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Home My WebLink AboutResolution 4775 j /� . • ('ti.,.,� ' f . '1 . ��-_- • �I O� . � O O ��b. - CITY of ORONO � � �� t,'�' RESOWTION OF THE CITY COUNCIL ��SH�4� NO. _ � � "Y � , A RESOLUTION RENEWING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 2; SECTION 10.56, � SUBDIVISION 16 (L); SECTION 10.24, SUBDIVISION 5 (B) � FILE NO. 02-2746 ' WHEREAS, Mark Finney, (hereinafter "the applicant") is owner of the property • located at 3210 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and WHEREAS, the applicant has applied for variances to Municipal Zoning Code ~ � Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit additions to the ! existing residence, such construction and driveway constituting hardcover of 3,888 s.f (37.5%)in � the 75-250' lakeshore setback where 5,851 s.f. (56.6%) exists and 25% is allowed, and to Section 10.24,Subdivision 5 (B)to permit a residential addition to be setback 8' from the side property line where 10' is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 19, 2002, at which time all persons desiring to be � heaxd concerning this application were given the opportunity to speak thereon. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, ` Minnesota: FINDINGS � . 1. This application was reviewed as Zoning File#02-2746. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning ' District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. The actual lot area is 20,783 s.f. (0.48 acre) and a lot width of 63'. - � 3. The Planning Commission reviewed the application for variances and recommended Page i of i ii=-� �� . � o 0 ��b. - CITY of ORONO � � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL � ��`�$ES�Ipg'� NO. � � � � � approval by a vote of 6 to 0 based on the following findings and hardships: A. The proposed site plan has reduced hardcover in the 75-250' setback. B. The reduction of hardcover is due to a second driveway being removed and large portion of the existing parking area being reduced. , C. The proposed garage addition will replace an existing detached garage on the property. A new detached garage is proposed to be constructed at the rear of the property approximately 210' from the house. D. The existing house meets the required 75' lakeshore setback and average lakeshore setback. � E. The current house was constructed prior to adoption of the current zoning ` . . standards. The house was constructed 8' from the property line at the corner where the property addition will meet the existing house. The house is constructed on the lot closer to the property line on the north side, towards the lake. The addition thus moves further from the side property line as the addition moves further from the lake. The 2' variance allows the garage addition to continue the line of the existing house while maximizing usable � yard space east of the addition. F. The property is one of only a few residential lots in the City of Orono that is located adjacent to a B-2 (Commercial — Marina) zoning district. The . � . proposed house additions will help to screen the marina use next door and protect the small amount of yard area located on the east side of the house. G. The lot is a "back lot". Another residential lot is located between North Shore Drive and the property. 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 will 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. Page 2 of z • i�� _ � o 0 ��d. - C ITY of ORONO � � � �� G'�'� RESOLUTION OF THE CITY COUNCII. . ��`qx'ESgOg'� NO. � �' `� � � � 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. CONCLUSIONS, ORDER,AND CONDITIONS � Based upon one or more of the above findings,the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16 (L)to permit additions to the existing residence,such construction constituting hardcover of 3,888 s.f. (37.5%) in the 75-250' lakeshore setback where 5,851 s.f. (56.6%) exists and 25% is allowed, and to Section 10.24,Subdivision 5 (B)to permit a residential addition to be setback 8'from the side property line where 10' is required subject to the following conditions: . � 1. The property shall be developed in conformance with the site plan dated 2-4-02, • � and most revised on 3-19-02. � 2. The property owner shall grant a utility easement along the south property line for the sewer. 3. The final size of the screen porch shall not exceed 350 s.f. 4. Authorities granted by the variances 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 these variances will expire on that date � (March 25, 2003). � � 5. Violation of or non-compliance with any of the terms and conditions of the variances . � 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 owner has read,understands and hereby agrees to the terms of this resolution and on behalf of lumself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. � Page 3 of 3 . � /—_.'" � O� , • O O ��b. - C I�Y of ORONO � � F �� ,'�' RESOLUTION OF THE CITY COUNCIL � . . ��SH.p4� NO. � �° �' � � Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 25th day of March, 2002. � ATTEST: _ . �� _�. � U inda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicant(s) STATE OF MINNESOTA � COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this 25th day of March,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Mi id instrument was executed on behalf of the City. ;,� �• JACKIE YOUNG T � '�� NOTARY PUBUC-M1NN;.,0,.� �j `� ' �' PJ;y Comni�sslo� .cpires Jan.3i.2��5 .�ia� / `y � � Notary Public STATE OF MINNESOTA COUNTY OF HENNEPN The foregoing instrument was acknowledged before �me on this / -S'L day .of � ��'� � , 200 Z � by Lirida S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE �--��'``-��- �"�� i3�'```" NOTARYPUdLIC-MINN�"OTA NotaryPublic ��4'�L'�- � '`;.`";' M�,Commiss�on Expires Jan.31,2005 a VIA. ., la �f • Page 4 of 6 , . , �--- /� �� . • � � . �. .. ��e. - CITY of ORONO � F �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH�� NO. _ � ��°�' � � STATE OF MINNESOTA COUNTY OF HENNEPIN -f�` � _. On this �5 day of VV�-�� , 20�, ��-. �' ��-i , �t�'��. . personally appeazed before me, . who is personally known to me � _� whose identity I proved on the basis of 1'`�� `° � . whose identity I proved on the oath/afFirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � �� . � . Notary Public STATE OF MINNESOTA • COUNTY OF HENNEPIN a, RACHEL DODGE .�;�;,�. °'ri>''�" NOTARYPUBLIC-MINNE^OTA :;'`•°r� My Commisslon Expires Jan.31,2005 On this day of � ,20_, �,_,�`��•,-- _ personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the � same as his/her/their free act and deed. � � . � Notary Public. � � � Page 5 of 6 , , . • � 4775 E�chibit A Property Description That part of the west 57.3 feet of the east 115.05 feet of Government Lot 1, Section 8, Township 117,Range 23, lying north of a line drawn westerly passing at a right angle through the east line of said 57.3 feet to a point distant 165 feet north of its intersection with the northerly line of"Lydiard's Park",Lake Minnetonka. Together with an easement for drive way purposes over and across that part of the west 10 feet of the east 67.75 feet of said Government Lot 1, lying between the south line of the above described property and the northerly right-of-way line of County Road No. 51. ��' - �.�;: - _. i - - -- -\ ;,�; �� . �r , . - _ �`� � ._ _ � . �