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Home My WebLink About1994-12-28 Resolution 35570. CITY of ORONO RESOLUTION OF THg CITY COUNCIL NO. 3 6 45 7 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A) AND 2 FILE NO. 2009 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 "the City") and legally described as follows: All of Lot 16 excepting the south 100 feet thereof, 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 Section 10.22, Subdivisions 1 (A) and 2 to permit construction of a 30' x 46' two- story residence with 10' x 30' deck at the lakeside of the residence, the principal residence to be located 60' from the shoreline and the lakeside deck 50' from the shoreline where a 75' setback is required; hardcover excesses are proposed in the 0-75' setback at 686 s.f. or 18.2% where no improvements are allowed and where 1,064 s.f. or 28% exists and in the 75-250' setback area 3,201 s.f. or 35.8% is proposed where 25% is allowed and 33% exists. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2009. 2. The property is located in the LRAC, Lakeshore Residential Zoning District requiring 21,780 s.f. or 0.5 acre in area. 3. The property consists of 14,140 s.f. or .32 acres. 4. The Orono Planning Commission reviewed this application on April 17, 1995 and recommended approval of the variances as amended based upon the following unique findings and hardships: Page I of 6 CITY of ORONO RESOLU'T'ION 05 T COUNCIL NO. A Lots in :he Concordia neighborhood were developed prior to zoning standards for residential development of lakeshore properties. The subject property and two other lots on Concordia are the only 50' wide lots in the neishborhood. B. Two-thirds of the existing residence structure is located within the lakeshore protected area. The current proposal would now place one-lialf of the improvement within the protected area. C. The proposed improvement will result in an overall decrease in hardcover existing at 32.79% and is now proposed at 30.95%. D. The lakeshore view windows of the adjacent residences will not be negatively impacted by the proposed new construction. E. The homes on either side have partial second stories. F. The City has received no negative comments from the neighbors who would receive the most impact from the improvement. The City has been contacted by adjacent neighbors supporting the new proposal. G. The proposed new residence will meet the required side setback of 10' on a lot that is 50' in width. H. The improvement would be consistent with recent improvements on adjacent properties. I. The proposed improvement would not have a detrimental impact on the values of the surrounding residences. J. The proposed improvement will result in a decrease in hardcover within the 0-75' setback area and the 2S0-500' setback area has been brought into conformance proposed at 34% where 3357c is allowed. �. The City Council finds that the conditions existing on this propem are peculiar to it and do not apply generally to other property in this zoning district; that grantint, the variances would not adversely affect traffic conditions. light, air nor pose a fire hazard or other danger to neighboring propem•; would not mereiv Nee '_ of 6 1T 1® ar 6R RFTA - CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3557 serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficult}; is necessary to preserve a substantial propert} right of the applicant; and would be in keeping with the spirit and intent of file 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, '� ports by City staff, comment by the applicant and the effect of the proposed vi, -ance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the unique findings or hardships noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit construction of a two-story structure with lakeside deck Granting setback and hardcover variances as specified above, subject to the following conditions: Hardcover improvements shall be limited to the improvements as shown on the site plan included as Pate 6 of this resolution. Hardcover in the 0-75' setback area is approved at 686 s.f. or 18.29, in the 75-250' setback area at 3,201 s.f. or 35.8% and in the 250-500' setback area at 490 s.f. or 349. Applicant to provide a current survey reflecting setbacks and hardcover facts ;'.s approved by City with building permit for new construction. 2. All hardcm r improvements scheduled for--moval shall be completed prior to the footing inspection for the new constructio... Applicants' contractor shall obtain the required demolition permits for the removal of both the principal structure and the accessory shed at 103 s.f. 3. The current applicants and future owners are hereby advised that the granting of these variances is based on the existing grade -level deck at 300 s.f. located 50' from the shoreline not being intensified with roofing or structural enclosures at any time in the future without the approval of the City. Pase 3 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti 4. 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 building permit within one year of the date of Council approval, or this variance will expire on that date (May 8, 1996). 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 applicants have read, understood and hereby -ee to the terms of this resolution and on behalf of themselves, their heirs, suc( ars and assigns, hereby agree to the recording of this resolution in the Ch,. of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of May, 1995. ATT"M. or'n, City Clerk Property Owner (s) �� Edward J. Cal had, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the Cit-,,. LINDA S. VEE NOTARY PUBLIC-PAINNESOTA Nola public \a`^ HENNE PIN COUNTY Notary i b1Y Ccfn :ssion boons ,an 31 2000 =<<• a t=�i.:eu �" '� Page 4 of 6 ,.,X5 . Arg. - o 00 �'o 14� G~� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 �5 7 On this SIS t day of A44 u 5 1995 before me a Notary Public within and for said county, personall, appeared TA ,» Pu Jar si M � are e iJ &kn tr arri ed 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. 11t-w�. .Q • /XC NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 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 Pate 5 of 6 --S%*�Acm a F T(b (po I rv&N to 0 *MIA PC fkt� -%KE LEVEL & IJLA - ., 1.74, 300 S.F. ; jr Gaf; s.r. M, Page 6 of 6 9551 95,57