HomeMy WebLinkAboutResolution 4199 .� -• '�•
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�b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
��`qI�E p4�'G NO. � �. � �
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� � A RESOLUTION GRANTING VARIANCES
. . TO MiTNICIPAL Z01�1ING CODE
�. SECTION 10.23, SUBDIVISION 6 (B); _ �
SECTION 10.56, SUBDIVISION 16 (C - 2), (,n AND (L) AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISIONS 19-21
FILE NO. #2403
WHEREAS, Terry and Bruce Clark (hereinafter "the applicants") are the owners
of the property located at 1575 Long Lake Boulevard within the City of Orono (hereinafter "the
City") and legally described as follows:
. Lots 13, 14, 15 and the West half of Lot 16, Albee's Long Lake Addition,
• Hennepin County, MN (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Staiutes and the City of Orono Zoning and Planning Codes, the Orono Plaiuiing Commission
held a public hearing on August 17 and September 21, 1998, at which times all persons
desiring to be heard concerning this application were given the opporlunity to speak thereon;
and
WI�REAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.23, Subdivision 6 (B) and Section 10.56 16 (C - 2), (� and (L) to
permit a 12' x 16' entry addition to an existing residence on the street side and a deck and
stairway.on the lakeside where the e�cisting residence is partially located in both the required
street and 75' setback from the shoreline, and to a11ow the existing residence to be raised 4' to
conslruct a basement walkout requiring a net increase of 15 cubic yards of fill in the required
lakeshore setback and within the required top of bluff setback. A hardcover variance in the
0-75' setback is required to allow 7.10% (1,467 sq. ft.) where 6.0% (1,223 sq. ft.) is existing
and none is allowed. A conditional use permit per Section 10.03, Subdivisions 19-21 is
required for land alteration in the lakeshore setback.
� NOW, THEREFORE, BE IT RESOLVED. by the City Council of Orono, �
Minnesota:
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��b. - C ITY of ORONO
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�� �'� RESOLUTION OF THE CITY COUNCIL .
� L9kESH�g'� . NO. . � � � � � : � . �.
• FINDINGS
1. This application was reyiewed as Zoning File #2403.
2. The property is located in the LR-lA Zoning District, where 2 acres is the
minimum lot area. The property consists of .72 acre or 31,661 sq. ft.
3. The Orono Planning Commission reviewed this application on September 21,
1998 and recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The lot area does not meet the 2 acre minimum requirement.
B. The lot measures 110 ft. deep and does not meet the required street or
• . lakeshore setbacks.
C. The lot is impacted by steep topography including a bluff in the
lakeshore yard.
D. The proposed improvements are compatible with the architectural style
� of the existing structure.
E. Raising the structure 4' and cut and filling with a net increase of 15
cubic yards of fill will not have a significant impact on lakeviews or lake
quality.
5. The City Council fmds 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 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.
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��b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
���kESH04�G N0.
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 variances 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 10.23, Subdivision 6 (B) and Section 10.56,
Subdivision 16 (C - 2), (� and (L) and Section 10.03,'Subdivisions 19-21 to pernut an addition
on the street side of the residence to be located 25' from the street where 31.8' is existing and
50' is required; to allow a lakeside upper deck and stairway to be located 36' from the shoreline
where 49' is existing and 75' is required; to allow 1,467 sq. ft. (7.10%) hardcover in the 0-75'
• setback where 1,223 sq. ft. (6.0%) is existing and where none is allowed; to allow a net -
increase of� i 5 cubic yards of cut/fill within the required top of bluff setback and lakeshore
setback where no alternation is allowed to raise the existing residence 4' above the existing
grade to construct a walkout basement. Approval was subject to the following conditions:
� 1. The applicant is to provide the City with an erosion control plan prior to
. issuance of a building permit.
� 2. The applicant and future owners are advised that future requests for hardcover
' increases will not be viewed favorably.
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 23, 1999).
4: Violation of or non-compliance with any of the terms and conditions of this
� variance shall constitute a violation of the zoning code, shall automatically � .
. . . terminate any authority granted herein, and shall be punishable . as .. a � �
� misdemeanor. �
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��b. - CITY of ORONO
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'ti RESOLUTION OF THE CITY COUNCIL.
���kESH�g'�G� � NO. 4 1 9 � . . .
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.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of November, 1998.
ATTEST:
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Lin S. Vee,,"City Clerk Gabriel abbour, Mayor �
� . Property O er (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
November, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the
City. . . . . .
} CAROLE A.HASEMAN
S .��u,,f� NOTARY PUBUC-MINNESOTA � �
t� ���.��:�/• HENNEPIN COUNTY
� 'M�' My Ccrrmicsicn fr.pires Jan.31,z000 No ary Public
, 'i•��..."e""";E-2.--''ti^.?.,�",:��e—fi�C;i,:-">,,a-.�
•t. . ., :.s-c
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��b. � CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
� ��`�kE Hp4�'� . . N0. � � 1 � �� � � . : .
S . . .
STATE OF MINNESOTA ) �
� ) ss.
COUNTY OF HENNEPIN ) �
On this ' ti day of ,(���vp,y,h,�,. , 199� before me a Notary Public within and
' for said county, personally appeared gr,,,,�� ��,.l�a^d 'T,�rrv C�far�, 1�.�G,�ad��n�e. �o�
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.
`' ' CRROLE A.HASEMAN � � _�,��rne�_�
4���d?.; N07ARY PUBLIC-MIhiNESOTA
`i °•;h:i�• HENNEPIN COUNTY NOTARY PUBLIC
t �•"�•`° My Ccmmissicn Expires J2n.3i,2000
r.%��:'n.,��•.�".�>_.�-�Yc .�e�.��:.::�'r^:'�.',.,,"Y'�.•
� 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 foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
� NOTARY PUBLIC �
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