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Home My WebLink About1984-08-13 Resolution 1658City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1658 GRANTING A VARIANCE TO MMICIPAL ZONING CODE SECTION 10.25, SUBD. 6(B) AND SECTION 10.22 SUBDIVISIONS 1 AND 2, AND SECTION 10.55, SUBD WHEREAS, C.D. Williams (hereafter "applicant") has an interest in the property located at 1932 Fagerness Point Road within the City L�f Orono (hereafter "City"), and legally described as follows: TI.at part of Lot 27, Fagerness and the accretion to Lots 19 and 27, Fagerness, described as follows: Commencing at the intersection of the extension Southeasterly of the Southwesterly line of said Lot 19 and the Southerly line of under the Linden Avenue, which point is marked by a judicial landmark; thence Northeasterly along the Southerly line of said under the Linden Avenue a distance of 84.9 feet, said point being distant 75 feet \ Northeasterly from the Southwest corner of said Lct 27, which point is marked by a judicial landmark; thence South 'J 33'48' East a distance of 64 feet, which point is marked by a judicial landmark; thence continuing South 33048' East a li distance of 8 feet, more or less, to the shore of Lake Minnetonka; thence Southwesterly along the shore of Lake Minnetonka a distance of 97.7 feet, more or less, to its intersection with a line which bears South 21*06' East from the point of beginning; thence North 21%8' West a distance of 11 feet., more or less, said point being marked by a judicial landmark; thence continuing North 21008' west a distance of 53.45 feet to the point of beginning. (For purposes of this description the North line of Fagerness is assumed to be a due East and West line.) hereafter the property; and WHEREAS, the applicant has applied to the City fo- a variance to Municipal Zoning Code Sections 10.22 Subd 1 and Section 10.55 Subd 8 to permit construction of a residence 28' from the lakeshore instead of the 75' setback required, and a variance to Section 10.25 Subd 6(b) to permit construction of a residence on a lot of 6, 327 square feet instead of the 21, 780 square feet required, and to approve a lot width of 99' instead of the 100' width required, and approve a street setback of 14' where 30' is required, and a variance to Section 10.22 Subd 2 to allow hardcover of 30 percent in the 0-i5' lakeshore setback area where 0 percent is allowed. page 1 of 6 Minnesota: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1658 NOW, THEREFORE BE IT RESOLVED by the City council of Orono, Findings 1. This application was reviewed as Zoning File No. 827. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. A residence exists now on the property with an existing lakeshore setback of 28', existing street setback of 14', and existing hardcover in the 0-75' zone of 1,681 sf or 27 percent. There are existing sewer and water connections. 4. The Orono Planning Commission reviewed this application on July 16, 1984, and recommended approval of the proposed variances as revised, based upon the following findings: a) No additional land is available to be combined with the property. b) Applicant has revised his original 38 percent hardcover proposal to 30 percent hardcover proposed. c) The proposal meets all side setback requirements and will not encroach into the lakeshore or street setba-ks any further than the existing structure. 5. The applicant has proposed a second -story deck over part of the structure, eliminating the need for future deck encroachment into the lakeshore setback zone. 6. The City Council has considered this applicaLion including the findings and recommendations c,f the Planning Commission, reports by City staff , comments by the owner and the of f ect of the proposed variance on the health, safety and welfare of the community. page 2 of 6 city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1658 7. 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 hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessar , to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehnsive Plan of the City. Conclusions, Order and Conditions Based upon the above f indings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22 Sub(: 1 and Section 10.55 Subd 8 to permit construction of a residence 28 feet from the lakeshore instead of the required 75 feet, and grants variances to Section 10.25, Subd 6(b) to permit construction of a residence on a lot of 6, 327 sf instead of the 21,780 sf required, and approve a lot width of 99 feet instead of the 100 feet required, and approve a street setback of 14 feet instead of the required 30 feet, and grants a variance to Sec'_ion 10.22, Subd 2 to allow 30 percent hardcover in the 0-75 foot lakeshore setback zone where 0 percent is allowed, subject to the following conditions: 1. No other variances will be allowed on this property. Applicant is advised that further hardcover variance applications will likely be disapproved. 2. Maximum hardcover allowed on this property including but not limited to house, sidewalks, and driveway, is 1,681 sf (approximately 27 percent). 3. Existing sidewalks, metal shed, trashcan platform, and gravel driveway are to be removed. 4. The structure must meet 10 foot side setbacks. 5. Required minimum main floor elevation 932.5' msl. 6. A shallow swale must be provided between this property and that of the neighbor to the north to eliminate direct runoff onto the neighboring property. page 3 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1658 7. Applicant shall provide erosion protection measures other than hay bales to eliminate any silt or sediments from entering the lake as a result of the construction. 8. Authorities granted by this variance run with the property not with the owner, 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 13, 1985. 9. Violation of or noncompliance 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 punishauie as a misdemeanor. 10. The undersigned owner 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 to the property. 1984. Adopted by the Orono City Council on this 13th day of August, ATT T: city Cl r (1) Property Owner Ti) Property Owner (3) Property Owner City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1658 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this -�T __ day of 1�-_&jam 1984, before me a Notary Public within and or said County, personally appeared CL—y�1��-�_ known to me to be the Person(s) described in and who executed the foregoing instrum . -, and acknowledged that he (they) executed the same as his (their) free act and deed. ..rGAFFavi� t� _ I;CNAEL P. NOTARY PUBLIC 1 c NOTARY PUBLIC- MINHESOtA ------ ',,.. COUNTY HENNEPIN,C,�u�.��.+� MY �mm�aslon END II G1 Z.....+..''.' NNE I16 - MY COMMISSIONS STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1984, before me a Notary Public t h 'Tin and 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 MY COMMISSION EXPIRES --I page 5 of 6