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Home My WebLink AboutResolution 3903 i.'r �� O� � O O �� b. - � C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCI� ��.kE o4�� . rvo. � � 0 3 � SH � A RESOLUTION GItANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.24, SUBDIVISION 5, � � SECTION 10.22, SUBDIVISION 1 (B) ANID 2 AND SECTION 10.56, S�JBDIVISION 16 (C-6) FILE NO. 2221 WHEREAS, Sven A. Wasberg and Arlene DeCandia (hereinafter "the applicants") are the owners of the property located at 3115 North Shore Drive within the City � of Orono (hereinafter "the City") and legally described as follows: . . Tracts A and B, Registered Land Survey No. 269 files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.24; Subdivision 5, Section 10.22, Subdivision 1 (B) and Subdivision 2, Section 10.56, Subdivision 16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to remove an e�sting residence to construct a new residence. A variance for lot area to allow 19,140 sq. ft. (.439 dry acres buildable) where 43,560 sq. ft. (1 acre) is required. A lot width variance is required to allow 80' of lot width where 140' is required. A side yard variance to allow a 4' and 6' side yard as shown on the revised plan dated 5-12-97 as revised is required. An average lakeshore setback variance is required to encroach forward of the average lakeshore setback as shown on the plan dated 5-12-97 as revised and a lakeshore setback variance is required to locate 54' from the shoreline where 75' is required. A hardcover variance in the 0-75' setback is required to allow 5,407 sq. ft. of hardcover where 6,297 sq. ft. is e�cisting and none is allowed (The entire site, with the exception of a small corner of the property, is located in the 0-75' setback from the lagoon and Lake Minnetonka). A conditional use permit for excavation/fill in 0-75' setback is also required. ,...>>y.. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 • \ • , ` � \� . ' � O� O O � ��b. - C ITY of ORONO � ' ti . . '�' RESOLUTION OF THE CITY COUNCIL �L�kE H�g'�G � NO. :� � 0 3 � � S � FINDINGS , , 1. This application was reviewed as Zoning File #2221. � . � 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. 3. The Orono Planning Commission reviewed this application on May 19, 1997 and � recommended approval of the proposed variances based upon the following � unique findings and hazdships: . A. The property does not meet the minimum requirements for lot area, lot width and side yards in the LR-1C Zoning District. B. The current residence is unoccupied and deemed uninhabitable by the • property owner. C. The entire site, with exception of a small area in the northeast corner, is located in the 0-75' setback from the lagoon and Lake Minnetonka. � D. The lot does not meet average lakeshore or lakeshore setbacks; the proposed residence will conform more closely to the setbacks. E. The proposed residence reduces the total amount of hardcover. 4. 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 o.ther 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. . • Page 2 of 5 , �� , � O� O O • ��b. - CITY of ORONO � � ' ti RESOLUTION OF THE CITY COUNCIL G . �`9k'ESHOg'� � NO. e3 � o e� �:, . � . 5. � The City Council has considered this application including the findings and recomtnendations 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances for lot area, lot width, side yards, lakeshore and average lakeshore setbacks and hardcover in the 0-75' setback area and grants a conditional use permit for excavation/fill in the 0-75' setback and floodway/flood fringe area per Municipal Zoning Code Section 10.24, Subdivision 5, Section 10.22, Subdivision 1 (B) and Subdivision 2, Section 10.56, Subdivision 16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to permit removal of an existing residence and construction of a new residence, subject to the following conditions: • 1. Applicant's architect to provide large scale drawing showing grading, elevations and setbacks. 2. A permit will be obtained from the Minnehaha Creek Watershed District. � 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 pernut within one year of the date of Council approval, or this variance will expire on that date (May 27, 1998). 4. Violation of or non-compliance with any of the terms and conditions of tlus variance shall constitute a violation of the zoning code, shall automatically � ' � � terxninate any authority granted herein, and shall be punishable as a misdemeanor. 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. • Page 3 of 5 ., , � � O� O O � ��. - C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL �L`9$E p4��'G � . � . NO. � � O�� SH Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of May, 1997. A EST: �� , ' . orothy M H lin, City Clerk . . Gabriel bbour, Mayor � � . - ��'v'-�.-Q e� Property Owner (s) � / STATE OF MINNESOTA ) . • } ss. . . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of May, � � 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instn�ment was executed on behalf of the City. i • •M�• dAMIE L GEMAR Notary 'u,lic :„• : ' NOTARYPU$1iCrl4pNNfSOTA • ' HH�l�84N C04J�1TY . s • My Cort�Sion E�hes Jan.31.200D � . �FM . • � Pa e4of5 g _� �_ � �e ' , , , . � O� . O O '� ��e. - C ITY of URONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL . ��`�kE Hp4��'� . NO. • � S . STATE OF MINNESOTA ) � . ) ss. � � . . COUNTY OF HENNEPIN ) . . On this � day of �r , 199�, before me a Notary Public within and for said County, personally eared known to me to be the person(s) described in and who executed the foregoing instrusnent, and acknowledged that he (they) executed the same as his (their) free act and deed. Mm M �i0 � IN1JY1� �F"I�E��M1�(�jy'� � �//i'IYN�"„�4� . • ��"'• � . . • •• �y��r�,lan.3�,2ppp Nota� blic ti1MM��• ��,�.:.�...r..:f`.�" it' STATE OF MINNESOTA ) � • ) ss. � , COUNTY OF HENNEPIN ) On this n-I-�h day of .�u h � , 199'1 , before me a Notary Public within and for said County, personally appeared Su P�, Q . G�i;sbt�-�, n�a rr�� known to me to be the person(s) described in and who executed the �oregoing instrument, and ' acknowledged that he (they) executed the same as his (their) free act and deed. , /i h�n� C.P• .�lQ Notary Public ° '�,.; CAROLE A.HASEMAN :NOTARY PUBI.lC-MINNESOTA `'.,.... H�NVEPIN C4UNTY � • MY Cornrtdssbn ExpiroS Jan.31,2�00 • Page 5 of 5 .