HomeMy WebLinkAboutResolution 4055 +} � (r
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��b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
�L�E Hp4�G . NO. � � � �
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C),
. SECTION 10.22, SUBDIVISIONS 1(A) AND 2 AND
SECTION 10.56, SUBDIVISION 16(C6)
FILE NO. #2344
WHEREAS, C. Douglas and Marilyn Holcombe (hereinafter "the applicants")
are the owners of the property located at 1056 Loma Linda Avenue 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 applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 14(C), Section 10.22, Subdivisions 1(A) and 2 and
• Section 10.56, Subdivision 16(C6) to permit the construction, replacement and enclosure of
decks on the lake side of the residence.
� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2344.
2. The properiy is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 12,204 s.f.
or .28 acre.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variances based upon the following
findings:
1. The zoning lot does not meet lot area or width requirements.
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2. The main level deck is a replacement of one that had existed.
3. The enclosed porch and second level deck will not further add to
hardcover, structural coverage or encroachment on the lakeshore and
average lakeshore setbacks.
4. . The stairway leading down from the main level deck and walkway and
steps around the porch are necessary for a secondary means of egress
. from the main level and to address significant topography.
4. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect tr�c 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.
5. 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.
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��b. - C ITY of ORONO
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�� G'� RESOLUTION OF THE CITY COUNCIL .
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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 14(C), Section 10.22,
Subdivisions 1(A) and 2 and Section 10.56, Subdivision 16(C6) allowing a hardcover variance
of 4.2% in the 0' to 75' lakeshore setback where none is allowed and 9.3% is existing, a
hardcover variance of 30% in the 75' to 250' lakeshore setback allowing 55% hazdcover where
25% is allowed and 55.4% is existing, a structural coverage vaziance of 4.7% to allow 19.7%
structural coverage where 15% is allowed and 21.3% is existing, an average lakeshore setback
variance allowing 41' encroachment where none is allowed and 49' is existing and a lakeshore
setback variance of 13' to allow the deck to be located 62' from the OHWL where 75' is
required and 53' is existing to allow the construction of a new second level deck and stairs and
walkway and the replacement of a main level�deck and porch enclosure below.
Approval was subject to the following conditions:
• 1. The ille all built deck nearest the lakeshore as shown on E�iibit B must be
g Y
removed prior to issuance of a building permit.
2. 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 (March 23, 1999). .
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 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 March, 1998.
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'�' RESOLUTION OF THE CITY COUNCIL
��`9$E Hpg'�'� NO. �I. P�,1 � �'9 � .
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ATTEST:
, ����.w - � l/��
Lirida S. Vee,�City Clerk Gabrie abbour, Mayor
� � �-P�e � .
Prope wners
' STATE OF MINNESOTA ) .
) ss.
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
. March 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.
;�,;`.:T�; CAROLE A.HASEMAN � �
� N07AAYPUBUC-MINNES�JTA ��� ���'- ,-° --''�-��Z�—'--�
'��LA��,: NENNF.PIN COUNTY�' �� �
My C�mmission Es:plres,!an .. .2 i
���..�.��:�.� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this��i day of ��/ � , 199�' before me a Notary Public within
and for said county, personally appeared(���,�/„5 (�n„��.� ,��r;/,�,,, ye%�n,he,����,,�N u�;F�, �
known to me to be the person(s) described in and who executed eh g ing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�••° . CAROLE A HASEMAN
�,�� NOTARY PUBLfGMINNESOTA -
�,� -��-,' HENNEPIN COUNTY N ARY PUBLIC
°����•' My Commission Expires Jan.31,2�00
• .
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'�' RESOLUTION OF THE CITY COUNCIL
. �L`9k'E gpg'�� _ . . NO. .,
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STATE OF NIINNESOTA )
) 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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� � , I�EGA�. DESc;RlPTION: .=�j
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� 4055 ~ :
�,ot port of Lof 4, Lomo Lindo ond the ro ert d�scribed s
follows: P P Y o
That art of Lot 36 includin the occretions th�ereto "Lomo
Linda� which lies easter! �vnd southerl �
Y y of the fo!low�ng
described line: 8eginning ot Q poinf on the Soufh tine of
soid Lot 36 distvnt 200 feet eosterly of the sovfhwest corne�
of soid Lot 36: thence norfherly, vt o right vngle to svr'd
south line, a distonce of 106 feet; thence northeosterly,
deflecfing fo fhe right 58 degrees 00 minutes to the south
line of the north 40 feet of �soid Lo� .36; thence easterly,
vlong the lost mentioned south .line, o distance of 157 feet;
thence northeosterly, deflecting ta the feft 70 de9rees 00
minutes to the shore of Loke Minnetonka ond there ferminQting.
� Which . lies southeosterly of a line described as fotlows:
Commencing ot the southwest corner of soi� Lot 36; #hence
�� eosterly alonq the South line of said �ot 38 a distance of
304.48 feet to on vngle poin t in soid Sou th line ond the poin t
. of beginning of the line to be described; thence deflecting �
left 29 degrees� 26 minu#es 50. 70 feet to the south line of
said Lof 36; thence deflectin� right 13 �degrees 37 minutes 30
seconds 139 feet, more or less, to the shore of Lvke
Minnetonka ond there terminv�irrg, soid Lot 3fi being �
established by fudgemenf entered in Hennepin �County Districr
Court Case Number 449127 ond recorded in Book 550 of
Miscelloneous Records, poge 41 Q.
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