West t'ne of saai Section 9, 225 feet North oi Southw+o-st co�ner o#saEd 5eciion 9, tfierxx Narth along.sa�d West lir►e of Se�ctian 9, '!T5 fce� . thence East on a fine paralie! to the South line ot said S�ection 9 to tt�a shore of Lake Minnetonka; thenca in a Soutfiarty directlon atong the shore of l.ake Nfinnetank� 181.64 feet more or {ess to a point where the said shose is intersected by a line drawn through the point of beginning arxi paralfe!�to the South line of said Section 9; therice West on a {ine paralle� tu tfie So� �inz o!said Stcfion 9 to the po+nt�f�ginning, according to the pi�t thereof or� fite o� of r�cofd in the office ot the County Recorder, Hennep+n County, M-inr�esota. ,