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Home My WebLink About1989-09-11 Resolution 2694City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2694 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 FILE #1432 WHEREAS, Julia R. Whitney (hereinafter "the applicant") is the owner of the property located at 4470 Forest Lake Landing within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1472, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of an addition to the existing residence, requiring a variance to allow encroachment past the average lakeshore setback line where no encroachment is normally allowed, and a variance to allow hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1432. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 21, 1989, and recommended approval of the proposed variances based upon the following findings: A) The entire existing house encroaches past the average lakeshore setback line. The proposed addition is at the opposite end of the house from the lake, and will not extend the house closer to the lake than what currently e) sts. No significant lake views enjoyed by neighboring roperty owners will be encroached upon by the proposed addition to the residence. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2694 B) Existing hardcover in the 0-75' lakeshore setback zone is 0%. Existing hardcover in the 75-250' lakeshore setback zone is 33.8%. As a result of the proposed addition and driveway reconstruction, hardcover in the 75-250' zone will decrease to 31.7%, a decrease of 309 square feet. The decrease in hardcover is considered a benefit to the property and to the neighborhood in general, as well as being beneficial to Lake Minnetonka. Due to the topography and configuration of the property and neighboring properties to the north, the driveways which comprise a substantial portion of the 31.7% hardcover to remain is necessary to maintain access to the property. 4. 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 variances on the health, safety and welfare of the community. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of an addition to the existing residence, granting a variance for encroachment past the average lakeshore setback line where no encroachment is normally allowed, and granting a variance to allow 31.7% hardcover in the 75-250' zone where only 25% hardcover is normally allowed, subject to the following conditions: Page 2 of 5 0 City of ORONO RESOLUTION OF THE CITY COUNCIL NO 2694 1. Hardcover on the property shall be allowed as follows: 0-75' zone = no hardcover 75-250' zone: House + Addition = 1,059 s.f. Garage 550 s.f. Dog run = 230 s.f. Decks, stairs, stoops, landscaping, sidewalks, etc. = 622 s.f. Driveway = 2,238 s.f. Total 4,699 s.f. or 31.7% (area in 75-250' zone = 14,801 s.f.) 2. The property owner is advised that any future proposals to increase hardcover on the property will nct be approved, however, any future proposal to increase hardcover on the property might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover percentage on the property. 3. Applicant shall adhere to the site plan attached to this resolution as Exhibit A. 4. Authorities granted by this resolution 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 this variance will expire on that date (September 11, 1990). 5. 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2694 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of September, 1989. operty Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LV %-J L M y r 4A L AIMIE K. SCHEFFLER O U DVIIIC - MINN1SOTA t.,v* HENNEPIN COUNTY .r :.. expirN6.93 My commission — — My Commission Page 4 of 5 IN City of OHONO RESOLUTION OF THE CITY COUNCIL NO. 2694 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 1414 - day of Sgemnax , 1989 before me a tary &blic w'th'n and for said county, personally appeared known to me to be the person(s) described in ana who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. PUBL COMMISSI STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) LAURIE SCHEITLER N01A01 NILIC - MINNESOTA HENNEPIN COUNTY MY commuuon •xwr•s6-8.93 On this day of , 198 , 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 MY COMMISSION EXPIRES Page 5 of 5 . • iNOlS —� n � F • i Y� r 1 i y i 'V4b m/ , I � pt, •f y; r`• S Q f ; q I 'o ilu � /y ,1II• P� yW� — 04b A^ i Z � T 15 •.