HomeMy WebLinkAbout#4606-variances �; _��
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' �e. - ;� C ITY of ORONO
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\� �,'� � RESOLUTION OF THE CITY COUNCIL
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��9kESH�j NO.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2,
SECTION 10.56, SUBDIVISION 16(L)(2),
SECTION 10.22, SUBDIVISION 1(B),AND
SECTION 10.56, SUBDIVISION 16(C)(6),
FILE NO. 2652
WHEREAS, Dennis D. Anderson, (hereinafter "the applicant") is the owner of the
property located at 1720 Bohn's Point Road within the City of Orono (hereinafter "the City") and
legally described as follows:
See E�ibit A
WHEREAS,the applicant has applied to the City for variances to Municipal Zoning
Code Section 10.22, Subdivision 2 and Section 10.�6, Subdivision 16 (L)(2) to allow 13,045 s.f.
(�8.7%) hardcover in the 75-250' setback zone to construct a paver walkway and outdoor stair
addition; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C)(6) to allow� a
second story addition on the existing residence to encroach 88' and 92' into the average lakeshore
setback.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannina
Commis�ion held a public hearing on January 17, 2001, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
Minnesota:
FINDINGS
1. This application was reviewed as "Loning File#26�2.
2. The property is located in the LR-1B, Single Family Lakeshore Residential Zonina
District, where 1 acre is the minimum lot area. The property consists of
approximately 1.48 acres.
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3. The Orono Planning Commission reviewed this application on January 17,2001 and
recommended approval by a vote of 4 to 0.
4. The Planning Commission made the following findings of fact:
A. Hardcover in the 75-250' zone will not change as a result of the addition
because applicant will remove an equivalent amount of existing hardcover.
B. Hardcover in the 75-250'setback zone will remain at 13,045 s.£(48.7%)with
the paver walkway and stairway addition.
C. The average lakeshore setback variance is justified by the conclusion that
existing views of the lake enjoyed by neighboring property owners will not
be encroached upon by the proposed addition.
D. Lot coverage on the property is currently 7.9%, and will remain with the
proposed addition, meeting the standard 15% limitation.
E. The shape of the lot and the curve of the shoreline, as well as the fact that
lake exists on both the south and east sides of the property are hardships that
are unique to the property.
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 will 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.
6. 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
�velfare of the community.
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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 Zoning Code Section 1022, Subdivision 2 and Section 10.�6, Subdivision
16 (L)(2) to allow 13,045 s.£ (48.7%) hardcover in the 75-250' setback zone to construct a paver
w�alkway and outdoor stair addition;Section 1022,Subdivision 1 (B)and Section 10.�6,Subdivision
16 (C)(6) to allow a second story addition to the existing residence to encroach 88' and 92' into the
a��erage lakeshore setback. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit B. Any amendments to the site plan ma�� require further
Planning Commission and City Council review.
2. Authorities granted by this variance run with the property not ��-ith 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 these variances«-ill expire on that
date (February 12, 2002).
3. 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.
4. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, his successors and assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on
the 12th day of February, 2001.
ATTEST: ,. - -- �
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,��� '�����F�,�i'.(Cl t��� ... �. _.L."\���' (�,�
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of February, 2001
by Barbara A. Peterson 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.
Notary• Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2001, before me a I�Totary Public within and
for said County, personally appeared �o���
to me to be the person(s)described in and who executed the foreQoing instrument,and acknowledQed
that he (they) executed the same as his (their) free act and dezd. �
Notarv Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2001,before me a Notary Public within
and for said County, personally 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
I
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Exhibit A
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LEGAL DESCR3PTION OF PREMISES :
Lot 3, "Auditor' s Subdivision Number, 349, Hennepin County, Minnesota", except that
port the�eof described as follows: Commercing' at the point of intersection of the
Southeasterly. line of Lot 1 1, in said Auditor' s �Subdivision No. 349 and the dividing
line between Lots 3 an.d 4 in soid subdivision;."thence Southeasterly along the
dividing line between soid Lots 3 and 4 a distance of 114.85 feet to the angle point
in said divicfing line, said point being the actua( point of beginning of the tract
of land to be described; thence Southerly along the dividiny line between sa�d Lots
3 and � a distance of 130 feet; thence East deflecting to the left at an �ngle of 90
degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of
said fake 16Q feet, more or less, to the dividing line between Lots 2 and 3 in said
subdivision; thence Westerly along the dividing line between said �ots 2 and 3 to
the angle poi;�; in last said dividing line; thence continuing Westerly in a straight
line to the actual point of beginning; except the Westerly 20 feet thereof, said 20
feet being measurPd at right angles to the dividing line between said Lots 3 and 4:
Also �n undivided 1/18 interest in Lots 10 and 1 1, "Auditor' s Subdivision Number 34?
Henne�in County, Minnesota" �ccording !o the plot therof on file or of record in
the office of the Registrar of Titles in ond for said County.
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