HomeMy WebLinkAboutResolution 4389 i
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�b CITY of ORONO
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�,� G'� . RESOLUTION OF THE CITY COUNCIL
��kESH�4�' NO. � � � � -
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D) AND (E),
SECTION 10.22, SUBDIVISION 2 AND
AN AFTER-THE-FACT VARIANCE TO
SECTION 10.22, SUBDIVISION 2
FILE #2546
WHEREAS, Christine L. Wood (hereinafter "the applicant") is the owner of the
property located at 4005 North Shore Drive within the City of Orono (hereinafter "City") and
legally described as follows:
� See Exhibit A (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 November 15, 1999, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
� WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision.9 (D) and (E) to permit a detached garage at 834 s.f.
to be located 3' from a street lot line instead of 10' as required by Code and 10' from the side
or rear lot line instead of the required 15' for a structure in excess of:750 s.f. The applicant
also seeks a variance to Section 10.22, Subdivision 2 to permit a net increase in hardcover
within the 75-250' setback area at 4,817.2 s.f. or 57.48% where only 2,095 s.f. of 25% is
allowed. Applicant also seeks approval for a 6'x32' section of deck installed without the
benefit of a building permit resulting in a 192 s.f. of hard hardcover within the 75-250' setback
area.
t NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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, CITY of ORONO
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�� G'ti� . RESOLUTION OF THE CITY COUNCIL .
�9kES8�4�' NO. � � � �
FINDINGS
1. This application was reviewed as Zoning File #2546.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area. The property consists of 17,244 s.f. or .39 acres.
Hardcover within the 0-75' setback area = 576 s.f. or 6.49%. Existing hardcover
within the 75-250' setback area = 4,165.7 s.f.� or 49.7%.
3. The Planning Commission reviewed this application on November 15,1999 and
� recommended approval on a vote of 6 to 0.
4. The Planning Commission recommended approval of the proposed variance based
� on the following items:
• A. The triangular shape of the property.
B. The unique location of property on a severe "S" curve.
. C. The property does not have a functional garage that can house cars
during the extreme cold winter months nor the summer months.
D. Over 50% of the area of this property is located in the 0-75' setback
area.
E. The property was developed before the current lakeshore development
standards established in 1975.
5. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generally to other properly 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 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.
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, C ITY of ORONO
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�� G'�� . RESOLUTION OF THE CITY COUNCIL
�`�kEsKO�� No. 4 � � � �
6. 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
variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and (E) and Section
10.22, Subdivision 2 to permit construction of a detached garage/storage structure located 3'
� from the street lot line and 10' from the side or rear lot line resulting in 4,817.2 s.f. or 57.48%
hardcover in the 75-250' setback area where only 25% is allowed and approval of an after-the-
fact variance for a 6'x32' deck constructed without the benefit of a building permit at 192 s.f.
� of hardcover in the 75-250' setback area, subject to the follow conditions:
• � 1. Final approved hardcover at 4,817.2 s.f. within the 75-250' setback area is
approved as shown on page 7 of this resolution. All structures scheduled for
removal shall be completed at the time of the footing inspection for the proposed
detached garage/storage structure.
2. The applicant shall provide detailed grading and drainage plans with building
permit application for new construction.
3. 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 (November 22, 2000).
4. 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.
5. The undersigned applicant has 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
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� �,'ti � RESOLUTION OF THE CITY COUNCIL
��kESH�4�' � NO. � � � �
Adopted by the Orono City Council on this 22nd day of November, 1999.
ATTEST:
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Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
Properry Owner(s)
� STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
November, 1999, 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.
ti C�y�,n� cq-e�—
MARY ANN JOHNSON Not P blic
NOTARY PUBIIC-MINNESOTA �'
Ib►Cann�ion Exp�es Jan.31.2005 .
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b - CITY of ORONO
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. �� �G'ti . RESOLUTION OF�TH�E�CIT�Y COUNCIL
�kESI��S�`' NO.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
On this �day of�.�J��.. ,�,_before me a Notary Public within
and for said county, personally appeared rt S}��rvc. L C,udc� a ���'��
known to me to be the person(s) described in and who executed the foreaom� uistrument,and
acknowledged that he (they) executed the same as his (their) free act and deed. . .
.
HEIDI N.STURMAN ' '
���•��� OTARY PUBLIC
Ny commbslon Explres,lan,s��2005
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of � , 199_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 foregoin� instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
. NOTARY PUBLIC
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E�ibit A . .
Lot 1 except that part thereof bounded by a line beginning at t� most
Southerly corner of said Lot; thence North on the Easterly line of
said Lot, Zl feet; thence southwesterly in a straight line to a point
on the Southwesterly line of said Lot distant 20 feet Northwesterly
measured along said line from the most Southerly corner of said Lot;
thence Southeasterly along said Southwesterly line 20 feet to point of
beginning; all of Lot 2; and all that part of Lot 3 , lying easterly o=
a straight line drawn across said lot, which line begins at a point in
the nvrtherly line of said lot 3 . feet westerly measured along said
northerly line from the northeasterly corner of said lot, and runs in
a straight line 235.3 feet to a point dis?ine f �sa d lot 3rand thence
from and a� right angles to the easterly line of said lot, in
continues in the same direction to the southerly
fiighwood, Lake riinnetonka, according to the plat thereof on file or oi
recored in tne office of the Registrar of Titles in and for said
Hennepin County, Minnesota.
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� ��'�\ LEGAL DESCRIPTION situated. !n the Ccunty '
� �rAt,afr�. •.af Henne? n and State or Hinnesota to vit: ' ��
' �!`:� �;� �TM�� •Lot 1 except that ,part therea! bocnded by a line �
� ; ' . �,�� ` �beginning at the mosL Scutherly co:aec oE said :
• . ^ :,�-:so•ir,a,� .Lot; thence North,.an the Easterly line oE said :
1 + °u's .Lot, �21 feet;:'therice,•South:resterly in a straight
'�1' ��� � :Line to a Qoint on the Sauthuesterly line of
' , + .', said Lot distant 20 feet Northuesterl measured � ;
��`���� ',�, along said line fraa the most Sautherly corner
� � , ts�� .�'of 5aid.Lat; thence Southeaeterly along said '
� . 314- � ;w� , : :SouthvesteriX� line•.,2a;feet•.to point o£ beginnfng; �, �
_ � • �: � / 'j a11 'of Lot 2;'.and•a11=�that. part o! ,Lot•3, lying . _
• Ye,,.ove.o e1t ;,,r I *.� ••easterly oE a straight_••line draxn across said
,,,� . 4 • lat;,.vhich line:2iegins:�at a point in the northerly
� � ",� c��. cs� o . ' line'ot said•Iot '3.:feet•:vesterly measured along '
,.•r.� , t said northerly"7.•i�ne:froct•the northeasterly
1 • , �f= . >� n corner of eaid lot;;�;and•runs in a st:aight line '
' • % �•' _ �°, , .235.3 •£eet to, a point•;'distant 21..8 feet , ;
s`.*.:,�. fY�z,� � northxesterly_�froc:aad'•'at .right angles -
o�fer 4 ; � .,y,. , to the easterl'y;line:of said lot 3 and
�� ' ' thence�:continues:;i�n::•E:�e'sa�e directian
� ! :,� 'i` �;�,� N . ,.�• - t 'to the .southerly�-2ine•;of' said lot, in �
1 '�a"'� �� � �s I3�'� �����j°� � r��' Highvood, Lake�H"i�nnetonka', according .
' - �o�� ,� � ��' . . to :the• plat• the=eol.�bn.�file•or of :
�' �I ft, •record' in the affice:.af the Registrar �
'�'o� �"h• �� T . oE Titles in and ;for :said .County. • . •`
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��'�"��,�N , ' ��., ': � . �rr3 "qf;;Pa=ceT_�.� ��1'I,�300 sq. =0.3 •acr �s� .
_'�:�. .ft. 97 �
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�. ° '••� •: Hardcove=;=Calculations• (in, sq. ft..)
� � . p���"` � '••s., :�;Zone•�, �'2oas'l,rea�`�Hardcover..Area'•' ' �• Coverage
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