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Home My WebLink AboutResolution 4512 /7 O� • �O CITY of ORONO �' 1 14411t4- la — i partio C.) RESOLUTION OF THE CITY COUNCIL -kEsKo- No. 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56 SUBDIVISION 16 (L); SECTION 10.55, SUBDIVISION 8 AND SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2593 WHEREAS,Gary Gniffke and Larry Palm on behalf of Ace Properties(hereinafter "the applicant'")is owner of the property located at 3349 Crystal Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 10, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota(hereinafter "the property"); 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 August 21,2000,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L)to permit 836 s.f.(29%) hardcover in the 0-75' setback where 768.4 s.f. (27%) exists and none is allowed, and 972 s.f. (47%) hardcover in the 75-250'setback where 994 s.f.(48%)exists and 25%is allowed;Section 10.55,Subdivision 8 to permit the proposed residence 70'from the 929.4'lakeshore where a minimum setback of 75'is required; Section 10.25, Subdivision 6(B)to permit an 8'rear yard setback where 30' is required and to permit new construction on a lot less than .5 acre minimum in the LR-1C district. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2593. Page 1 of 6 c.v. N. //o CITY of ORONO ifirt— vioNA 0 RESOLUTION OF THE CITY COUNCIL N*9kES_H� NO. 4 5 1 2 2. This property is located in the LR-1 C Zoning District,where 1/2 acre is the minimum lot area. The property consists of 4,901 s.f. 3. The Orono Planning Commission reviewed this application on August 24,2000 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The property has been developed for many years. The property owners have stated the existing residence is in need of major repairs and would prefer to construct a new house rather than remodel and add to the existing house. The variances are required due to the small size of the lot. The lot size is.11 acre in a acre(.5) zoning district. B. The house would meet the 10' side setback requirements. C. It is not possible to meet a rear setback of 30' and maintain an adequate setback to the lake or Crystal.Bay Road. Proposed is an 8'setback to the rear property line. D. The lot is only 4,901 s.f. which was platted and developed prior to the adoption of the zoning ordinance. It would not be possible to purchase additional land from the adjacent residential properties as they are similar in size to the subject lot. E. To establish an adequate setback to the lakeshore and Crystal Bay Road, an 8' setback to the rear property line is appropriate. The property to the rear is a 100' railroad right-of-way, not residential property. 5. 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 danger to neighboring property; would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; Page 2 of 6 ' c.v., .4, --------6--- /O OCITY of ORONO ti s'. ' Al ��ti RESOLUTION OF THE CITY COUNCIL and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicants 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 variances to Municipal Zoning Code Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16(L) to permit 836 s.f. (29%)hardcover in the 0-75' setback where 768.4 s.f. (27%)exists and none is allowed, and 972 s.f.(47%)hardcover in the 75-250'setback where 994 s.f.(48%)exists and 25%is allowed;Section 10.55, Subdivision 8 to permit the proposed residence 70' from the 929.4' lakeshore where a minimum setback of 75' is required; Section 10.25, Subdivision 6 (B)to permit an 8' rear yard setback where 30' is required and to permit new construction on the non-conforming lot less than .5 acre in the LR-1C district. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. It is the intent of the City Council that variances to develop the lot to exceed allowed hardcover would not be looked upon favorably. 3. The roof pitch of the structure shall not exceed 10:12. 4. 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 (August 28,2001). 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. Page 3 of 6 j QN,O` .,A, _ (,:, ,, --.. ) - t,� CITY of ORONO A 1440 �.� _;^I�� Gti RESOLUTION OF THE CITY COUNCIL �SH04 NO. 4 5 1 2 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 28th day of August, 2000. ATTEST: Linda S. Vee, City Clerk Gabri 1 Jabbour, Mayor 4 . ) ,, I--r / i_____-----...... Aii#1j14. Property mer(s) iI STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of August, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. 94.a . __,.ar,o HEIDI N.STURmAN _e !Or.__( NOTARY PUBLIC-MINNESOTA Notary Public -;, MyCorrm:�.._. hi.31,2005 Page 4 of 6 _ 7j aiv. OO = i, t ,p CITY of ORONO la 1 �, ��,o. G, RESOLUTION OF THE CITY COUNCIL _.__ NO. 4512 STATE OF_ MINNESOTA ) ) ss. COUNTY OF HENNEPIN�� }�� ) On this /ouf day of , 200 0, before me a Notary Public within and for said County, personally appeared 674t.el Sn I -P Re-,on hehaI4 of Ace P- ,-key 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. 7 l 1EIDI N.STURMAN ti . NOMlt IX-MINNESOTA 1 ii<sok. .„) .jsktyzynii,,,0 ,, MtConaipbn Expires Jen.31,2005 L Notary Public STATE OF V " I A ) ) ss. COUNTY OF HENNEPIN ) On this I aWI- day of , 2006 , before me a Notary Public within and for said County,persona ly appeared tet-4-4, ', •• . .-, op Ad,_ ` .•.•_ 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. HgDI N STURMANA.4.64.,.. . detizi/p710/1„, ay pueuc- A ti '1/7 ';_, - way Coannission Expires Jen.3t,2305 Notary Public ` Page 5 of 6 ` -.-. ....-., ..... .....�. 1 ,,., ....Sy.l7.. .V...r•Y- ../r.,. . •n<avr,.-w.rwur•'..:u•rft:resvw _ . .._. .. .. . Exhibit A • 4512 a ' � 1�920'��.e� Prepared For: t �/ Sheryl & Larry Palm ,,,t0' Q tee „/ tsl 09. %/ a �a1 e c"`3 t ,i u 0 N ,e1etoo'e6 a ��-'mot.01-- pot�-,, , eta �' 2g 4 'opt\ / /1` S d<oc r ' ho,''0.0'- • I 470. �,, \,. , ' s1.i 3,. o .rE,/ t o e. . t o 3` to yy)' \ .6''' ,ery0r 06. r0 • Denotes found iron monument A / .>j, ..'i. �j • Y 4 u V /.5---., Ili `y� ‘./.3. .3.• P. 'r i 1. 4 ` �` ',1 '!111 ,^..w CC • 16 0V 9 .11111 'ills \t II 'II tem 4s ,. ,I11 o°A 'a 'lIi �� e. A ' �.4 ,= , \. ;.=' v0 '''111, -A.\ ,f P ":,..,--$.; `- #`` - ...:>....- 111 e b I %SI ., y tt , •1, '1 111' / °.. ✓ '111 111 /+ 0 11 �o % 1 i ttV k I \ '.I' \t ill 1y�e g2� I I, 1 1 \\ .:Et, 1,1111 00 �� i� j 1 l c : ' 1.1�i k• • ` iN�t1Jko l • B-,e e PO .1111111 J \\:1_'. 1 to ( A li ` , i. 'm4GGyy 1111,, %0 - it': gb • 1��. J� ,bs9: y°c0 et' ,+ NOTES t.,e �Oi.t if —Legal description as provided by client k,p4pt —This survey is subject to any facts that may be 1..S. 41. 4 �/ a, ee' disclosed by a full and accurate Ute search. + c1%* Y / o' �.o` (ie. easement for road or encroachments, etc.) y Y/�/ �1,t —Lot Area: 13767 Square Feet „� ` 4 y� LEGAL DESCRIPTION 00 �`�r 14at e Lot 10, "WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH" ;' . '� COSTING IIAROCOW'R 0-75' Calltli%H.ymfo}•{R 75•.k,ofmtx. PROPOSED HAROCOYWR 0-75' enr gyfR 75'A 0fro1c( Duildf,r31 107.4 SQ.rT. Wading,&Deck, 978 six IT. Buildings 166 So.Ti. Holdings h Docks 916 SQ.r Wlomkloue ale 618 SO.r1. alwniea0 aie 0 SQ.1-f. U11umMous Ph. 560 SO.FE Bituminous Who 0 SO.F. Wlumnaus Roadway 668 S0.FT. was, 16 SO.FT. ailumneus Roadway 666 sa FE dams 56 SO.F Wood Doo 18 SQ F7. %WksTotal Hardcover 978 S0.FE 61 sa.FE Wood Doak la 50.FT. Told Hardcover 972 SQ.f ad Told 1lordeowr I654.1 SD.FE Told Na 2052 S0.FT. Told Area 2052 S0. Told Arm 3715 SQ.FT. Percent of Coverage 1fIX Total Hardcover 1702 SQ.F7. Percent of Coverage 47 X Percent of Coverage 44 X Told Area 3715 50.FT. Percent of Coverage 46 X Revised 4-2000 Praised 9-70-98 Page 6 of 6 OFFICE I '20:,7E,ER tilTSGIA C r " Ait3 GR -• ;-:;',T;; 00 OCT -9 1,1111: 20 73657,17 ..ri. ti'Jf I Duplicate Filing • Certificate •