HomeMy WebLinkAboutResolution 3887 r �'�
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'� RESOLUTION OF THE CITY COUNCIL
. ���kE HD��G � NO. �S � � ''� � �
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6;
SECTION 10.22, SUBDIVISION 2; AND
SECTION 10.03, SUBDIVISION 14 (C)
FILE #2214
W�iEREAS, Richard Kozicky and Carmen Kozicky (hereinafter "the applicants")
� are owners of the property located at 2016 Shadywood Road within the City of Orono
(hereinafter "City") and legally described as follows:
All of Lot 3 and Lot 2 except that part described as beginning at the northwesterly
corner of Lot 2; thence south along the west line of Lot 2 to a point 112.65 feet south
• in the northwest corner of Lot 1; thence northeasterly deflecting to the left 110 degrees, .
30 minutes to the shore of Lake Minnetonka; thence northwesterly along said shores of
the northerly line of Lot 2; thence southwesterly along said northerly line to the point
of beginning all in "Gus S. Johnson's Addition", according to the plat thereof on file
or of record in the office of the County Recorder, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
. Zoning Code Section 10.25, Subdivision 6; Section 10.22, Subdivision 2 and Section 10.03,
Subdivision 14 (C) to a11ow an existing residence to add a lake side addition for a new deck
and family room and a street side addition to allow for a new garage and laundry room where
a side yard setback encroachment is required. A structural coverage variance is required and
hardcover variance in the 75-250' setback zone is required. �
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS . . �
� 1. This application was reviewed as Zoning File #2214.
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2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning
District where 1/2 acre in area is required. The property is sewered.
3. The Orono Planning Commission reviewed this application on April 21, 1997,
and recommended approval of the proposed variances based upon the following
unique findings and hardships:
A. The properry is located on Shadywood Road where there is a curve in
the road which makes safe access to the property difficult.
B. The topography of the lot makes ingress and egress difficult due to the
slope of the driveway.
' C. The existing driveway also provides access to the property adjacent on
. • the north.
D. The existing lot does not meet the minimum lot size requirement for the
LR-1C District.
E. The City has received no comments from the property owners notified
of the proposed improvements.
� 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 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 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 variance on the health, safety
and welfare of the community.
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'� RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grant� a side yard variance to allow overhangs to encroach 3' into a required 10' side yard
along the south property line per Municipal Zoning Code Section 10.25, Subdivision 6 to a11ow
for the addition of a garage and laundry along said property line. Further a hardcover variance
in the 75-250' setback area to allow an increase in hardcover where 4,393 s.f. or 45.65% is
e�sting and 2,406.25 s.f. or 25% is allowed. Further a structural coverage variance per Section
10.03, Subdivision 14 (C) to allow 2,693 s.f. or 19.63% rather than 2,837 s.f. or 20.67% where
� 2,058 s.f. or 15% is allowed, subject to the following conditions:
1. Authorities granted by this variance run with the property not with the
, applicants, but are pernussive 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 (April 28, 1998). .
2. 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.
3. 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 Orono City Council on this 28th day of April, 1997.
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A EST:
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orothy . H lin, City Clerk G bn Jabbour, Ma "o
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� G C�� _.� � .
. P operty Owner(s) � � �
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'�' RESOLUTION OF THE CITY COUNCiL
��`q$E Hp4�'G � � �NO. s� � � "� .
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� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
� 1997, by Gabriel Jabbour & 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.
• ` CAROLE A HASEMAN ,� /�'
'"' `` �� NOTAAY PItBLIC-MINNESOTA /%iY..�/iiC./• ,G4��?��
' NENNEPIN COUNTY
��-���•'� My Comm(ssion Expires Jan.31,2no0 Notary Public
•
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'�L ��' RESOLUTION OF THE CITY COUNCiL
� � �kESH�g'� . � NO. � � S "Y �
STATE OF MINNESOTA )
. ) ss. �
COUNTY OF HENNEPIN )
On this ��� day of , 199'7 , before me a Notary Public
tY P Y P ���_�� ti�� a�,�f a
within and for said Coun , ersonall a eared k„� �(G��,�„,�� C �,
known to me to be the person(s) described in and who exec'uted the foregoing instrument, and
acknowledgeci that he (they) executed the same as his (their) free act and deed. �
�e � . CAROLE A HASEMAN ��J� ���
�'�' r` '� NOTARYPUBUC-MINNESOTA � ����J
� ••� ;- ' HENNEPIN COUNTY
,'��MM���• My Commission Expires Jan.31,znoo 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 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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