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Home My WebLink About#1831 Recorded Resolution 3296CITY of ORONO HESOLUTION OF THE CITY COUNCIL N0.3 2 f) r1 A RESOLUTION GRANTING VARIANCES TO :MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2 FILE NO. 1831 WHEREAS, Edward Engler (hereinafter "the applicant") is the owner of the property located at 3450 Birch Lane within the City of Orono and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) for structural improvements to the property that will result in 3,383 s.f. or 15.6% structural coverage where only 15% is allowed, per Section 10.22, Subdivision 1 (B) where a 12' x 20' lakeside addition will encroach 21' beyond the average lakeshore setback line and the east side 16' x 24' addition will encroach 12' beyond the average lakeshore setback line where no such encroachment is allowed and proposed improvements will result in 221 s. f. or 2. 93 % hardcover in the 0-75' setback area where 353 s.f. or 4.68% exists and where none is allowed and a hardcover variance within the 75-250' setback area at 6,119 s.f. or 43.43% where 6,185 s.f. or 43.89% exists and where 3,522.5 s.f. or 25 % is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File # 1831. The property is located in the LR-lC Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 21,630 s.f. or .496 acres. The Orono Planning Commission reviewed this application on June 21, 1993 and recommended approval of the proposed variances based upon the following findings: TRANSFER ENTEND DEPI Of Pl<Of'fl<IY TAX & PUBLIC RECORDS Page 1 of 6 AUG 9 1993 fMn 5005 Disk Ofooo CITY of ORONO UESOLUTION OF THE r.JTY COUNCIL '-' '> o n NO, V 1-d iJ d A. Applicant proposes the removal of 132 s.f. or 1. 75 % of hardcover within the 0-75' setback area. Total hardcover will remain at 221 s.f. or 2.93% B. Hardcover within the 75-250' setback area has been maintained at 43.43%. There already exists 43.89%. C. 1,960 s.f. or 13.9% of the existing hardcover within the 75-250' setback area shown as asphalt driveway serves as an additional area for snow storage and turnaround for City vehicles. D. The age and condition of foundation of existing residence structure will not allow for an upward expansion. 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. 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 of 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 th~ 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction of a 12' x 20' lakeside addition and a 16' x 24' east side addition to the existing residence, subject to the following conditions: Page 2 of 6 fonn 5001 Pil.k Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 6)(),9, NO. /;.J u '-1 1. Applicant shall agree to continue to allow the City to use asphalt driveway area as shown on survey dated March 19, 1993, revised May 21, 1993, for turnaround use of snow plows and shall continue to allow the storage of snow during the winter months on the areas defined on that same survey included as Page ~ of this resolution. 2. Applicant shall provide a detailed grading and drainage plan with the application information for building permit for new construction. 3. 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 (June 28, 1994). 4. Violation of or non-compliance with any of the tem1s 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 f01m5005 Pill.Oiono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 2 U 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of June, 1993. Edward J. Callaha , Jr., Mayor / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instmment was acknowledged before me on this 28th day of June, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instmment was executed on behalf of the City. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Coolm. Expires 12-19-97 Page 4 of 6 f0<m 5005 Oisl< O<ooo STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL ,Cil> C) (1. (' NO. 0 N ,I-► On this &t!J dayof ,fu/y ,199~ ---before me a Notary Public within and fdr said county, personally appeared f r f. fr ·(Y n;< /rl. C I Irr Au1baA1tl-l tui'{e.. known to me to be the erson(s) describ d ln and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 ) ss. COUNTY OF HENNEPIN) 1;~,nd,_, j7 (IM otry Public On this --------=-----day of --~-=-----,-=-------, 1 9 9 before me a Notary Public within and for said county, persona--l~l~y- 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 6 fc,m 5005 Dill Orono EXHIBIT "A" 1 That part of the northeasterly half of Lot 18, "Lydiard's Park" Lake Minnetonka, lying northwesterly of a line parallel with and distant 197. 5 feet Northwesterly from that certain dotted line shown on the plat of said "Lydiard's Park" Lake Minnetonka, which dotted line is drawn at an angle of 88° to the northeasterly side line of said lot and intersects said side line at a point distant 85 feet Northwesterly from the Southeasterly comer of said Lot; and that part of the Southwesterly half of said Lot 18 lying Northwesterly of a line drawn parallel with and distant 222 feet Northwesterly from the base line as shown on the original plat of "Lydiard's Park" Lake Minnetonka, Hennepin County, Minnesota. \i ,,," ,,,,.,,., I \ '\<\;., '·-l\. \\,,,.,,,.,,- ~/ \ 1 \ \ \ l \ "i \ \ ''1>10~-. ;\0\,~: ' ! i . l 1 \ I \ l l ?. ·1 ; . ' ,; ,, / / / / / JALfa !,Jfji! ;, .. \. --~,;;' ,: .. -·· , .. ' . \ : \ \ 6 of Page ', / ... / v / t I STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) q C RESOLUTION # c1l -<~ ~ 0 I Dorothy H. Hallin, City Clerk of the.City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore-going copy of a res o 1 u ti on of the City Co u n c i 1 of the Ci t y of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on June 28 , 19 93 , and that the same is a true and correct copy of said resolution was duly adopted by said City Counoil at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 30th , day of June , 19 93 ---- (SEAL)