HomeMy WebLinkAbout1995-08-14 Resolution 3588CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (B), 2 AND
SECTION 10.24, SUBDIVISION 5 (B)
FILE NO. 2038
WHEREAS, Richard J. Heit (herei-iafter "the applicant") is the owner of the
property located at 1153 Elmwood Avenue within the City of Orono and legally described as
follows:
Lots 8 and 19, Skarp and Lindquist's Fernhill, Lake Minnetonka, according to
the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and Section 10.24, Subdivision 5 (B) to
permit construction of a 10' x 28.3' two-story addition to the lakeside of the residence to be
located 9' 4" from the north side lot line where a 10' setback is required. Construction will
result in 56 s.f. of new hardcover with total hardcover proposed at 4,120 s.f. or 51% where
25% is allowed and where 4,213 s.f. or 52 o exists; and an average lakeshore setback variance
of 32' where no such encroachment is allowed and where a 30' encroachment exists.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was re :dewed as Zoning File #2038.
2. Ti:e property is located in the LR-113 Lakeshore Residential Zoning District
requiring one acre in area.
3. The Orono Plattning Commission reviewed this application on July 17, 1995 and
recommended approval of the variances as proposed based upon the following
unique findings and hardships:
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
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A. The percentage of hardcover in the 75-250' zone will decrease from 4,213
s. f. or 52 % to 4,120 s. f. or 51 `7 .
B. The proposed addition will have no impact on the views of the lake
enjoyed by the neighboring property owner.
C. The two-story addition will extend 2" closer to the north side lot line.
The lot to the immediate north is undeveloped and serves as a lake access
for an owner who resides to the immediate east.
D. The City has received no negative comments from the neighbors notified
of this variance review.
E. The residence structure to the south is located 85' from the south side lot
line of the subject property.
F. There is more than a 100' separation between the Heit residence and the
residence to the south.
4. 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 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 the 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.
5. 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.
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( CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Sections noted above that would permit the
construction of a 10' x 28.3' two -stop. addition to the lakeside of the residence granting a 6.6 %
side setback variance, a hardcover variance of 2,086 s.f. or 25.6% and a 32' encroachment of
the average lakeshore setback line. Approval is subject to the following conditions:
1. Applicant to have completed the filing of the legal combination of Lots 8 and 19
before a building permit can be issued by City for new residential construction.
2. All existing hardcover improvements scheduled for removal as shown on Page 6
of this resolution shall be completed prior to the footing inspection for the new
construction.
3. The draintile that carries drainage along north side of property to the west shall
be extended to flatter elevations to lakeside of residence. Draintile to be buried
and disturbed area seeded with a mixture recommended for shaded areas.
4. Authorities granted with 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 (August 14, 1996).
5. 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.
6. 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
TOIN9XIA:�
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 14th day of August, 1995.
ward J. Ca , r. , Mayor
Propcm- Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
August, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor alid City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
LIMA S. VEE Notary Public
WW ROUC4aI+aE M
• ~ "am" COIMr1►
. � Conr�s�ion 6Dira Jr. 3t, 2000
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. _3588
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �yt—'4 day of A , 199-4'- before me a Notary Public within
and for said county, personally app aced ,�','�� a �, ,j ,, H e ; � . 5;, q /e
known to me to be the person(s) described in and who executed the instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S. VEE
NOTAR7 PUBIIC•WONWA
• HENNEPIN COUNTY
W CgmMssron E*s jWL 31. 2O
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
On this day of , 199_ before me a Notary Public within
any: for said county, personally 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
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ORONO COPY
STATEMENT OF COMPLIANCE FOR CONCLUSIONS, ORDER AND
CONDITIONS OF RESOLUTIONS PASSED ON AUGUST 14, 1995 BY
THE ORONO CITY COUNCIL
RED Variance for hardcover zoning code, pertaining to the property at 1153 Elmwood
Ave., Orono, MN ownd by Richard J. Heit.
Condition 1. To be completed by the owner, Richard J Heit
Condition 2. Plastic under the rock on the North and West side of the house will be
removed by the the home owner.
Condition 3. Draintile on the North side of the house to be extended to a more level area
by trechning in a 4" ABS draintile connected to the end of the existing drain tile,
completed by the home owner.
Condtions 4, 5, & 6. Agreed to and signed by the owner as warrented