HomeMy WebLinkAboutResolution 4430 +
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�e. - CITY of ORONO
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� G'� RESOLUTION OF THE CITY COUNCIL
��kESH��� � NO. �� �: �� � .
A RESOLUTION GRANTING VARIANCES '
TO MUNICIPAL ZONING CODE
� SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55,
SUBDIVISION 8; AND SECTION 10.56,
� SUBDIVISION 16 (L)(1)
FILE NO. #2556
WHEREAS, Barbara Cavender and Collins Cavender (hereinafter "the
applicants") are the owners of the property located at 1405 Rest Point Road and have an
� interest in the properry located at 1395 Rest Point Road, owned by Robert Bredeson within the
City of Orono (hereinafter "the City") and legally described as follows: .
Lot �24 and Lot 25 Subdivision of Lot 14, Rest Point Park, Lake Minnetonka,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
� 1�Sinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Coinmission held public hearings on January 19, 2000 and February 23, 2000 at which times
all persons desiring to be heard concerning this application were given the opportuniry to
spe�lc thereon; and . �
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (A) and (B) to permit a new residence 34' from
the lakeshore wnere 75' is required; Section 10.55, Subdivision 8 to permit structure and
hardcover within 75' of the lakeshore; Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75' lakeshore setback
where 1,546 s.f. (13.6%) exists and no hardcover is allowed; and Section 10.24, Subdivision
. 5 (B) to permit a new residence to encroach 13.67' into the front yard setback and to permit
a new residence to be constructed on a lot less than 1 acre in size in the LR-1B zoning district.
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'� RESOLUTION OF THE CITY COUNCIL
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: ,
FINDINGS
1. This application was reviewed as Zoning File #2556.
2. The property is 13,238 s.f. and is located in the LR-1B, One Family Lakeshore
Residential Zoning District requiring a minimum lot size of 43,560 s.f.
3. The Orono Planning Commission reviewed this application on February 23, 2000
and recommended approval on a vote of 4 to 0 for the variances based upon the
. following findings:
A. The property has been developed and used as a residential property for
many years. To complete the application, it is a requirement the lots be .
• � combined to permit the construction. �
B. Most of the properry is located within 75 feet of the lakeshore. It is
nearly impossible to locate a house outside of the 75 foot setback
requirement without building on the street right-of-way line. Other
houses in the locality are located at comparable setbacks from the
lakeshore.
C. The City of Orono owns and maintains a lift station located on the
property. The City has a regular weekly inspection schedule for lift
stations. It is reasonable to expect a "buffer" between the house and the
station based on regular inspections, and the lift stations tend to emit
odors on occasion. The City of Orono is also communicating with the
applicants about obtaining an easement for the lift station. It is not
known why an easement was not recorded with the project in the eazly
1970's, but an easement should be recorded in favor of the City.
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D. The lot has a very limited building pad. Any new construction on the
property would require setback variances. Because Rest Point Road is
narrow, it is not possible to pazk cars on the street without causing a
public safety issue. Each lot along Rest Point Road will require off
street parking areas to accommodate guests. The City Code requires all
garages with doors facing a street to be located 30 feet from the property .
line to allow off street parking, thus requiring the house to be located
further from the property line. .
E. A condition of approval is the applicants shall combine the two separate
tax parcels. The combination is required to allow the proposed
development to meet the approved structural coverage and to permit the
� additional hardcover, and the proposed house is located on the existing
, property line. No structures are permitted to be located on a properry
line. This condition shall be met prior to the issuance of a building
permit.
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F. The applicants have agreed to grant a utility easement over the portion
. of the properiy that contains the lift station. The lift station was "
constructed in the 1970s without an easement ever being recorded.
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 tra�c 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 hazdship 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
recorrunendations 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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'� 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 Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and (B) to permit
a new residence 34' from the lakeshore where 75' is required; Section 10.55, Subdivision 8 to
permit structure and hardcover within 75' of the lakeshore; Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75'
lakeshore setback where 1,546 s.f. (13.6%) exists and no hardcover is allowed; and Section
10.24, Subdivision 5 (B) to permit a new residence to encroach 13.67' into the front yard
setback and to permit a new residence to be constructed on a lot less than 1 acre in size in the
LR-1B zoning district based on the following conditions:
1. The property is developed in conformance with the site plan attached as "Exhibit
A,�
• 2. Both lots are combined and recorded with Hennepin County prior to the issuance.
of a building permit.
3. Authorities granted by this variance run with the properry not with the
applicants, 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 (March 13, 2001).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, sha11 automatically
terminate any - authority granted herein, and shall be punishable as a
misdemeanor. .
� 5. 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.
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'� RESOLUTION. OF THE CITY COUNCIL
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Adopted by�the City Council of the City of Orono, Minnesota at a regular
meeting held on the 13th day of Mazch, 2000.
ATTEST:
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Lin"a S. Vee, City Clerk Gab 1 Jabbour, a r
��, ��.�-� D�cc�,�i�� .�ct.�x�,�Crti
Property Owner (s)
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Property Owner (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of March, 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.
�
. CAROLE A.HASEMAN Notary Public
NOTARY PUBUC-MlNNESOTA . .
My�pm�issipn Expites Jan.31,2005
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'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this L�day of /�r�r�cd, , 20 Do before me a Notary Public within
and for said county,personally appeared��//,n 5 (�„��i,aPr rV►a�ri td �
� known to me to be the person(s) described in and who executed the foregoing instniment, and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLE A.hIASEMAN
NOTARY PUBLIC-A�SO?A
INy Cortn�sion Expires Jm.31.2005 � �(. ��1-�2,r.,✓
- Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� ' On this /��h day of M����� , 200 6 before me a Notary Public within
and for said county,personally appeared f�.rba.ra. �r�vr�tic���, rh rv��e .
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he the executed the same as his (their) free act and deed.
CAROLE A.HASEMAN
NOTARY PUBLIC-I�NESOTA
NyCortrniwionExpYetla�.�1�2005 �/�.►-�r� �. �s--J
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a�`�" day of /��rc G, , 200 o before me a Notary Public within
and for said county,personally appeared�-��Pson �h�l �./�raal`ef r�P n
known to me to be the person(s) described in and who executed e foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
CARp�i,E A.HASEMAN
NOTARY PUBLIC-A�IESOTA l,��'/Y� (�{• ,.�Ul�t___ ��
�r��Exp�,t�n.31.2005 01 -�O�?2_
Notary Public
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