The URL can be used to link to this page

Home My WebLink AboutResolution 3926 �' . .. ..Y..vAµ� 1 � O� • O O ��b. - C ITY o� ORONO _ � � �� G'� RESOLUTION OF THE CITY COUNCIL . �`�kEsxo�`'� rvo. 3 9 2 6 � A RES�I.�J'�CI�N G�tA1oTTING ��tI�C�S TO �I�YPAI. ZONIlfdG COD� �ECTY01�1 1�.2�, �IJ�1)�ISION 5 �1D � . S�CT�ON 10.22, SU�3DNISIOI�TS 1 AN� 2 AP+TD A COI�ITIOIVAI. USE P��RIVIIT PLIt S�CTIOl� 10.55 �TD 10.56, S�I2I�SI�I� 14 F1tLE 11oTT0. 2248 � V�I�I8EA5, David Rahn and Jodi Rahn (hereinafter the "applicants") are the owners of the property located at 1385 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 23, and all that part of Lots 15 and 22, and adjacent vacated alley, Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, lying Southerly of the following- . described line: Beginning at a point on the Southeasterly line of said Lot 15, distant 75 feet Northeasterly from the Southeasterly corner of said Lot 23; thence Northwesterly to the Southeasterly comer of said Lot 22; thence Northwesterly on a line forming an angle of 74 degrees 55 minutes with the Easterly line of said Lot 22, to the shore of Lake Minnetonka, and there ending (hereinafter the "property"); and VVI-�REAS, the applicants have applied to the City for variances from Municipal Code Section 10.24, Subdivision 5 and Section 10.22, Subdivisions 1 and 2 to allow additional structure to be added to an existing residence. Variances for side yard setback to allow a south side yard setback of 5.3' where 10' is required, hardcover in the 0-75' setback to increase from 609.25 sq. ft. (9%) to 1,320.75 sq. ft. (19%) where none is allowed, and lakeshore setback to allow the addition to encroach into the 75' setback the same distance as the existing residence are required. A conditional use permit for land alteration in the 0-75' setback and floodplain is required. NOVV, T��FORE, �� IT RESOLV�� by the City Council of Orono, � Minnesota: � � � �Il�Il�T�S • 1. This application was reviewed as Zoning File #2248. Page 1 of 4 . . .�t�, ' � O� • O O ��b. - C ITY of ORONO � ti � '�' RESOLUTION OF THE CITY COUNCIL '� G � ��kESH�g'� ^� Na �� 9 2 g 2. The properiy is located in the LR 1B Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. . 3. The Orono Planning Commission reviewed this application on June 16, 1997 and recommended unanimous approval of the proposed variances and conditional use permit based upon the following unique findings and hardships: a. The zoning lot does not meet minimum lot area, lot width or side yard requirements. b. The existing structure conforms to the average lakeshore setback but does not meet the 75' lakeshore setback. . . c. The topography of the zoning lot is within the floodplain in the middle of • � � the zoning lot. d. The Zoning Code allows 15% lot coverage. e. The existing hardcover in the 0-75' setback is 609.25 sq. ft. (9%). 4. The Council fmds that the conditions e�sting 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 properties, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or diff'iculty; is necessary to preserve a substantial properry 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. �'he City Council finds that granting a conditional use permit to allow land. alteration in the 0-75' setback and floodplain will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properry, nor will its use depreciate sunounding property values and that the proposed level of use of the properry will be in keeping with the intent and objectives of the Zoning Code and • Com�rehensive Plan of the Ciry. Page 2 of 4 •- • •�':. � O� . • O O �b. - CITY of ORONO � � . '�' RESOLUTION OF THE CITY COUNCI� . � ��`qx-E Hp4�'G NO. �3 9 � fi � S COl'�CI,�J�IOI�TS, O�E�AI\T� C�1�TDI�IOl�TS Based upon one or more of the above findings, the Orono City Council hereby grants variances for hardcover in the 0-75' setback to increase from 609.25 sq. ft. (9%) to � 1,320.75 sq. ft. (19%) where none is allowed, to allow a side yard variance for the second story to be located 5.3' from the south property line where 5.3' is existing and 10' is required, and to allow-a lakeshore setback at the same distance from the shoreline as the existing residence where 75' is required per Municipal Zoning Code Sections 10.24, Subdivision 5 and Section 10.22, Subdivisions 1 and 2; and grants a conditional use permit for land alteration in the 0-75' setback � and floodplain per Section 10.56, Subdivision 10 and Section 10.55 to pernut an addition to an ' existing structure located within the lakeshore setback on a zoning lot that includes floodplain, subject to the following conditions: � 1. No new hardcover shall be allowed in the 0-75' setback. Further, any new hardcover in • the 75-250' setback shall be reduced by the amount of hardcover in the 0-75' setback. 2. �'.uthorities granted by this resolution run with the property not with the owners, but are �ermissive only and must be exercised by application for a building permit and land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (July 14, 1998). 3. Violation of or non-compliance with any of the terms and conditions 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 then�selves, their heirs, successors and assigns, hereby agree � � � . to the recording oi this resolution in the Chain of Title of the properry. • , Adopted by the Orono City Councii on this 14th day of�uly, 1997. . A ST: ! � . " . �orothy M. al in, City Clerk �abrie Jabbour, 1VSayor � ��_�i�--- Property Owner(s) - �age 3 of 4 . ._ . :�, . � O� � O O ��b. - CITY of ORONO . � ' ti '� RESOLUTION OF THE CITY COUNCIL �L`9.$E p4�'G NO. � 9 � s � SH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . � . The foregoing instrument was acknowledged before me on this 14th day of July, 1997 by Gabriel Jabbour 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. `Q'tNf� LINDA S.VEE , /� � �,��`�` ' NOTAAY PUBLIC-��11NNESOTA �� ; HENNEPINCOUNTY �� .�.••° My Commission Expires Jan.31,2000 otary Public STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this a'�-� day of ��,t �V , 199 7 , before me a Notary Public witl�in and for said County, personally appeared �avr`a( ��c�h , ��ar r��e _ � known to me to be the person(s) described in and who executed the foregoing instrument, and acknowled ed that he the executed the same as his (their) free act and deed. ��•. LINDA S.VEE :�" `` � NOTARYPUBLIC-MINNESOTA • ','� :- : HENNEPINCOUN?Y •�••••r My Commission Ezpires Jan.31,2000 Notary I'ublic STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this a�� day of �G{ �� , 199 '7 , before me/a Notary Public within and for said County, personally appeared J D�i /��chn, /J'�Q/'�"��d - known to me to be the person(s) described in and who execute the foregoing instrument, and � acknowledged that he (they) executed the same as his (their) free act and deed. � ��.;`.`�•. LINDA S.VEE �� i �� NOTARY PUBLIC-��IINNESOTA ;�� •.'",� HENNEPINCOUNTY Notary Public `��°` My Cammission Expires Jan.31,2000 Page 4 of 4�