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HomeMy WebLinkAboutResolution 4062 �... , ,,: � O� � O O �b. - CITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ��`�$E Hp4�'G _ NO. _� �� .� � S A RESOLUTION DENYING A VARIANCE , TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, FILE NO. #2348 f E WHEREAS, the City of Orono is a municipal corporation organized and e�cisting under the laws of the state of Minnesota. WHEREAS, pursuant to state statutes 412 et, seq., the City Council of the City of Orono has adopted zoning regulations for the protection of public health, safety and general welfare; and � � �� WHEREAS, Mary Jane Hauser (hereinafter "the applicant") is the owner of the property located at 1540 Bohns Point Road within the City of Orono (hereinafter "the City") and legally described as follows: • See Exhibit A for legal description (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a new residence on a vacant lot that would exceed the 25% hardcover requirement in the 75' to 250' lakeshore setback. WHEREAS, the Orono Planning Commission reviewed this application on Mazch 16, 1998 and recommended approval by a 4 to 0 vote based on a revised proposal of 25.9% hardcover in the 75' to 250' lakeshore setback where 29.8% was proposed by the applicant. WHEREAS, the Orono City Council on March 23, 1998 moved on a 4 to 0 vote to deny the variance request and directed staff to draft a denial resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota hereby denies the variance application based on or more of the following findings of fact concerning the property: Page 1 of 3 � � °� � o 0 ��b� - C ITY of ORONO � � � � �� �,'�' RESOLUTION OF THE CITY COUNCIL L�kESH��'� NO. _ �- �D � � � FINDINGS 1. This application was reviewed as Zoning File #2348. � � t 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The properiy consists of 57,200 s.f. or 1.13 acre. . 3. The percentage of hardcover proposed for the residence and driveway in the 75' � to 250' lakeshore setback is 25.9% where 25% is allowed. � 4. The property meets area and width requirements. Allowing the requested hardcover variance would set a negative precedent in allowing a hazdcover variance for new construction on a vacant lot of record that meets all zoning • requirements and would not be in keeping with the spirit and intent of the City's Community Management Plan and Zoning Ordinance. 5. A residence of reasonable proportions can be constructed on the lot without the granting of a hardcover variance. The residence as proposed includes a substantial driveway and two decks. The hardcover requirement can be met with minor adjustments to these amenities. 6. The plight of the applicant is not due to a hardship unique to the property, but rather the desire to create decks and a driveway that increase the hardcover amount over what is allowed by code. 7. The City Council finds that the conditions existing�on this property are not . peculiar to it and apply generally to other property in this zoning district; that �granting the variances would merely serve as a convenience to the applicant, it is not necessary to alleviate a demonstrable hardship or difficulty; it is not necessary to preserve a substantial property right of the applicant; and would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. � Page 2 of 3 � . w I O� • O O ��e. - C ITY of ORONO � �� F � � '� RESOLUTION OF THE CITY COUNCIL � ��9'kESH�4�L . NO. iA tt� � � 8. 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. E r r � CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to deny a hardcover variance of .9% in the 75' to 250' lakeshore setback to a11ow 25.9% hardcover where 25% is allowed for the construction of a new residence on a vacant lot. � � Adopfed by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of April, 1998. • ATTES'�: � - i /�� � (/ Lin a S. Vee, City Clerk Gabrie Jabbour, Mayor STATE OF MINNESOTA ) �., ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of April, 1998 by Gabriel Jabbour 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. ��!'�`i�. (./• ,c�!��i�rr,s.�..� CAROLE A.HASEMAN Notary Public � •/r�^ NOTARYPUBUC-MINNESOTA ��.`� t=,,.�,�.�, �t;�.�. HENNEPIN COUNTY ��1 �;��,o' . � My Commission Fxpires Jan.31,2000 � Page 3 of 3 � ` � - ` . leqai Desuiotion : f � � 406 � : � . ' � . ,�. 7hat part of Lot 1 i� Section 9, Township 117, R�rx�e�23, desc�ibe�d os folfows: � � Commencing at a pant on We►st t�rte of said Section 9, 225 feat North oi Southwest � corner of ssid S�ection 9, ttEe�oc North along:aa�d West line o�Section 9, '!75 fce� . thence East on a line paralie! to the South tine of said Secfion 9 fi tha shore of Lake Minnetonka; tF►ence in a Southe►ty directivn atong the shore vf Lake Minr►etonka 181.64 feet rr�re or {ess to a poirtt where tt�e said shote is intersected by a line drawn through the point of beginn�ng artd paralfel�to the S�th line of said Section g; ther�ce West on a tine paraliel tu the Soei� lirte of aaid Section 9 to the poant of beyinning, � according to the plat tfiereof on fi(e or�ot recofd in the otfice ot the County Recor�er, Hennepin Counry, Minr�esota. � E . ' i I � • t J � - .