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Home My WebLink About1987-05-26 Resolution 2185City of ORONO RESOLUTION Or THE CITY COUNCIL NO. 2185 A RESOLUTIONI GRANTING A VARIANCE TO MUNICIPAL SOWING CODE SECTION 10.25, SUBDIVISION 6 (B) AM SECTION 10.22, SUBDIVISION 1 i 2 FILE #1139 WHEREAS, James Lear (aereinafter "the applicant") is the owner of the property located at 2525 Dunwoody Ave. within the City of Orono (hereinafter "City") and legally described as follows: Lot 9, Block 8, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant hap applied to the City for a var ance to Municipal Zoning Code St.,-tions 10.25, ^iibdivision 6 (B) and 10.22, Subdivision 1 & 2 to allow the construction of a residence addition which will result in 28.57% hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed; and which addition when connected to tht. existing detached garage will result in a side setback of 6.7' where 10' side setback is normally required; and which eddition will constitute a 28' encroachment into the average lakeshore setback where no encroachment is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed nr Zoning File #1139. 2. The property iR located in the LR-IC Single gamily Lakeshore Residential Zoning District. 3. The Orono Planning Comszission reviewed this application on May 4, 1987, and recommended approval of the proposed variances based upon the following findings: a) the proposed addition will result in a 3 degree reduction in the field of view of the lake from the neighboring property. This reduction is insignificant because that view is al--•ady blocked by dense shrubbery. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2185 b) The applicant proposes to remove 165 s.f. of existing hardcover in the 75-250' zone to compensate for the 165 s.f. of additional hardcover to be created as a result of the proposed addition. This will result in no net increase in hardcover over the 28.57% hardcover existing in the 75-250' zone. c) The proposed addition will connect the house with the existing detached garage which is located 6.7' from the side lot line. The Planning Commission finds that the side setback variance is appropriate only because of the location of the existing garage, zhe substandard side setback of which resulted from an error in the previous owner's determination of the location of the property boundary. d) The partially finished room over the garage when constructed was never intended for use as human living quarters as evidenced by the previous ownerL written statement, hence in conjunction with the side setback variance it is appropriate to place the condition that the garage may not be fitted with plumbing, nor may it be used as human living quarters. 4. Tho 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 cf 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 4t 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 pre- serve 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. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2185 CON CI.OSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Counci 1 hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 1 i 2 to allow the construction of a residence addition which will result in 28.5• hardcover in the 75-250' lakeshore setback zone where only 25• hardcover is normally ally- and which addition when connected to the existing detached ,e will result in a side setback of 6.7' where 10' side sett .s normally required; and which addition will constitute a t8' encroachment into the average lakeshore setback where no encroachment is normally allowed subject to the following conditions: 1. Applicant shall remove 165 s.f.of hardcover in the 75- 250' lakeshore setback zone prior to final inspection of the addition, in order that hardcover in that zone will remain at or below 28.57% (6250 s.f.) as shown on Exhibit A attached. 2. The garage area and the room above it may become heated spr -4t but shall not be fitted with plumbing and shall not be us as human living quarters. 3. Applicant is advised that no additional hardcover will be approved for this property, and any future proposals to add hardcover will not be approved, but night be approved only with concurrent removals of existing hardcover resulting in no net increase in hardcover. 4. Applicant is advised that the shed located near the lakeshore in the 0-75' lakeshore setback zone is considered to be a non -conforming structure and subject to the pertinent ordinances governing such structures. S. 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-pproval, or this variance will expire on that date (May 26, 1988). 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. Page of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2185 7. The undersigned applicant has read, understood and here- by 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. Adopted by the Orono City Council on this 26th day of May, 1987. ATTEST: DUtof y Hallin, City tyJC erk Jame�R. Gra yor 9 Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2185 STATE OF MINNESOTA ) ss. COUNTY 0? HENNEPIN ) On this �W-4 day of (1 , 199" before me a_ fttary Pu c w thin and for said county, personally appeared known to me to be the persons escr ed in and who executed the foregoing instrument, and acknowledged t':at he (they) executed the same as his (their) free act and deed. NCIAry., KC. r 1 CAIVIt ti'v, to?. 1 �Y STATE OF MINNESOTA NOT A PUBLIC (, FY COMMISSION EXPIRES )ss. COUNTY OF HENNEPIN ) On this ,14 day of 198 , before me a ttary u e w t in and for said County, personally appeared known to me to be the P"aaa s oscribed in and who executed the foregoing instrument, and acknowledged that he Wiey) executed the same as his (their) free act and deed. F'Aw C. 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