HomeMy WebLinkAboutResolution 4328 /3 0 4,
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�kESHD ~ RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2;
SECTION 10.25, SUBDIVISION 6;
SECTION 10.56, SUBDIVISION 16 (L) (1&2)
SECTION 10.25, SUBDIVISION 6
AND DENY A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #2410
WHEREAS, Peter Boynton and Darsi Boynton (hereinafter "the applicants") are
owners of the property located at 1973 Fagerness Point Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 7, Fagerness, 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 public hearings on August 17, 1998; October 19, 1998; October 16, 1998;
January 19, 1999; and July 19, 1999, 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 and a
conditional use permit to Municipal Zoning Code Section 10.25, Subdivision 6 and Section
10.22, Subdivision 1 to permit new residential construction on a lot 76.54' wide where 80' is
required and 10,350 sq. ft. in lot area where 17,424 sq. ft. is required; and to permit the
residence to be located 47.59' from the OHWL of Lake Minnetonka where 75' is required and
21.01' from the street lot line where 30' is required; Section 10.22, Subdivision 2 and Section
10.56, Subdivision 16 (L) (1) to permit 638 sq. ft. (11%) hardcover in the 0-75' lakeshore
setback where 1,285 sq. ft. (22%) exists and no (0%) hardcover is allowed; and Section 10.22,
Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 1,356 sq. ft. (30%)
hardcover in the 75-250' lakeshore setback where 1,496 sq.ft. (33%) and 1,122.5 sq. ft. (25%)
is allowed, and a conditional use permit to permit grading of 124 cubic yards for the purpose
of creating a walkout of the lower level of the residence within 75' of the lakeshore per
Section 10.03, Subdivision 19.
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"A .. CITY of ORONO
1 .i yRESOLUTION OF THE CITY COUNCIL
�kESH0.- NO. 4 S 2 8
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2410.
2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780
sq. ft. is the minimum lot area. The property consists of .28 acres or 10,350 sq.
ft.
3. The Planning Commission reviewed this application on July 19, 1999 and
recommended approval of a variance on a vote of 7 to 0 to permit new
residential construction per the site plan dated July 20, 1998 and revised June
10, 1999, and to deny a conditional use permit for grading within 75' of the
OHWL of Lake Minnetonka.
4. The Planning Commission made the following findings of fact:
A. The property was developed prior to the adoption of the Zoning Code.
B. The total hardcover and structure on the lot will decrease upon
redevelopment.
C. The building envelope on the property is minimized by the lot being
undersized for the Zoning District. Developing the lot without variances
would not be possible.
D. Adjacent properties are developed closer than 75' to the lakeshore. The
new residence would not encroach the average lakeshore setback.
E. The City's Comprehensive Plan and Zoning Code encourages protection
of the shoreland areas around natural waterways to include preserving the
existing grade around Lake Minnetonka. The applicants have proposed
grading 124 cubic yards within 75' of the lakeshore to create a walkout
for the lower level of a new residence. It is the position of the City to
not alter the grade within the lakeshore setback.
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=.��: ,� CITY of ORONO
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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
denies the conditional use permit application as described above and grants variances to
Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.22, Subdivision 1 to
permit new residential construction on a lot 76.54' wide where 80' is required and 10,350 sq.
ft. in lot area where 17,424 sq. ft. is required; and to permit the residence to be located 47.59'
from the OHWL of Lake Minnetonka where 75' is required and 21.01' from the street lot line
where 30' is required; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1)
to permit 638 sq. ft. (11%) hardcover in the 0-75' lakeshore setback where 1,285 sq. ft. (22%)
exists and no (0%) hardcover is allowed; and Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to permit 1,356 sq. ft. (30%) hardcover in the 75-250' lakeshore setback
where 1,496 sq.ft. (33%) and 1,122.5 sq. ft. (25%) is allowed. Approval was subject to the
following conditions:
1. 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 (August 9, 2000).
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.4 t,.. CITY of ORONO
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�� Vrvfftl G'� RESOLUTION OF THE CITY COUNCIL
�kESH04� NO. 4 3 2
2. 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.
3. 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 Orono City Council on this 9th day of August, 1999,
ATTEST : N..
* ,V: - - , ( ,/
Linda S. Vee, City Clerk Ga 'el Jabbour, M or
Property Owner(;
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k!%/'/US.ScTA
STATE OFSQfA )
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COUNTY OF-SIT )
The foregoing instrument was acknowledged before me on this 9th day of
August, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed n behalf of the City.
.CT i ;;_AL* Notary Public ,
""s
�J` " "° CAROLE A.HASEMAN
P� a of Illinois rr NOTARY PUBUC,MINNESOTA
My C ;cn Expire 42_ -",2.-1MpCgmiisbnExpires Jon.31.200S
Page 4 of 5
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t\ ILS �~ RESOLUTION OF THE CITY COUNCIL
NO. 4 3 f 6
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
,.200 0
On this Art( day of , b ru , 1-99_before me a Notary Public within and
for said county, personally appeared LQ(5; _go yn'fo n , vv,0 r-r,'e r,
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.
4lit CAROLE A. HASEMAN (�, ,dam
NOTARY PUBLIC•MINNESOTA NOTARY PUBLIC
My Corrmissi:r.Ex 2005
.�.` Expires Jan.31,
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L.L. 1 fuL'i >
STATE OF MTNNESOTA. )
IL, t}-;' r'v' ) ss.
COUNTY OF HEN N )
On this (t tA.day of i',J, i ,t.0 t d '•1 )• , 1-cikL before me a Notary Public within and
for said county, personally appeared f } :r t---7 .i (.,l fI,•1 I',r': v v E"�'i
known to me to be the person(s) described in and who ex cuted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their)free act and deed.
F. ..._........ .....___ 1 /' ,. „.„,7„,
'c,” 0!AL SE...,...„‘...........i
L' NOTARY PUBLIC (C:. . :_.Livergood• ' ,,Ctate of Illinois C. _. p:res 6/21102
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RESOLUTION#43_2_8
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Carole A. Haseman, Deputy City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held on August 9, 1999 ,
and that the same is a true and correct copy of said resolution duly adopted by said City Council at
said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 12th day of
August , 19 99 .
Gitze
Carole A. Haseman, Deputy City Clerk
(SEAL)