HomeMy WebLinkAbout1988-05-13 Resolution 2445City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2445
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.24, SUBDIVISION 5(B) -
FILB i1272
WHEREAS, Richard J. Heit (hereinafter "the applicant") is
owner o- the property located at 1153 Elmwood Avenue within the City
of Orono (hereinafter "City") and legal?y described as follows:
Lots 8 and 19, Skarp and Lindquigts Fernhill, according to
the recorded plat thereof, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has a7plied to the City for a
variance tc Municipal Zoning Code Sections 10,.22, Subdivision 2 and
10.24, Sut-livision S(B) to permit the construction of, a second story
addition which will comprise additional structural hardcover in excess
of the 25% hardcover normally -llowed in the 75-250' lakeshore setback
zone, and which will be located les: than the required 10.0' from the
side lot line.
NOW, THEREFORF, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1272.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning Dis'-rict.
3. Th:- Orono Plann'.ng Commission reviewed this application on
May 16, 1988, and recommended approval of the proposed variances
based upon the following findings:
a) The percentage of hardcover in the 75-250' zone will not
increase from its existing 44.5%.
b) The proposed addition will have no impact on the views of
the lake enjoyed by any neighboring property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2445
c ) The proposed cantilevered addition will he located 8.6'
from the side lot line with a 2' over hang, but will be no
closer to that lot line than the existing covered walkway
structure attached to the house, and will have no impact on
the neighboring residence which is more than 50' away.
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 Cite Council fin,3s that the conditions existing on 'his
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting t'e 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 subsra^vial property right of the
applicant; and wo►xld be in keeping with ;;he 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 va_iance to the Municipal Zoning Code Sections 10.22,
Subdivision 2 and 10.24, Subdivision 5(B) to permit the construction
of a second story addition to be Located 8.6' from the side lot line
with overhang located 6.5' from the side lot line, where a 10' side
yard setback is normally required, and grants a variance to allow
44.5% hardcover in the 75-250' setback zone where only 25% hardcover
is normally allowed, subject to the following conditions:
1. Hardcover on the property is allowed only as follows:
0'-75' Zone: (Area = 3,975 s.f.)
Existing stepping stones 20 s.f.
Campfire rJ.ng/piastic underlay 100 s.f.
TOTAL ALLOWED 120 s.f. (3.0%)
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2445
'15-250' Zone: (Area = 8,325 s.f.)
Existing house
Existing deck
Existing shed
Rockbed.s/plastic along west
wall of house, with 3'
cantilever above
Covered walkway with
cantilever above portion
Existing garage
Retaining walls/plastic
Gravel/plastic next to
walkway by garage
Portion of property in
Elmwood right-of-way that
is maintained by Applicant
as his driveway
TOTAL ALLOWED
1,254 s.f.
226 s.f.
56 s.f.
113 s.f.
328 s.f.
586 s.f.
200 s.f.
100 s.f.
840 s.f.
3,703 s.f. (44.5%)
Applicant is hereby advised that no additional hardcover will be
approved for this property, and any future proposal to increase
hardcover on the property would not be approved, but might be
approved only in conjunction with removal of an equivalent area
of existing hardcover, resulting in no net hardcover increase on
the property.
2. Separate kitchen facilities shall not be constructed to make
this a separate guest apartment without conditional use permit
approval by the City Council. The house and a0dition shall
continue to function as a single dwelling unit.
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 13, 1989).
4. Violation of or :ten -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 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.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2445
Adopted by the Orono City Council on this 13th day of
Junej 1988.
D
James R. Grabe , yor
Edward J. Cal han, Jr., Acti g Mayor
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A
City, of OR,ONO
NESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO.
2445
On this �� day of rf - 11 198,F
before me a,-otary Public within and�for said county, perscnally
appeared / _ known to me to be
the persons) -descritvtd in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
KOENIG
DEBRA A M�-f—
NOTARY PUBLIC
ou"i*'.teSO11A
NOTARY pt1Bl C
1►,
µIINONA ;Oct_
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
on this day of , 198, before me
a Notary Public within and for said County, personally appeared
known tc 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
MY COMMISSION EXPIRES
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