HomeMy WebLinkAbout1986-03-03 Resolution 1932City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1932
A RESOLUTION GRANTING
A VARIANCE TO
MONICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #842
WHEREAS, Robert H. Zimmerman (hereinafter "the applicant")
is the owner of the property located at 3415 Crystal Bay Road within
the City of Orono (hereinafter "City") and legally described as
follows:
Lot 2, Block 1, "Wiley's Park" (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of an attached garage and deck which would
increase the hardcover in the 75-250' lakeshore setback zone to 28.5%
where only 25• hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #842.
2. The property is located in the LR-lC Zoning District.
3. The Orono Planning commission reviewed this application on
February 18, 1986, and recommended approval of the proposed
variance based upon the following findings:
A) Applicant's hardship is that there is no existing usable
,drage.
B) The proposed variance is consistent with variances re-
cently granted elsewhere in the neighborhood.
C) The proposal includes a slight decrease in the 0-75'
hardcover.
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 variance on the health, safety and welfare of the
community.
Page 1 of 4
E
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1932
5. The City Council finds trat 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 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 appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 to permit the construction of an attached garage and.
deck which will increase hardcover in the 75-250' lakeshore setback
zone to 28.5• where only 25% hardcover is normally allowed:
1. A variance is granted to allow the following specific
additions (also see Exhibit A attached):
a) 221x24' attached garage at rear of existing house.
b) 10.8'x21.9' and 3'xl4.5' deck at front of existing
house.
c) 10' wide driveway extending 100' rearward from the 75'
lakeshore setback line, and driveway apron of approximately
241xl8' in front of garage.
2. The maximum allowable 75-250' hardcover as a result of the
granting of the variance is 3425 square feet or 28.5%. Applicant
is notified that any future additions of hardcover on the
property will likely not be approved by the City without
concurrent removals of existing hardcover.
3. As a part of this variance approval, applicant shall remove
the following items of existing hardcover prior to final
inspection of the additions (also see Exhibit A attached):
a) removal of rear garage shel (222 square feet),
b) removal of 25' rear po of gravel driveway (250
square feet),
c) removal of front gravel parking area to retain a maximum
width of 10' for driveway purposes only (removal of
approximately 312 square feet in 75-250' zone).
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
Lei
1932
4. The deck allowed on the front of the house shall be no higher
than the main floor of the house, plus the standard railing. Any
enclosure of the deck will first require a variance to the
average lakeshore setback.
5. Authorities granted by this variance run with the property
not with the applicant, 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 (February 24, 1987).
6. 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.
7. The undersigned applicant has real, understood and hereby
agrees to the terms of this resolution and on i>ehalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 24th day of
February, 1986.
015Krty Owner
lin,City Clerk Tim Adams, Acting Mayor
Page 3 of 4
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1932
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ---� RIN day of IVAe , 1986
before me a Notary Public within and for said county, personally
appeared �t3�2T_ _ . Zrpe&Mr- jejKAIQ known to me to be
the persdescr bed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
1, Esc �F ESON
WC HENNulEa+fsain.IN OUM TY 9
e11
STATE OF MINNESOTA )
)sq.
COUNTY -OF HENNEPIN )
1444k na:&
NOTARY PUBLIC
SSE- !l , /78-�
MY COMMISSION EXPIRES
On this day of , 1986, before me
a Notary Public within and for said County, personally appeared
known to me to be the
persons 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
Page 4 of 4
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DESCRIPTION:
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We hereby certify that his is a true and correct representation of a survey of the
boundaries of the land above described and of the locallutr of all hulldhivs, it atry, thereon
and all visible encroachments, if any, from or on saki 11 Dated this 25th day
of Aorl j _ , 19 30
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CERTIFICATE OF SURVEY
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urvey fur:
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We hereby ceruly thrl'l . is a true .ind reprenenlalwn „I A tiur%-Uv tit O
buundarles of the land alwve dcscrrl)ed +ndof the locallunul all I,u11,1Lu:;s, if any, I tele„n
and all visible encroachments, If any, . rum or on said 1.Dated this i;tt, L,y
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