HomeMy WebLinkAboutResolution 4486 /��
� O�
_ O O
• ��e. - CITY of ORONO
a �
�,� �'� RESOLUTION OF THE CITY COUNCIL
��kESH�4� NO. � � � �
A RESOLUTION APPROVING AN
AMENDMENT TO VARIANCES PER
CITY OF ORONO RESOLUTION NO. 4416
FILE NO. 25�7
WHEREAS, Daniel J. McAthie and Judith K. McAthie, husband and wife,
(hereinafter"the applicants")are owners of the properry located at 1449 Bay Ridge Road within the
City of Orono (hereinafter "the City") and legally described as follows:
Tracts C and P, Registered Land Survey No. 192, Subject to easement for County
Road 15, Hennepin County, Minnesota(hereinafter"the properry"); 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 January 19, 2000, at which time all persons desiring to be
� heard concerning this application were given the opportunity to speak thereon; and
WHEREAS,the City Council adopted Resolution No.4416 approving variances to
permit a second story addition and garage addition to the existing residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File#2557.
2. This property is located in the LR-lA Zoning District, where 2 acres or 87,120 s.f.
is the minimum lot area. The property consists of approximately.98 acres or 42,784
s.f. �
' 3. The City Council approved variances to permit a second story addition to the existirig
house and alteration of the foundation to reconstruct the garage.
4. On N1ay 15,2000 the City of Orono issued a Building Permit to permit construction
of the addition based on the variance approvals granted by the Council.
. _ 5. The variance approval was based on the fact the existing residence would remain on
the property and the addition would be placed above.
Page 1 of 3
�-
� O�
• O O
��� - CITY of ORONO
� ti
�� �G'�' RESOLUTION O�T�HE�CISTY COUNCIL
`�kESI304�' NO.
. During an inspection of the area, Staff had observed the entire residence had been
removed, except the foundation had remained. As a result, the City of Orono had
placed a hold on the Building Permit to review the variances.
7. The foundation remains and is located over 150' from the lakeshore across County
� Road 15. The building being located into the average lakeshore setback may not be
an issue as most houses in the locality are located across County Road 15 and on a
hill.
8. After beginning the project, the contractor, Michael Hayes Homes, determined a
small portion of the foundation on the back of the house would need to be replaced
because it was cracked. Also, some of the joists were rotten requiring the entire
. house to be removed,except the foundation. The contractor had also noted it was not
possible to identify rotted joists or structural problems prior to the removal of some
of the house. Those areas were not visible to an inspector hired by the property
owners.
� 9. The house is located outside of the 75' lakeshore setback and across a County road.
The City has reviewed the impact of the house on the shoreland area and has
determined there would not be a greater impact to the shoreland azea than the
preexisting house. The house would be built entirely within the foundation.
10. The contractor would use the foundation and will not increase the building beyond .
the footprint previously approved. Only a portion of the foundation that was located
under the east side of the house would be fully replaced,this being done to comply
with the State Building Code requirements. Mr.Hayes has stated he guarantees the
construction and to guarantee the building he must meet the requirements of the State
Building Code.
. 11. The house would be constructed to the specifications reviewed on January 19,2000�
at the Public Hearing with the Planning Commission, and at the time of variance
approval. No changes to the exterior of the structure are proposed.
12. The Council finds the contractor should be permitted to continue as the proposed
construction is in keeping with the intent of the variance approvals granted per
Resolution No. 4166. The construction of the house is located beyond the 75'
lakeshore setback, and would not further impact the lake.
�
Page 2 of 3
�—_'
� O� �
• O O
��b. - C ITY of ORONO
� ti
� G'� RESOLUTION OF THE CITY COUNCIL
��kEsi��4�' - NO. � � � � .
CONCLUSIONS, ORDER,AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby permits the
City of Orono to release the Building Permit issued May 15, 2000, subject to the following
conditions:
1. Council approval is based on the site plan submitted by the applicants with Zoning
Application#2557. Any amendments to the site plan may require further Planning
Commission and City Council review.
2. 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. .
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on •
the 26th day of June,2000.
�
ATTEST:
G�2o��v - v
�
Linda S. Vee, City Clerk Gabri Jabbour, Mayor
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of June,
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.
�
'� MARY ANN JOHNSON
NOTARY PUBUC•►�lr�NESOTA
• , My Comrnission Expi;es Jan.31,2005 Notary P lic
� .-
i .._._
Page 3 of 3