HomeMy WebLinkAbout1985-06-18 Resolution 1773r
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1773
A RBSOLOTION GRANTING
A VARIANCE TO
KDNICIPAL Z(MIING CODE
SECTION 10.22, SOBOIVISION 1
FILE 1908
NBEREAS, Jon Scherven (hereinafter "the applicant") has
an interest in the property located at 2649 Casco Point Road
withxn the City of Orono (hereinafter "City") and legally
described as follows:
Lot 138# Spring Park (hereinafter "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 an addition to his existing house#
which addition will encroach 8 feet into the required average
lakeshore setback area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono# Minnesota:
FINDINGS
1* This application was reviewed as Zoning File 1908.
2. The property is located in the LR-IC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on April 15# 1985# and recommended approval of the proposed
variances based upon the following findings:
A) Applicant has agreed to remove 190 square feet of
hardcover in the 75'-250' setback zone, which is an
equivalent amount of hardcover to the portions of deck
proposed in the 75 ’-250' setback zone.
B) The proposed addition will be placed over an area
of existing hardcover in the 75'-250* setback zone.
C) There will be no net increase of hardcover in the
75'“250' setback zone. Existing and proposed hardcover
in the 75'-250' zone is 3186 square feet or 44%.
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Op’Vr
RESOLUTION OF THE CITY COUNCIL
NO. 1773
ORONO
D) The portions of deck originally proposed to be
constructed in the 0—75' setback zone comprise 98
square feet on 2.2% hardcover. Applicant has no addi
tional existing hardcover in the 0-75' or 75'-250'
setback zone which can be feasibly removed to offset
this 98 square feet.. The applicant has subsequently
revised his plans so that no portion of the decK will
6Xtend into the 0—75' lakeshore setback zone or past
the extended side lines of the existing house.
E) Hardships to the property are the locations of the
existing house and the neighboring houses in relation
to the lakeshore^ and the small existing lot size
(llfSOO square feet).
P) The adjacent property owners have expressed
approval of the proposed plans, and find that no views
will be encroached upon Ly this addition.
4. 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.
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 pre
serve 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
® variance to the Municipal Zoning Code Section
10.22, Subdivision 1 to permit the construction of an addition to
his existing house, which addition will encroach 8 feet into the
required average setback area, with an open entryway per the
attached plans (Exhibit A), subject to the following conditions:
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1773
The applicant shall remove 190 square feet of existing
hardcover concurrently with the construction of the
addition, as follows:
Concrete slab - 36 square feet
Sidewalk blocks adjacent to garage - 70 square feet
Portions of paved driveway apron ~ 84 square feet
Total 190 square feet
2. This approval is based upon the revised plans submitted
by the applicant indicating an open entry way without
separate entry doors for each floor level, and deck not
extending into the 0~75' setback zone nor extending outside
the existing side lines of the house.
3. The applicant is advised that the City will not approve
any future improvements that result in additional hardcover
and that if such improvements are proposed that they be
counter-balanced with the removal of existing hardcover.
4. 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 10, 1986).
5. 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.
6. The undersigned applicant has read, understood and here
by 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 10th day of June, 1985. ^
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3 City of ORONO
RESOLUTION OF THE CITY COUNCIL
1773NO.
STATE OP MINNESOTA )
COUNTY OP HENNEPIN )
On this /£>^^
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day of
° ”fV, ““"'y- pers'oni?!y**5^‘
/ acknowledged that he (they) executed the saL as his (their) free act and deed.
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MY :O.MMISSION^ EXPIRES
STATE OP MINNESOTA )
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COUNTY OP HENNEPIN )
On this ^ ^ _ day of
(their) free act and deed.
MICHAEL P. GAFFnC 1 'i
^ JU^ NOTARY PUBLIC - MINNCSC A '
^hv HENNEPIN COUNTY jC
My Commitiion E»p rei.ry 11. i:r* >
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MY COMMISSION EXPIRES
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. . 1774
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A RBSOLUTIOH GRANTING
A VARIANCE AND CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (G)
PILE NO. 924
WHEREAS, Jon Scherven (hereinafter "the applicant") has
Lot 138, Spring Park (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a
Conditional Use Permit to permit the creation of a temporary
within the walkout level of the existino house at
faAlitieV^^ Point Road by constructing separate kitchen
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning Pile No. 924.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
3. The property is approximately 0.27 acres in area
4. On April 15, 1985 and May 20, 1985 the Orono Planning
Commission reviewed the application and recommended approval
Of the proposed variance to the 1 acre lot area requirement
for the temporary second dwelling unit per Zoning Code
Section 10.08, Subdivision 3 (A)(7), and recommended
approval of a conditional use permit for the temporary guest
apartment, subject to the following conditions:
a) The guest apartment is for use of family members
only.
b) This guest apartment use may not be conveyed to a
purchaser of the property.
c) The guest apartment may not be rented out and such
to be ^nfirmed by staff yearly.
d) This use is subject to City review at the end of
four years.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
1774
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.
6. The City Council finds that granting a Conditional Use
Permit will not be detrimental to the health, safety or
general welfare of the public, would not adversely affect
light, air nor pose a fire hazard or other danger to neigh
boring properties, nor will it depreciate surrounding pro
perty values and the proposed level of use of the property
will be in keeping with the intent and objectives of the
Zoning Code and Comprehensive Plan of the City.
7. The City Council has considered this application in
cluding the findings and recommendations of the Planning
Commission, reports by staff and comments of the applicant
and the effect of the proposed use on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants a Variance to Municipal Zoning Code Section 10.20,
Subdivision 3(G) to allow installation of kitchen facilities to
create a second dwelling unit on a lot of area 0.27 acres where
1.0 acre is required for a second dwelling unit, and grants a
Conditional Use Permit for temporary use of said unit as a guest
apartment subject to the following conditions:
1. Use of the guest apartment unit is limited to family
members only.
2. This conditional use permit may not be conveyed or
transferred to any purchaser of the property.
3. The guest apartment unit may not be rented out
4. This conditional usc permit is subject to review at the
end of four years (May 28, 1989) and subject to yearly staff
confirmation of the use.
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Cltyof ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1774
5. ^is approval is based upon the revised plans submitted
by the Applicant which iitdicate an open entry way without
separate entry doors for each floor level. (Exhibit A)
6. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation
of Lhe^ Zoning Code# shall automatically terminate any
authority granted herein# and shall be punishable as a
misdemeanor.
7. The undersigned owner nas 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 10th day of Jun^# 1985, ^
ATTEST:
Mary C. Bu«?er# Mayor
Tom Frahni, Acting Mayor
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1774
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
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On this 1985- -_ _ _ _ _ _day of _ _,^_ _ _ _ _ _ _ _ _ _,
before me a Notary Public within and for said county, pe^ .lally
^ ‘ \rZ. ._ _ _ _known to me co be
the person(s) describedin and who executed the foregoinq
Instrumentr and acknowledged that he (they) executed the same as
his (their) free act and deed.
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
On this 2^^
)ss.
day of 1985, before me
a Notary Public within and for said County, personally appeared
- - -^ly_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _known i j me to be the
person(s) described in and who executed the fo.egoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
MiCHAEL P. GArFr.C:j >
NOTARY PUBLIC - MINN’EGO :A ^
««4 V- ^ W y HENNEPIN COUNTY >
JI My Commission Espirs* Juns 11. 1C S7 j
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MY COMMISSION EXPIRES
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