HomeMy WebLinkAbout1995-02-27 Resolution 3535f
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 r,?5
A RESOLUTION GRANTING VARIANCES
TO A1IL:N'ICIPAL ZON NG CODE
SECTION 10.03, SUBDIVISION 14 (C),
SECTION 10.22, SLBDIV-: S cONS 1 (B) AND 2
FILE NO. 1954
Ni11EREAS, Robert L. Wolff and Velma A. Wolff (hereinafter "the applicants")
are the owners of the property located at 4450 Forest Lake Landing within the City of Orono
and legally described as follows:
Lot 11, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for variances to the Municipal
Zoning Code to permit construction of a 5' x 26' principal structure addition and a 5' x 26'
lakeside expansion of an existing deck requiring approval of the following variances:
1) Section 10.03, Subdivision 14 (C) - Lot coverage/structural variance.
Allowed = 1,587.9 s.f. or 15%
Existing = 2,052 s.f. or 19.3%
Proposed = 2,157 s.f. or 20.3
2) Section 10.22, Subdivision 1 (B) - Average lakeshore setback.
Allowed = 0'
Existing principal structure = 23'
Proposed principal structure = 28'
Existing deck = 35'
Proposed deck = 40'
3) Section 10.22, Subdivision 2 - Hardcover within the 75-250' setback area.
Area = 6,761 s.f.
Allowed = 1,690 s.f. or 25%
Existing = 3,513 s.f. or 51.9%
Proposed = 3,069 s.f. or 45.3 %
Hardcover reduction = 444 s.f. or 6.5%
Page 1 of 6
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Minnesota:
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 3 S
NOW, THEREFORE, BE IT-1ESOLVED by the City Council of Orono,
FINDL\GS
1. This application was reviewed as Zoning File #1994.
2. The property is located in the LR-lB Lakeshore Residential Zoning District
requiring one acre in area. The property consists of 10,586 s.f. or .24 acres.
3. The Orono Planning Commission reviewed this application on February 22, 1995
and recommended unanimous approval of the variances as amended, based upon
the following unique findings and hardships:
A. The City has received no negative comments from the neighbors to either
the north or south. The structure will have a minimal impact on the
residence to the south. The residence to the north will not be impacted
by ,.,e addition because of the 45° angle at the side.
B. The residence was constructed prior to the current lakeshore, shoreland
standards.
C. The property does not meet the current standards of the LR-1B zoning
district requiring one acre in area. The subject property consists of
10,586 s. f. The required lot width is 140' . The average width of the
subject property is 54' .
4. 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 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial property
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
Page 2 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 35Iq53
5. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Sections noted above that would permit the
construction of a 5' x 26' addition to the lakeside of the existing residence and a matching 5'
x 26' extension to the lakeside of the existing deck approving an intensification of a portion of
a structure that encroaches the average lakeshore setback line by 28', lot coverage variance for
an intensification of structure where excesses of 461.1 s. f. or 4.3 % exists and a hardcover
variance within the 75-250' setback area of 1,379 s.f. or 20.3%, subject to the following
conditions:
All hardcover removals as shown on Page 6 of this resolution shall be removed
prior to the framing inspection for the new construction. Applicant shall contact
Building staff to confirm hardcover removals.
2. Authorities granted by this resolution 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 (February 27, 1996).
Violation of or non-compliance with any of the terms and conditicns 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.
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.
Page 3 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 352
Adopted by the City Council of the Ci:v of Orono, Minnesota at a regular meeting
held on the 27th day of February, 1995.
ATWEST:
M. \ 1 n, City Clerk Edward J. Callahan, Jr., �viayor
11 ) -
(" , f4il /(A�& -
Pro erty Owner (s)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 27th day of
February, 1995 by Edward J. CaIlahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
4 _
Page 4 of 6
I- W* NM O..
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
N0. 8 5 �; 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this je= day of , 1993- before me a Notary Public within
and for said county, personally appeared 9,4,TA'
known to me to be the person(s) described in and who executed the fdreigoing instrument,*and
acknowledged that he (they) executed the same as his (their) free act and deed.
LeWomJAMIERl B
WbtJKf.M NO. PUBLIC .�
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
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
Page 5 of 6
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