HomeMy WebLinkAbout1989-07-27 Resolution #2661Cl T Y
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2661 _________
* A RS8OL0TZ0B GSAHTIIIG
VAKIAHCBS TO
MOHICIPAL SOHHM5 CODS
8ECTIOR 10.22, 80BDIVISI0R 2 AHD
SBCnoa 10.25, SOBDZVISIOH 6 (B)
PILE *1422
WHEREAS, David S. Breltner (hereinafter "the
applicant") ia the owner of the property located 2755 Casco
Point Road within the City of Orono (hereinafter "City ) and
legally described as follows:
Lot 7, Auditor's Subdivision No. 265, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2
and Section 10.25, Subdivision 6 (B) to permit the construction
of a single family residence on a lot of 0.37 acre where 0.5
acre in area is normally required, and of lot width
100' in width is normally required, and comprising 34.26*
hardcover in the 75-250* la)ceshore setbac)c rone where only 25*
hardcover is normally allowed.
BOW, THEREPORS, BE XT RESOLVED by the City Council of
Orono, Minnesota:
PIWPIBGS
1. This application was reviewed as Zoning File #1422.
2. The property is located in the LR-IC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 19, 1989, and recommended approval of the proposed
variances based upon the following findings:
S
A) Applicant will be removing an existing sidewalk in
the 0-75* zone, .-esulting in a decrease in hardcover in
that zone.
B) The existing non-conforming detached garage will be
removed, benefitting the neighborhood.
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City of ORONO
CITY
ORONOd
RESOLUTION OF THE CITY COUNCIL
NO. 2661_________
C) The house location is appropriate given the
location of neighboring residences in relation to the
lakeshorof hence the excess hardcover associated with
the longer driveway is also appropriate.
D) The proposed new residence will remove a
neighborhood eyesore^ i.e. an old summer cabin which
has not been used as a full-time residence for at least
10 years.
E) Additional hardships include the fact that no
additional land is available^ and that construction of
a residence nearer the road in order to meet hardcover
standards would not allow applicant to enjoy lake views
afforded to adjacent properties.
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 variances on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
thjs property are peculiar to it and do not apply generally
to other property in this zoning district; that granting 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.
CGMCL08I0IIS* OKDBR AMD COHDITIOaS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.22, Subdivision 2 and Section 10.25,
Subdivision 6 (B) to permit the constructiom of a residence on a
lot of 0.37 acres in area where 0.50 acres is normally required,
and of lot width 60* where 100* in lot width is normally
required, and comprising 34.261 hardc'.>var in the 75-250* setback
zone where only 25% hardcover is normally allowed, subject to the
following conditions:
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CITY I
OF
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2661_________
1. The «xi8ting garage and resldencer including all
existing sidewalks, shall be removed prior to commencement
of construction of the new residence.
2. The applicant shall provide a grading plan to be
reviewed and approved by the City Engineer prior to issuance
of a building permit.
3. The existing boat house, which comprises 250 square feet
or <4.51 hardcover in the 0-75' zone, is allowed to remain
subject to the p-ertinent zoning code requirements governing
such non-conforming structures near the lakeshore.
4. Hardcover in the 0-75' zone shall not exceed 250 square
feet or 4.5%. Hardcover in the 75-250' zone shall not
exceed 3,580 square feet or 34.26%, as follows:
House
Deck
Driveway t Entry Sidewalk
TOTAL
2,150 s.f.
350 s.f.
1,080 s.f.
3,580 s.f. (34.26%)
5. Authorities granted by this resolution 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 26, 1990).
6. 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.
7. The undersigned applicant has road, understood and
hereby agrees to the terms of this resolution and on behalf
of hlmselhis heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 266_1_________
- Adopted by the City Council of the City of Orono^
Minneaota at a regular meeting held on the 10th day of July#
1969.
allin» City Cleric
rty 'Owner(a)
STATE OP MINNESOTA )
) 8S.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 10th day of July, 1989, by James R. Grabek & Dorothy M.
Ballin, Mayor ( City Clerk of the City of Orcno, a Minnesota
mxmicipal corporation and said instrument was executed on behalf
of the City.
NotaryPubiilc^j^^ LA iM K. SCHEFFLER
! • hoFa W WW - mmMUOU■' HofA^ nm< - mmMUOiA
*• ‘ MINNOW county
My cornmitsioM
My CuBfflission Expires
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City of ORONO
CITY
RESOLUTION OF THE CITY COUNCIL
NO. 2661_________
ORONO
STATE OF MINNESOTA
COONTT OP HENNEPIN
hl> (tb«ir) fr«« act and daad.
Ml day of *>jlM/.. ifdf
s^d countyr peraoM 1 ly
NOTARYjES'i^'T^
m .....—w>»*«■; !
MY COMMISSION EXPIRES
STATE OP MINNESOTA )
COUNTY OP HENNEPIN )
)aa*
, 198_» befora ne
r»lttl3- public wttKTn Md ‘Sr^Se
i«r.cn(.W..=rib.d -uu
and aoKnowladgad that he (tney;
(their) free act and deed.
notary public
my commission JJIPIRES
Page 5 of 5
1.
2.
3.
4.
5.
>ITI(M8 OP PBRMIT FOR 2755 CASCO POINT ROAD
All walls and stairs must be at least 2' from lot line.
No walls within 10' of lot line may exceed 30" in height
where walkways would require a railing.
Along north side of house, stair edging lip must extend past
stair drop to provide positive drainage within stairway
area.
This permit does not include replacement of concrete
retaining wall on neighboring property*
Property o«mer is advised that all retaining wall and stair
timbers count as hardcover against the allotment permitted
in Resolution *2661.
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EXHIBIT A
All that part of Government Lot 4, Section 20, Township 1*7,
Ranae 23 described as follows, to-wit; Commencing at a point
corner of said lot, thence North 19 degrees 11 minutes East
along the Westerly line of Orono Avenue a distance of
21 5/10 feet; thence Westerly 150 feet more
in said Northerly line of said lot, which point is distant
150 feet from the Northeasterly corner of said lot, thence
Easte^y along said Northerly line of said lot a distance
129 72 feet to place of beginning, all according to plat of
Sprilg pHk, LSe Sfnnetonka on file in the office of the
Register of Deeds in and for Hennepin County, Minnesota.
Also, Lot 133, Spring Park, Lake Minnetonka together with all
that part of Lake Shore Avenue, now vacated, lying contiguous
to and Westerly of said Lot 133 and lying between the
extensions Westerly of the Northerly and
said Lot 133 and together with that part of said Spring Parx,
Saie Kinne?^ka bounded on the East by Lake Shore Jvenue, now
vacated, bounded on the West by Lake Minnetonka
the North and South by the extensions Westerly of the
and Southerly lines of said Lot all according to t
of Spring Park, Lake Minnetonka on file in the of ace of tne
Register^of Deeds in and for Hennepin County, Minnesota, and
further including any and all riparian ®°""®jeit ortherewith, together with any part or portion of street or
aKey adjacent thereto heretofore or
(The foregoing tracts of land are included in Lot 7, Auditor
Subdivision No. 265, Hennepin County, Minnesota.)
0330Z