HomeMy WebLinkAbout1994-12-28 Resolution 3507CITY of ORONO
RESOLUTION OF THE CI;Y COUNCIL
NO. .S 5
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 1.0.22, SUBDMSION 1 (A) AND (B)
AND SUBDIVISION 2
FILE #1983
WHEREAS, Thomas L. Palm and Maureen A. Palm (hereinafter "the
applicants') are owners of the property located at 1685 Concordia Street within the City of
Orono (hereinafter "City") and legally described as follows:
The north 50' of Lot 16, Coffee's Addition to Shadywood Lake Minnetonka, Hennepin
County, Minnesota (hereinafter "the property"), and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Sections 10.22. Subdivisions 1 (A), 1 (B) and 2 to permit construction of a second
story to be installed over an existing residence that is located 39' from the shoreline of Lake
Minnetonka where a 75' setback is required and where the new construction will be located 10'
in front of the average lakeshore setback line where no such encroachment is allowed and per
Section 10.22, Subdivision 2 hardcover excesses exist on the property at 1,064 s.f. or 289 in
the 0-75' setback area where no hardcover is allowed and at 2,979 s. f. or 33 % in the 75-250'
setback area. The proposed improvement will result in no additional hardcover but will intensify
structure where these excesses exist.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1983.
2. The property is located in the LR -1C, Lakeshore Residential Zoning District,
requiring 21,780 s.f. or 0.5 acre in area.
Page 1 of 5
,., M
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3-507
3. The property consists of 14,140 s.f. or .32 acres.
4. Three members of the Planning Commission reviewed this application on
November 21, 1994, and recommended unanimous approval of the variances as
proposed based upon the following findings:
A. The lots in the Concordia neighborhood were developed prior to zoning
standards for residential development of lake shore properties.
B. Two-thirds of the residence structure is located within the lake shore
protected area.
C. The proposed second story expansion will not result in an increase in
hardcover.
D. The lake shore view windows of the adjacent residences will not be
negatively impacted by the second story addition.
E. The homes on either side have partial second stories.
F. The City has received no negative co_^unents from the neighbors who
would receive the most impact from the improvement. The City has been
contacted by adjacent neighbors supporting the proposal.
G. The lot is 50' in width and the existing footprint of the residence structure
is 20'. The structure conforms to the required side setbacks.
H. The improvement would be consistent with current improvements on
adjacent properties.
I. The proposed improvement would not have a detrimental impact on the
values of the surrounding residences.
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 variance would not adversely affect traffic conditions, light, air not
Page 2 of 5
� r .
CITY of ORONO
RESOLUTION OF VE CITY COUNCIL
NO. ~ .
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate 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.
6. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A), 1 (B) and 2 to
permit construction of a full second story addition granting setback and hardcover variances as
specified above, subject to the following conditions:
1. Prior to the final inspection by the Orono building staff of the second story
addition, the storage shed within the 75-250' setback area at a 103 s.f. shall be
removed. Applicants' contractor shall obtain the required demolition permit prior
to the removal of the structure.
2. Hardcover within the 0-75' setback area shall remain at 1,064 s.f. or 28%.
Hardcover within the 75-250' setback area has been approved at 2,876 s.f. or
32.1%. Hardcover within the 250-500' setback area shall remain at 1,450 s.f.
or 40%.
3. Current applicant and future owners are hereby advised that the granting of these
variances has been based on the existing grade level deck at 242 s.f. located
completely in front of the average lakeshore setback line and within the lakeshore
protected area shall not be intensified with roofing or structural enclos►ires.
Page 3 of 5
CITY of ORONO
RESOLUTION OF fEP ,I COUNCIL
NO. `y a
4. Authorities granted by this resolution run with the property not with the
applicants, 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 resolution
will expire on that date (December 12, 1995).
Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of ►hemselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 12th day of December, 1994.
AT(rEST:
, City Clerk
— ILA
Property Owner(s)
STATE OF MINNESOTA
Edward J.Ca an, Jr., Mayor
ss.
COUNTY OF HENNEPIN )
The foregoing instniment was acknowledged before me on this 12th day of
December, 1994, by Edward J. Callahan, Jr. & 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.
Page 4 of 5
j L/ZC-
Notary Public
— on
0
G
0
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION O6 T
.RE
C COUNCIL
NO.
On this 19441 day of c , 199 �L before me a N'
Iblic within and for said county, personally appeared ./ �
known to me to be the person(s) described in avho executed
ni
the foregoing instrAent, and acknowledged that he (they) executed the same as his (their) free
act and deed.
n
NU
OSMA
W=C4AW*M
•.� , :
~N COUNTY
My Coma Expims 12-19-97
- - -I.;
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
NOT6$Y PUBLIC
On this day of , 199_ before me a Notary
Public within and for said county, personally appeared
known to me 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
Page 5 of 5