HomeMy WebLinkAbout1989-05-11 Resolution #2630CITY
City of OROINO
RESOLUTION OF THE CITY COUNCIL
NO. 2630
ORONO
j
A RBSOLOnOH GRAMTIMG
A VARIAKB TO
mmiCIPAL SOHING CODS
SBCTIOR 10.22, 80BDIVISI0IIS 1 S 2
PILE #1375
WHEREAS, David Price (hereinafter "the applicant”) is
the owner of the property located at 2914 Casco Point Road within
the City of Orono (hereinafter "City") and legally described as
follows:
Tract K, Registered Land Survey No. 461, 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, Subdivisions 1 t
2 to permit the construction of a two<-story addition to the
existing h *ise, which construction results in hardcover in the
75'250* lalceshore setback zone in excess of the 25% hardcover
normally allowed in that zone and which construction results in a
12* encroachment past the average lakeshore setback line where no
encroachment is normally allowed.
HOW, THEREPORE, BE XT RESOLVED by the City Council of
Orono, Minnesota;
PIHDZH6S
1. This application was reviewed as Zoning File #1375.
2. The property is located in the LR-IC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on February 21, 1989 and tabled the application for further
revision by applicant. A revised application was
subsequently submitted by the applicant and reviewed by the
Planning Commission on April 17, 1989, and the Planning
Commission recommended approval of the revised variance
proposal, based upon the following findings:
A) Existing hardcover on the property is 27.6%. The
revised proposal eliminates a portion of existing patio
hardcover in the 75-250' zone, resulting in a net
decrease to 27.3% hardcover in that zone. Existing and
proposed hardcover in the 0-75* zone is 2.1%.
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CITY
City of ORONO
OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2630_________
B) Th« existing house encroaches 18* past the defined
average lakeshore setback line. The proposed two-story
i<addition only encroaches 12* past the average lakeshore
setback line, and is located such that only minor views
across applicant's property toward a lagoon area of
Lake Minnetonka will slightly be diminished. The
Planning Commission finds that these views enjoyed by
the neighboring property are not diminished and that
neighboring property still has full view of the main
body of the lake. Furthermore, the neighboring
property owner has not expressed an objection to the
proposed 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 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.
COHCLOSIOHS, ORDER ARD COHDITIOHS
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, Subdivisions 1(2 to permit the
Construction of a two-story addition resulting in hardcover in
the 75-250* zone of 27.34% where only 25% hardcover is normally
allowed, and allowing a 12* encroachment past the defined average
lakeshore setback line where no encroachment is normally allowed,
subject to the following conditions:
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CITY
ORONO 3
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2630 __________
1. Applicant shall remove the portion of existing patio as
shown on Exhibit A, attached hereto. Hardcover on the
property in the 75-250' zone shall be limited as follows*
(75-250* zone total area *■ 12,400 s.f.)
Existing House
Proposed Addition
Attached Garage
Driveway
Sidewalk
Remaining Patio
1,051 s.f.
499 s.f.
637 s.f.
931 s.f.
120 s.f.
152 s.f.
3,390 s.f. (27.34%)
The applicant is advised that no future hardcover will be
permitted on this property, however, any future proposal to
increase hardcover on the property might be approved only in
conjunction with concurrent removals of existxng hardcover,
resulting in no net increase of hardcover on the property.
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only an
must be exercised by application for a building permit
vithin one year of the date of Council approval, or this
variance will expire on that date (May 8, 1990).
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, understo^ and
hereby agrees to the terms of this resolution and on behalf
of herself, her heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
Page 3 of 5
N*
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1 I
1 OF
■ ORONO
City of OROIVO
RESOLUTION OF THE CITY COUNwiL
NO. 2630_________
Adopted by the City Council of the City of Oronc,
Minnesota at a regular meeting held on the 8th day of May, 1989.
b^othy allin. City ClerlT'
Prop er (b)
Jamek R. Grabek, Mayor
Pt n . -P '-7—
STATE OF MINNESOTA )
) 88.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of May, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
LAL'R!£ K. SCKErrLER ;
noIau »uiLic -> MiNrasofA
HENNEPIN COUNTY
<
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My corr.mis»ion •xpir«id*8*93
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CITY
OF
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2630_________
STATE OF MINNESOTA )
On this H 7>i
) ss.
COUNTY OF HENNEPIN )
day of fflAl , 1989
before me . Holj^r^Pu^c^within and for said ^
thr*p«son(s) desoribid in and who executed the foregoing
instrraent, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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I •• LJ.!-'P.:cK.^CMcSCMcFFLER
NCl.Wi .'. .••IC - mlNriliOIA
!;:.\ri:?iN CCUSH
My co “mr.jion ei.niret6.u-93
MY COMMISSION EXPIRES
STATE OP MINNESOTA )
}ss.
COUNTY OF HENNEPIN )
On this I day of ________» 198^ before me
• for said^ co^nty,^
perso^lSlfaescV^e^ in and who exe^T the foregoing instrument,
Snd acknowledged that he (they) executed the same as his
(their) free act and deed.
5
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iTTTiiinrmiiuL-__.
my COMMISSION EXPIRES
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