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Home My WebLink About#2652 Unrecorded Resolution 4606- -· - CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.· · 4 6 0 Q:i A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16(L)(2), SECTION 10.22, SUBDIVISION l(B), AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO. 2652 WHEREAS, Dennis D. Anderson, (hereinafter "the applicant") is the owner of the property located at 1720 Bohn's Point Road within the City of Orono (hereinafter "the City") and legally described as follows: See Exhibit A WHEREAS, the applicant has applied to ·the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56", Subdivision 16 (L)(2) to allow 13,045 s.f. (48.7%) hardcover in the 75-250' setback zone to construct a paver walkway and outdoor stair addition; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C)(6) to allow a second story addition on the existing residence to encroach 88' and 92' into the average lakeshore setback. 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 January 17, 2001, at which time all persons_ desiring to be heard co~cerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by, the City_ Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2652. 2. The property is located in the LR-lB, Single Family Lakeshore Residential Zoning District, where 1 acre is the minimum lot area. The property consists of approximately 1.48 _acres. Page I of 6 ,•. --'> - V CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 0 6 3. The Orono Planning Commission reviewed this application on January 17, 200 I and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: 5. 6. A. Hardcover in the 75-250' zone will not change as a result of the addition because applicant will remove an equivalent amount of existing hardcover. B. Hardcoverin the75-250' setbackzonewillremainat 13,045 s.f. (48.7%)with the paver walkway and stairway addition. C. The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed addition. D. Lot coverage on the property is· currently 7.9%, and will remain with the proposed addition, meeting the standard 15% limitation. E. The shape of the lot and the curve of the shoreline, as well as the fact that lake exists on both the south and east sides of the property are hardships that are unique to the property. 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 will 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 applic~t; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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. Page 2 of 6 - - ,·--·-'I" CITY of ORONO RESOLUTION OF THE CITY COUNCIL. NO. 4 6 0 ~ 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, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 13,045 s.f. (48.7%) hardcover in the 75-250' setback zone to construct a paver walkway and outdoor stair addition; Section 10.22, Subdivision 1 (B) and Section 10 .56, Subdivision 16 (C)(6) to allow a second story addition to the existing residence to encroach 88' and 92' into the average lakeshore setback. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this· variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (February 12, 2002). 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 12th <:lay of February, 2001. · ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor '.Property Owner (s) Page 3 of 6 - .•,: - CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 0 6 · .... STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN_ ) The foregoing instrument was acknowledged before me on this 12th day of February, 2001 by Barbara A. Peterson 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. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of _______ , 2001, 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of _________ , 2001, before me a Notary Public within and for said County, personally appeared _________________ _ kno)Vll _to .me to be the person(s) described in and who executed the foregoing instrument, ~d acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of6 - - - Exhibit A . ~ . .. ~ .... LEGAL DESCRIPTION OF PREMISES : Lot 3, "Auditor' s Subdi.vision Number. ·349, Hennepin County, Minnesota", except" that port ·thereof described o.s follows: Commencing· at the point of intersection of the Southeasterly. line of Lot 11, in s9id. Auditor•·~··?ubdivlsion No. 349 and the dividing ·line between· Lots 3 and· 4 in said . s~bdivision:.::ihence Southeasterly along the dividing line _between said Lots 3 .and 4 a dist~mce of 114.85 feet to the angle point · in said dividing line, said point being. the act.ual point of beginning of the tract of land to be described; thence Soytherly along the dividing line between. said Lots · 3 and. 4· a distance of 130 feet; thence Eas·t· deflecting to th_e left at on angle of 90 degrees 14 minutes to the shore· of Lake Minr:ie~onka; thence Northerly along shore of said lake 160 feet, more or less, to the dividing line between Lots 2 and 3 in said · subdivision; tlience Westerly along the dividing line between said Lots 2 and 3 to the angle point in last said dividing line; ·thence -continuing Westerly_ in a straight line to the actual point of· beginning; except the Westerly 20 feet · thereof, said 20 feet being measured at ·right angles to · the dividing line between said Lots 3 and 4: · Also ·an ·undivided 1/18 interest in Lots 10 and 11, "Auditor's Subdivision Number 349 Hennepin County, Minnesota" according to. the plot therof on file or of record in the offic;:e of the Registrar of Titles in and for said County . .... , ... . . -........ . 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