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Home My WebLink About1988-08-27 Resolution #2475cny ORONO:> M City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. ________ A nSOLOTIOH GMSTIMO A VASXABCI VO NOnCZPAL lOnilG CODS 8KTX0* 10.22, 80BDIVI8I0H 2 PZLI 01291 VIIAIAS, Alfred & Ros«B«ry lv«rson (her«inaft«r ”th« Afipllcants*) ara tha ownara of tha proparty locatad at 2835 Casco Point Road within tha City of Orono (harainaftar "City") and legally dascribad as follows! Rafar to Exhibit A attachad (harainaftar "tha proparty")> and wniBAB, tha applicants hava applied to tha City for a variance to Municipal Zoning Coda Section 10.22, Subdivision 2 to parait tha construction of a aajor addition to tha existing rasidanca requiring raaoval of existing hardcover iaprovaaants and tha installation of new hardcover improvasiants within tha 75-250* satbac)c area providing no increase in overall hardcover but still resulting in an excess of 3,785 s.f. or 13.3% additional hardcover over tha allowed 25% hardcover. wem, nBOFOm, mm it RBSOLVID by the City Council of Orono, Minnesotai 1. This application was reviewed as Zoning Pile #1291. 2. Tha property is locatad in tha LR-IC Lakashora Residential Zoning District requiring 21,780 s.f. or .5 acres in area. The property consists of 38,491 s.f. or .83 acres. 3. Tha Orono Planning Cosmission reviewed this application on June 20, 1988 and racosmandad approval of tha proposed variance based upon tha following findings! a. Tha additional hardcover created by tha proposed iaprovMnts are pradceiinantly located in tha area of tha property that drains away frosi tha lake and runs to tha street yard. b. The proposed iaprovasiants do not encroach tha average laka shora aatback line. c. Rardoovar within tha 250-500* setback area has bean decreased slightly by .8% or 8.1 s.f. d. Thera are no additional adjacent lands available to be acquired by tha applicants. Page 1 of 5 CITY l ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2475__________ . it 4. The City Council ha» considered thie application including the findings and recommendations 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. 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 soning district> that granting the variance would not adversely affect traffic conditions* light* air nor pose a fire hazard or other danger to neighboring propertyi would not merely serve as a convenience to the applicants* but is necessary Lo al.aviate a demonstrable hardship or difficulty! is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 00MCL0810M* OIDBR KKO COHDITIOHS Based on one or more of the above findings* the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22* Subdivision 2 to permit construction of a major addition to the existing residence that will maintain hardcover at 11*160 s.f. or 39.4% over the allowed 7*080 s.f. or 25% within the 75 to 250 setback area* subject to the following conditions! 1. The only deck expansion approved with this application is a second story deck measuring 4*x 20' that would dxtend to ^5^* ^akeshore from the master bedroom suite. The second story deck will add 68 s.f. of n«w structural hardcover as 4*xl7' extends over existing natural groundcover. 2. Applicants must provide an updated Certificate of Survey at the time of the filing of the application for the building permit that designates all improvements to remain and surveyor must confirm hardcover as follows! 75-250' Setback Area - 250-500' Setback Area - 11,160 s.f. or 39.4% 194 s.f. or 21.8% All existing hardcover scheduled for removal* shall be removed prior to the final inspection of the structural improvements on the property by the Orono Building Department. 3. Authorities granted by this variance run with the with the applicants, but are permissive only and must be application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 22* 1989). Page 2 of 5 . I • r I 1 J. 4 •- ‘ City of OROiVO CITY OF ORONOJ RESOLUTION OF THE CITY COUNCIL NO. 2475 __________ 4. Violation of or non-compllance with any of tha tarma and conditions of thia variance shall constitute a violation of tha soning coda» shall automatically terminate any authority granted harainr and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, ^**J**^ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. I 1988. Adopted by the Orono City Council on this 22nd day of August, ST I »thy N.^alUA, City Clerlcleric tf^jamel R. Grabek, Property Page 3 of 5 Resolution No. 2475 EXHIBIT A LL(iAL DESCRIPTION: Lots 114 and 115, SPRING PARK, including that part of Lake Shore avonue now vacated, and a tract of land on apposite side of said Avenue, all lying between the northwesterly line of said Lot 115, extended southwesterly to the shore of Lake Minnetonka, and the southeasterly line of said Lot 114, extended southwesterly to the shore of Lake Minnetonka, according to the map of plat thereof on file and of re*cord in the office of the Registrar of Deeds in and fur said County of Hennepin and State of Minnesota. That part of Lot *13, SPRING PARK, described as follows: Commencing ■ at the most northerly corner of said Lot 113; thonce southeasterly along the northeasterly line thereof a distance of 40.00 feet; thence southwesterly parallel with the northwesterly line thereof ^>8.00 feet; thonce northwesterly parallel with the northeasterly line thereof 38.00 feet; thonce southwesterly parallel with the northwesterly line of said Lot 113, and with the southwesterly ex tension thereof, to the shore of Lake Minnetonka; thence northwest erly along said shore to the point of intersection with the south westerly extension of the northwesterly line of said Lot 113; thence northwesterly to the point of beginning, including Lake Shore Avenue' vacated and except part taken for public road. Area « 36,491 square feet Ccjiii-. *. $ • /y ARtiCpv<er / o • •• • . _ >:I RESOLUTION #2475 1 • . ^I # •) i *.. Afv'*. i fe^^A<.li^vi^’.• 4-tT!? R;-i\ I • %• :l r--• • • i I# •• » • Ff •\* iK\ i' ^r- KiNiMv flftPi?. b-f PMgm 4 of 5 CITY OF ORONOd City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2475 STATE OP MINNESOTA COUNTY OF NmiNllFlW ) 88. ) 198 JOn this j Q- b«£ore we the**par8on(8) iiT and who executad the foregoing inatr^ent, and acknowledged that he (they) executed the aame as his (their) free act and deed. NOTARY PUBLIC ELAINc J. ROESER i ’ NOIAKY PUBLIC-MINNESOTA j 1 CARVER COUNTY {>SE/^t / tf>io EXPIRES STATE OP MINNESOTA ))sa, COUNTY OP HBNNBPHf ) —4^vOn this day of , 198.^*^fore mm ippeared known to »e to be the KV'TcknS^l.dgV^ ihat he (they) executed the same a. hi. (their) free act and deed. J^^sX ElAINE J. R::EStR fjSyjB;) |l01A,(»fU»UC '*t»W»0TA CAMVCH COUNTY t NOTARY PUBLIC MY COMMISSION EXPIRES Page S of 5