HomeMy WebLinkAbout1989-07-10 Resolution #2660, -W ^ '
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City of OROIVO
CITY RESOLUTION OF THE CITY COUNCIL
NO. __^60
ORONO
A RKSOLUnOH GRAHTXlie
A VARIANCE TO
mmiCIPAL S0HIN6 CODE
SECTION 10.22, S0BDIVISI0H8 1 AND 2, Mlb
SECTION 10.25, SOBDIVISIOR 6 (B)
PILE 11419
WHEREAS, J.K. Bowers (hereinafter "the applicant") is
the owner cf the property located at 2905 Casco Point Road within
the City of Orono (hereinafter "City") and legally described as
follows:
Lot 98, also that part of vacated La)ce3hore Avenue lying
between extensions across it of the side lines of Lot 98 and
also that part of the tract of land between said vacated
avenue and the shore of La)ce Minneton)ca lying between
extensions cf the side lines of Lot 98; Lot 109; all in
Spring Par)c, according to the recorded plat thereof,
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 1 to
perroit the construction of a 2-story room addition which will
encroach past the average la)ceshore setbac)c line where no
encroachment is normally allowed, and a variance to Section
10.22, Subdivision 2 to allow hardc ver in the 75-250* laJceshore
setbac)c zone in excess of the 25% hardcover normally allowed in
that zone, and a variance to Section 10.25, Subdivision 6 (B) to
allow a side yard setbaeJe of 8.9* where a side yard setbac)c of
10.0* is normally requir^sd.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota;
FINDINGS
1. This application was reviewed as Zoning File #1419.
2. The property is located in the LR-IC Single Family
Lalceshore 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;
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City of OROJNO
Cl IV RESOLUTION OF THE CITY COUNCIL
NO. 2660__________
ORONO
A) The proposed second story addition will encroach 4*
past the average setback line. This encroachment is on
the opposite side of the lot from the affected
neighboring residence# and will cause no significant
impairment of lake views enjoyed by that neighboring
property owner. The proposed patio at grade level#
which technically encroaches 15' past the average
setback line will cause absolutely no visual impairment
to the affected neighbor.
B) Existing hardcover on the property in the 75-250'
is 32.4%. The Planning Commission finds no hardship
that justifies increasing above the existing hardcover
percentage# hence any additional hardcover associated
with the proposed additions should be offset by
removals of existing hardcover elsewhere in the 75-250
zone.
C) The proposed additions are intended to continue
along the line of the existing house# which is 8.9'
from the west side lot line where a 10' west side
setback would normally be required. Because the
neighboring residence is approximately 25' away from
applicant's residence# the 1.1' variance will have no
significant impact on reducing open space around the
neighboring residence.
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
this 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.
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City of ORONO
CITY
RESOLUTION OF THE CITY COUNCIL
NO. 2660________
ORONO
C0HCL08I(»l8f ORDER AMD COHDITXOII8
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 1 to permit the
construction of a 2**story room addition that will encroach
past the average lakeshore setback line and a grade patio
that will encroach 15* past the average lakeshore setback line,
and grants a variance to Section 10.22, Subdivision 2 to
hardcover in the 75-250' lakeshore setback rora to remain at the
existing 32.4% where only 25% hardcover is allowed, and grants a
variance to Section 10.25, Subdivision 6 (B) to approve » west
side yard setback of 8.9' where a 10' side yard setback is
nomally required, subject to the following conditions:
1. Applicant shall revise his east side deck plan to meet
the required 10' east side setback.
2. Applicant shall remove hardcover in the 75-250
lakeshore setback zone so that hardcover shall not exceed
the existing 32.4%, per the site plan attached as Exhibit A.
Required hardcover removals shall occur prior to footing
inspection for the addition.
3, Applicant is advised that the existing 12'x20' deck
located in the 0-75' zone near the shoreline is a non-
conforming structure and is subject to the ordinances
governing such structures.
4. Authorities granted by this resolution run with the
property not with the applicant, but ar*' permissive only an
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 (July 10, 1990).
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.
5. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and oa behalf
of himself, his 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
CITY
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2660 _________
Adopted by the City Council of the City of Orono»
Minnesota at a regular meeting held on the 10th day of July»
1969.
Prope rty Dwher [s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
)
The foregoing instrument was acknowledged before me on
this 10th day of July# 1989# by James R. Grabek & Dorothy M.
Rallin, Mayor t City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.r'
/
LrjPi’K
Notary Public LA!/?l£^. SCHEFFLER ;
1 ' Tw n :U«> MjillC - MINKUOt*
jr hiNNiPIN COUNTY
My Commission ...........
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I ORONO I
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2660
statI^^^^innesota )
) SB.
COUNTY OF HENNEPIN )
On this IO th day of OutV 19b2
before me a Notiary- PiAlic within and for said county, personally
appeared V ) innti\f^6_ _ _ _ _ _ _ _ _ _ _ _known to me to be
p0xson(s) G0scribed in dnd who exBCU^Gd ^h6 foiT65^^^9
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
kfn.u,.i(. ScLJJM
:)TgRY PUBLTr«>,.,>^>i,%,Mi^iwU^.%»*.,>NOTAHY PUBLIC
.v-J.-, i lAUI^ tc. SCHEFFLER
• *■ M0IAI> lUlllC - MINNISOTA
HENNEPIN COUNTY
/ ‘ • Y. My towiiMition AJipir^i 6*£-93
MY COMMISSION EXPIRES
STATE OP MINNESOTA )
)SS.
COUNTY OP HENNEPIN )
On this day of 198 , before me
a Notary Public within and for said County, personally appeared
known to mt 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
MY COMMISSION EXPIRES
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