HomeMy WebLinkAboutResolution 5054 f.
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��t ��'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279.6 and 78-281(b)
FILE NO. 03-2949
WHEREAS, Douglas J. Olson & Barbara J. Bowers, husband and wife,
(hereinafter "the applicants") aze the owners of the property located at 2601 West
Lafayette Road within the City of Orono (hereinafter the "City") and legally described as
follows:
Tract G and F,Registered Land Survey Na 131,Hennepin County, Minnesota
(hereinafter the "property"); and
• � WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Sections 78-1279.6 and 78-281(b) to
allow a 2"a story addition to the existing home that is situated entirely within the average
lakeshore setback on a property that is a peninsula.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono,Minnesota:
FINDINGS .
1. This application�vas reviewed as Zoning File�03-2949.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District.
3. The Planning Commission reviewed this application at a public hearing
held on September 15, 2003 and recommended approval of the average
lakeshore setback variance based on the follo�ving findings: : � .
a. The average lakeshore setback variance is supported by the conclusion
that the existin� views of the lake enjoyed by neighboring properties
will not be affected by the proposed addition.
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b. Lot coverage by structures on the property is currently 9.5%, and will
remain as such with the proposed addition, meeting the standard 15%
limitation.
c. Although the lot size is conforming with an area of 1.91 acres, nearly
half of the lot is in the 0-75' setback zone and the entire house is
within the average lakeshore setback zone.
d. The shape of the lot and the curve of the shoreline, as well as the fact
that the lake exists on both the north and east sides of the property are
hardships that are unique to the property.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, 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 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Orono Municipal Zoning Code Sections 78-1279.6 and 78-281(b)to
allow encroachment into the average lakeshore setback for a 2"d story addition, subject to
the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any .
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Authorities granted by this resolution run with the property not with the
• applicants,but are permissive only and must be exercised by obtaining a building
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
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permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (September 22, 2004).
3. 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.
4. The undersigned applicants have read, understood and hereby a�ee to the terms
of this resolution and on behalf of the applicants and the applicants' 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 the 22°d day of September, 2003.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson,Mayor
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Property wner(s) � � .
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STATE OF MINNESOTA
COUNTY OF HENNEPIN �
The foregoing instrument was acknowledged before me on tn�s 2�a y of
� �v►nb� , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
��o�-���-. �v�C�z--
Notary Public
�u,,.�,.� RACHEL DODGE
��;`'" NOTARYPU6LIC-MIPl4E"OTA
Camn�ssion Expires�:;� ",7.CC5 �
< <`�Y _ ,,,?,�,_.,..,.''
:,_-._.....-- -"_-'=-'�'-''�°:.-^'�•- . _ .
• STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 3dfday of
�.���, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota �
murucipal corporation and said instrument was executed on behalf of the City.
' �c�-G`.G�.�'_. �����
o�� :w; RACHEL DODGE Notary Public
� �';'"' �'•' NOTARYPUBLIC-MiNNE"OTA
, Pdy Commission Expires Jan.31,2006��
�.:�,�;?"�:',':':.:�""��"'"' _ �u.� .
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��� �G~' RESOLUTION OF THE CITY COUNCIL
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State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this �3�`'day of ����2003
�by Douglas J. Olson, husband of Bazbara J. Bowers.
r
BARBARA G.SILUS ��a'`'�
' NOTARYPUBUC-MINNESOTA Notary Public
.,,�- �+ty Cantnission ExpGes Jan.31,2CC9
State of Minnesota ) �
• ' ) ss.
County of Hennepin )
This instrument was acknowledged before me this��c#ay of �c-{a�,r , 2003
by Barbara J. Bowers,wife of Douglas J. Olson.
�� �DENISE M.LESKINEN
�py�qnrtdssion��ireslJanESOT�5
Notary Public
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