HomeMy WebLinkAbout1990-01-22 Resolution 2751City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2'751
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1
FILE #1484
WHEREAS, Roxanne Stasik (hereinafter "the applicant")
has an interest in the property located at 4470 Forest Lake
Landing within the City of Orono (hereinafter "City") and
legally described as Tract B, Registered band Survey #1472,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 to
permit the construction of a new foundation under the existing
portion of the principal residence on the subject property. The
existing structure is located approximately 40-45' in front of
the average lakeshore setback line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1484.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on January 16, 1990, and recommended unanimous approval of
the proposed variance based upon the following findings:
A) The average lakeshore setback for the property has
been established by the location of the existing
residences on the adjacent properties. Such residences
are located within substandard street setback areas;
the west lot at 8' and east lot at 221.
B) On September 11, 1989 the City Council approved an
average lakeshore setback variance for an addition to
the rear of the existing structure finding no visual
impact upon the adjacent residences.
C) None of the affected property owners has submitted
any objection to the proposed average lakeshore setback
variance.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. "751
D) The relocation of the present structure behind the
average lakeshore setback line would create a major
impart on the property to the west and the ability of
the owner to reach the garage at the rear of 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 variance 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
variance 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 a variance to Municipal Zoning
Code Section 10.22, Subdivision 1 to permit the total replacement
of the foundation under the existing residence, subject to the
following conditions:
1. All conditions of resolution #2694 that granted approval
of the variances to the average setback line and excessive
hardcover within the 75-250' setback area for the addition
to the rear or the existing residence remain in effect for
this current variance review and they are as follows:
A) Hardcover on the property shall be allowed as
follows:
0-75' Zone = 0 s.f.
75-250' Zone (area = 14,601
House + Addition
Garage
Dog Run
Deck/Stairs/Stoops/
Landscaping/Etc.
Driveway
TOTAL.
s.f.).
1,059 s.f.
550 s.f.
230 s.f.
622 s.f.
2,238 s.f.
4,699 s.f. or 31.7%
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -751
A) The property owner is advised that any future
proposals to increase hardcover on the property will
not be approved, however any future proposals 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.
C) Applicants shall adhere to the site plan attaches
to this resolution as Page 6 (also referred to as
Exhibit A attached to Resolution 02694).
2. 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 (January 22, 1991).
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 applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
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 22nd day of January,
1990.
ATTEST:
Z � ;-/,, " 0. . 0 �' Sze,
Dorothy M. Hallin, City Clerk . C lahan, Jr.,
Acting May )
operty Owner(s) 1
Applicant(s)
Page 3 of 6
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO, 2751
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 22nd day of January, 1990, by Edward J. Callahan, Jr. &
Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
Notary Public
My Commission Expires
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
MY COMMISSION EXPIRES
Page 4 of 6
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
,751
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 (thev) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of r 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
MY COMMISSION EXPIRES
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