HomeMy WebLinkAboutResolution 4436 �� o
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RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C);
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND
SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (L) (2)
FILE #2543
WHEREAS, Theodore R. Edin and Judith A. Edin (hereinafter "the applicants") t
are owners of the property located at 3025 Casco Point Road within the City of Orono i
(hereinafter "City") and legally described as follows:
That part of Tract A, Registered Land Survey No. 395, files of Registrar of Titles,
Hennepin County, Minnesota, lying Northerly of the following described line: Beginning
at the Southeasterly corner of Tract B; thence Southwesterly along a line drawn through
a point on the base line shown on said R.L.S., 80.00 feet Northwesterly from its
intersection with the Southeasterly line of said Tract A, to the shore of Lake
Nlinnetonka and there terminating: and That part of Tract B, said R.L.S. No. 394, lying
Southerly of a line drawn parallel with and 50.00 feet Southerly from the Northerly line
of said Tract B, said 50 feet being 50.00 feet measured along the Easterly line of said
"Tract B, 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 March 20, 2000, at which times 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 Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23.2%),
where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed; Section 10.22, Subdivision 1
(B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the average
lakeshore setback and Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (L) (2)
to allow hardcover in the 75-250' setback area of 6,118.45 s.f. (67.7%), where 6,960 s.f.
(77.11%) exists and 2,256.5 s.f. (25%) is allowed to permit replacement of an existing second
story lakeside deck.
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CITY of ORONO
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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:
i
FINDINGS
i'.
1. This application was reviewed as Zoning File #2543.
2. The property is located in the LR-1C Zoning District, where .5 acres or 21,780
s.f. is the minimum lot area. The property consists of .35 acres or 15,370 s.f.
3. The Planning Commission reviewed this application on March 20, 2000 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. Lot coverage is being reduced from 3,589 s.f. (23.3%) to 3,576.45 s.f.
(23.2%).
B. Hardcover in the 75-250' setback area is being reduced from 6,960 s.f.
(77.11%) to 6,118.45 s.f. (67.7%).
C. The lot is unusually small and narrow for the LR-1C zoning district.
D. The residence was built prior to the current zoning standards.
E. Encroachment into the average lakeshore setback will not adversely affect
the neighboring property.
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�. CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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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; 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 Codes Section 10.03, Subdivision 14 (C) to allow lot
coverage of 3,576.45 s.f. (23.2%), where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is
allowed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow
encroachment of 55' into the average lakeshore setback; and Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of
6,118.45 s.f. (67.7%), where 6,960 s.f. (77.11%) exists and 2,256.5 s.f. (25%) is allowed to
permit replacement of an existing second story lakeside deck. Approval is subject to the
following conditions:
1. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Exhibit A. Any amendments to the site plan may require
further Planning Commission and City Council review.
2. The applicant shall remove plastic from rockbed on the property within 90 days
of receiving a building permit.
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3. The applicant is advised that the hardcover items and percentages approved with
this resolution are approved only in conjunction with the approved plan, and this
approval does not intend to grant approval for any other future plan that may be
proposed in the future at the same hardcover percentage.
4. Authorities granted by this variance run with the property 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 (April 10, 2001). -
5. Violation of or non-compliance with any of the terms and conditions of this
resolution 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 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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CITY of ORONO
a �
RESOLUTION OF THE CITY COUNCIL
l9 g�' NO. 4436 .
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Adopted by the Orono City Council on this 10th day of April, 2000.
ATTEST:
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Linda S. Vee, City Clerk Ga el Jabbour, or
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roperty Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of April,
2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Pdblic v
MARY ANW JOHNSON
NOTARY PUBLIC-MINNESOTA
Ay Canrnission Expsr�s 1, 31,ZOOS
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CITY of ORONO
a �
RESOLUTION OF THE CITY COUNCIL
��9kE '0' NO. 4 4 ' a
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�day of 200 0 before me a Notary Public within and
for said county, personally appe ed 17) e o e'a2 e R E d ' Q n J V d r' fh A. a�;n, " ems;Pd'
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.
` MARY A,-N JOHNSON
NOTARY PUBLIC-N,INNESOTA Notary Pu lic
W COimdssba Expr:s Jan.31,2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,200_before me a Notary Public within 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
Page 6 of 7
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