HomeMy WebLinkAboutResolution 3975 3
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�� �,'�' RESOLUTION OF THE CITY COUNCI L
' . . �`9�fEsH�g'� � . . NO. �S � � �
A RESOLUTION GRANTING VARIANCES �
TO MiTNICIPAL ZONING CODE �
SECTION 10.22, SUBD. 2 AND SECTION 10.24, SUBD. 5(B) AND
GRANTING A CONDITIONAL USE PERMIT
TO MUNICIPAL CODE SECTION 10.03, SUBDIVISION 21(3),
FILE NO. 2288
WHEREAS, Jason Theis (hereinafter "the applicant") is the owner of the
property located at 4108 Highwood Road within the City of Orono (hereinafter "the City") and
legally described as follows: ,
See E�ibit A for legal description (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subd. 2 and Section 10.24, Subd. 5(B) to allow a hardcover
• variance of 25% to allow hardcover to increase to 50%, or 679 in the 75' to 250' lakeshore
setback where 25% is allowed and 34% is existing and a front setback variance of 5' to allow
the addition to be located 30' from the front lot line where 35' is required and 12' is existing
to permit the construction of an attached 697 s.f. tuck under garage with living space above
and a new driveway as shown on Exhibit B. The applicant has also applied for a conditional
use permit to Section 10.03, Subdivision 21(3), to allow grading of land within 5' of the
northwest side property line to construct a driveway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: •
. FINDINGS �
1. This application was reviewed as Zoning File #2288.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 13,437 s.f. •
or .31 acres.
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�� p'�' � RESOLUTION OF THE CITY COUNCI�
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3. The Orono Planning Commission reviewed this application on September 15,
1997 and recommended approval of the proposed variances based�upon the
following fmdings:
1. The zoning lot does not meet lot area or width requirements.
2. The front setback variance will not further encroach on the
street as the existing residence is located 12' from the front lot
line.
3. Grading within 5' from the northwest side lot line will not
adversely affect drainage patterns.
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 tr�c
conditions, light, air nor pose a fire hazard or other 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.
5. The City Council has considered this application including the findings
and recommendations of the Planning Commission, reports by City staff,
comments by the applicants and the effect of the proposed vaziance 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 Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24,
Subdivision 5(B) and a conditional use permit to Section 10.03, Subdivision 21(3) to permit
construction of a 697 s.f. tuck under garage addition with living space above to the existing
residence and new driveway. A hardcover variance of 25% is required to allow 50% in the
• 75' to 250' lakeshore setback where 25% is allowed and 34% is existing and a front setback
variance of 5' to allow the addition to be located 30' from the front lot line where 35' is
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�� �'�' RESOLUTION OF THE CITY COUNCIL.
'. .� � ��kESHOg'� . � . NO. �� � "x .� , �'
required and 12' is existing as shown on Exhibit A. A conditional use permit is required to
allow grading to take place within 5' of the northwest side lot line for the construction of the
proposed driveway. Approval was subject to the following conditions:
1. The applicant must provide a legal document acknowledging the driveway
easement prior to issuance of a building permit as shown on Exhibit B.
2. The grade of the proposed driveway must not exceed an average of 8.2% as
shown on Exhibit B:
3. The side setback requirement of 10' for the proposed addition must be met for
both lot lines.
4. 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
permit within one yeaz of the date of Council approval, or this variance will
expire on that date (October 13, 1998).
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 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. '
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
on the 13th day of October, 1997. . �
A T ST:
. �
Doroth llin, City Clerk Gabrie abbour, Mayo
. •
r erry Owner (s)
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��� �G'�' RESOWTION OF THE CITY COUNCIL
' � �kESH�g' . NO. 's� � � ►�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of
October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City
of Orono, a unicip.a�l�,l��o��� d said instrument was executed on behalf of
o,sw�
the Ci `� ° � /
yV�.. .
tY• .�;f�� N07ARY PUBLIC-t�11NNESOTA
`�,,�;�,�� HENNEPIN COUNTY �/��.
°i `�••�° My Commission Expires Jan.31,20Q0 '�
Notary Public
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
On this `3i� day of �C�-rJ/j�� , 199� before me a Notary Public within
arid for said county, personally appeared Tccso,rv �� P;s . S:h�i'�
• known to me to be the person(s) described in and who executed the fore�instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�"•• • LINDA S.VEE
��V�°' f` �' NOTARY PUBLIC-NIINNESOTA �� ''
'�'`�::�•:
HENNEPIN COUNTY NOTARY PUBLIC
`���•'° Commissfon Ezpires J2n.31,20Q0
STAT
) 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
•
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� I hereby certify .that I have prepared this survey of: �
� That part of Lots 40 and 41 , HIGHWOOD �LAKE MIN�ETONKA, �
Hennepi.n Co. , Minnesota, described as, follows: .
Beginning �at the ne cor.of said Lot 40; thence ` � � /
sw' ly along the se' ly line thereof 151 ft; thence /
deflect right 15° 10 ' 00" a dist: of 27 ft; thence ��a S
s' ly 12 feet to a point on said se' ly line, dis�,ll$7 ' -c�
Z
sw' ly, a� measured along se' ly line ther2�rom said ne c �
, ' s
thence sw ly along said se , ly line �t4 a point 16 . 7 ft ne' ly . � �
from the sw cor of Lot 41 ; thence s' ly 12 ft. to a point on �s '�
,
s
cheR�' ly line of said Lot 41 dist .� 11 .4 ft. ne' ly from the sw � •
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cor. thereof; thence sw' ly along the south' ly line of Lots 41 p.�
o�.
and 40 to�.a po�nt 12 ft. ne ' ly as meas . along said s ' ly line from the �
sw�cor thereof; thence nw'_ly to � a point on �the nw' ly line of --�
�
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La� 40 , �dist. 22 ft. ne' ly from said� sw cor. thereof; thence ne' ly
/ to the nw� cor. of said Lot 40; the,�ce se' ly to the point of
begi�l ing. 2 p�eas + ' � � G /y �'
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