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Home My WebLink AboutResolution 3851 ,. ... � . . � O� O O • b. - C ITY of ORONO � ti . . �L ��,'�' RESOLUTION 03T�HE�CI�TY COUNCIL � �kESH.�4� NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE , SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (C-6) AND S�CTION 10.03, SUBDIVISION 14 (C) FILE NO. 2206 WHEREAS, Elaine Silus and Steve Silus (hereinafter "the applicants") are owners of the property located at 3235 Casco Circle within the City of Orono (hereinafter "the City") and legally described as follows: . Lot 19, Spring Park, also all fllat part of vacated Lakeshore Avenue and of the tract of land lying between said vacated avenue and Lake Minnetonka which lies between the easterly extensions of the northerly and southerly lines of said Lot 19 (hereinafter "the property"); and • � . WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16 (C-6), and Section 10.03, Subdivision 14 (C), to permit removal of the existing residence and construction of a new residence. Per Section 10.56, Subdivision 16 (C-6), the deck for the proposed residence shall be located 8' forward of the average lakeshore setback where no such encroaclunent is allowed. Per Section 10.22, Subdivision 2, hardcover within the 75-250' setback area is proposed at 3,685 s.f. (29.64%) where 3,562 s.f. (28.64%) is existing and where 3,109 s.f. (25%) is allowed. In the 250-500' setback area, hardcover is proposed at 1,208 s.f. (31.23%) where 1,429 s.f. (36.95%) is existing and where 1,160 s.f. (30%) is allowed. Per Section 10.03, Subdivision 14 (C), structural coverage is proposed at 3,435 s.f. where 2,510 s.f. is existing and 3,363 s.f. (15%) is allowed. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS � 1. This application was reviewed as Zoning File #2206. Page 1 of 5 � . � � . z � O� O O • ��b. - CITY of 4RON0 � ' F '�' RESOLUTION OF THE CITY COUNCIL ��kE Hp��G NO. e� � 5 � � S 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The total lot area is 22,420 s.f. (.51 acres) in area. 3. The Orono Planning Commission reviewed this application on February 18, 1997 and recommended approval of the proposed variances based upon the following � findings: A. The proposed residence conforms to side yard setbacks and height � � requirements. B. The proposed residence seeks to preserve a mature hackberry tree located at the street side of the property. • C. The proposed residence�reduces overall hardcover (5,004 s.f. existing; 4,893 s.f. proposed). D. The proposed residence more closely conforms to the average lakeshore setback than the existing residence. E. The proposed design (one-story) will minimize the visual impact of siructure on a lot that is substandard in lot width. F. The City has not received any negative comments from the adjacent property owners notified of this application. � 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 traffic 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. • Page 2 of 5 � y � °� . 0 0 • � ��b. - C ITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL ��`9kE p4�'G � - NO. 3 � 5 l - SH . 5. The City Council has considered this application including the findings and recommendations of the Planriing Commission, reports by City staff, comments by the applicants and the effect of the proposed variances 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, Section 10.03, Subdivision 14 (C), and Section 10.56, Subdivision 16 (C-6), to permit removal of an existing struciure and construction of a new residence to be located 8' in front of the average lakeshore setback line, hardcover variance in the 75-250' setback area of 576 s.f. or 4.64% and a 48 s.f. or 1.23% variance in the 250-500' setback area, and structural coverage variance of 72 s.f. or .32%. Approval was subject to the following conditions:. • 1. All hardcover improvements scheduled for removal shall be completed as shown . on the approved survey and shall be completed prior to the footing inspection for new construction, except that the storage area in the existing garage may be used during construction. The existing garage/storage area shall be removed prior to the issuance of a Certificate of Occupancy. 2. 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 year of the date of Council approval, or this variance � will expire on that date (March 10, 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 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 � °� . 0 0 � t � • ��b. - C ITY of ORONO : ,� , �., . . , ti . �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�4� NO. � � 5 � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the lOth day of March, 1997. AT ST: . - ° . . r thy M. al in, City Clerk Gabriel Jabbour, Mayor �,�.1� � � Property Owner (s) STATE OF MINNESOTA ) ) ss. . • COUNTY OF HENNEPIN ) � � � The foregoing instrument was acknowledged before me on this lOth day of March, 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. . '"'• CAROLE A HASEMAN ��'r�l��i��,�,/ r` NOTARYPU$UGMINNESOTA � HENNEPIN COUNTY Notary Public ''',.•• . MYCommiSStonExpfresJan.31,2�00 s / • Page 4 of 5 � °� � o o . � ��b. - CITY of �RONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��kE H�g'�G NO. � � 5 "1 . � S STATE OF MINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) . On this ��-�'� day of IL(�r�� , 199 7 , before me a Notary Public � within and for said County, personally appeared �(��N� 5;1„�,�. S�PVe S;l��g �� n �1��hd 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. _�.��•. CAROLEA.HASEMAN ` NOTARYPUBLIC-MINNESOTA �1��1 � �i1�1 HENNEPiN C4UNTY '�,••• �qy Cortimiss{pn Fjcpires Jan.31,2�►00 Notary Public • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally apgeared 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 � • Page 5 of 5