HomeMy WebLinkAbout1993-06-14 Resolution #3273CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
no.3SI1_
. A
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1 (B);
10.22, SUBDIVISION 2; AND 10.25, SUBDIVISION 6 (B)
FILE #1814
WHEREAS, Thomas Berthiaume and Cheiryl Kachenmeister (hereinafter "the
applicants") are owners of the property located at 3035 Casco Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Tract A, RLS No. 394, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivision 1 (B); 10.22, Subdivision 2; a^ 10.25, Subdivision
6 (B) to permit the construction of a two story lakeside addition measuring 17’6" x 26’3" and
an addition to the existing grade level deck at 6 ’ x 19’2". A comer of the two story addition
will be located 8* in front of the average lakeshore setback line where no such encroachment is
allowed. The two story addition shall be located 9’ from the side lot line instead of the required
10’ The proposed improvements will result in a 5.7% reduction of hardcover withm the ,5-
250’ setback area and a 246 s.f. or 3.2% reducUon in the 250-500’ setback area. In the 75-250’
aciiMn.lL otc«, hardcover exists at 6,909 s.f. or 63.97% and is proposed at 6,293 s.f. or 58.27%
In the 250-500’ setback area, hardcover exists at 3,285 s.f. or 42.6% and it proposed at 3,039
s.f. or 39.4%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono
Minnesoa:
FINDINGS
1. This application was reviewed as Zoning File #1814
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. •• •_______
2.
3.
5.
The property is located in the LR-IC, Lakeshore Residential Zoning District
requiring 1/2 acre or 21,780 s.f. The property consists of .55 acres or 24,130
s.f.
The Orono Planning Coininission reviewed this application on April 19, 1993,
and reconunended approval of the proposed variances based on the following
hardships and findings:
A.The property exceeds the required area for the zoning district but has an
unus^ narrow shape.
B The location of saucture on property
C. There is no adjacent land available.
D. Neighbor ’s drive and turnaround encroaches on applicants’ property
adding 7.7% hardcover within the 75-250’ setback area and 6.7% within
the 250-500’ setback area.
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 inerely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substan^ 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.
The City Council has considered this 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
N0.32T6
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal 2toning Code Sections 10.22, Subdivision 1 (B); 10.22,
Subdivision 2; and 10.25, Subdivision 6 (B) to permit the construction of a two story addition
and lakeside deck requiring an average lakeshore setback variance of 8*, a side setback variance
of 1’ or 90% and approval of hardc«.ver excesses within the 75-250' setback area where
improvements are proposed, hardcover be maintained at 6,293 s.f. or 58.27%, subject to the
following conditions:
1.
2.
3.
4.
All existing hardcover improvements scheduled for removal must be completed
prior to the footing inspection for the new residential construction.
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Authorities granted by this variance run with the property not with the applicants,
but are permissive only and must be exercised by application for a buildir
permit within one year of the date of Council approval, or this variance v
expire on that date (May 10, 1994).
Violation of or non-compliance with ary of the terms and conditions of O'
resolution shall constinite a violation of the zoning code, shall automatical!,
terminate any authority granted herein, and shall be punishable as a misdemeanor.
The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the -xording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 10th day of May, 1993.
llin, City Clerk Edward J. CaHkhah, JfT, May^
wner(s)
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 2 ‘‘7 3 __
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
•;N
Sr
The foregoing instrument was acknowledged before me on this 10th day of May,
1993, by Edward J. Callahan, Jr. & Dorothy M. HaUin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instument was executed on behalf of the
City. ’
MtNNfriN COUNTY*
! ( J. ^y
Notary Public
My Commission Expires
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CITY of ORONO
RESC '.UnON OF THE CITY COUNCIL
V jno.J_L_____
STATE OF MINNESOTA )
) s$.
COUNTY OF HENNEPIN )
On this day of
lly ap^ared
, 199 before me a'Notary
d ^IAaw»JI^ ~yy^ ■Public within and for said county, personally ap^jearedXcA^iliib^i^^____.
known to me to be the persoy(s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NO^^Y PUBUC
.X
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ^ ur^ day of
laliyappeart
, 199 3 before me a Notary
Public within and for said county, personaliyaDoearfed ^ ------
^ known to me to be the person(s) described in and who executed
thef^g^ iutrument. andacknowledged that he (they) executed the same as his (their) free
act and deed.
F' *
NOTARjf'PUBUC
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