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Home My WebLink AboutResolution 3775 �: . _ ,: 7 O� O O � �b. - CITY of ORONO � � � ti '�' RESOLUTION OF THE CITY COUNCIL . �L`9ji'E H2Og'�G NO. 3 °I "� � S A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 FILE #2169 WHEREAS, Michael Renard (hereinafter "the applicant") is the owner of the property located at 1185 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 853, 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 (B) to allow construction of an addition to the existing residence to be located 4' in front of the average lakeshore setback line where the existing residence is located 1 1/2' in front of the setback line and where the code would allow no such encroachment and a variance to Section 10.22, Subdivision 2 seeking approval of a hardcover variance within the 75-250' setback area of 403.7 s.f. or 1.7% for a total ��f 6,147 s.f. or 26.7% where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2169. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists 32,648 s.f. or .75 acres. * Page 1 of 6 " z ' „ � O� • O O � - C ITY of ORONO � b' � � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. `e3 "7 � 5 3. The Orono Planning Commission reviewed this renewal application on September 16, 1996, and recommended approval of the average lakeshore setback variance of 4' and hardcover variance of 1.7% within the 75-250' setback area based upon the following unique findings and hardships: A. The encroachment to the average lakeshore setback is minimal at 4' and will have no negative impact upon the lake views of the adjacent residences. B. The existing residence is located 1 1/2' in front of the average lakeshore setback line. C. The City has received written acknowledgment by both adjacent • neighbors that they have been made aware of the plans for improvement and the City has received no comments from either neighbor. D. Hardcover in the 0-75' setback shall be reduced by 178 s.f. existing at 391 s.f. or 4.04% and proposed at 213 s.f. or 2.2%. E. Proposed total area or size of the residence structure is consistent with the size and areas of surrounding residences on adjacent properties at similar areas. F. The existing bituminous drive and backout apron is required to maintain safe access to the adjacent County Road. G. Structural coverage is proposed at 8.4% where the code would allow 15%. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial • properry right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 � o� � o o � �b- � CITY of ORONO � � � ��L �G'�'� RESOLUTION OF,THE CITY COUNCIL � 9kESH�g' No. 3 '7 '� 5 5. The City Council has considered this application including the findings and recominendations 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. 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 1 (B) approving an average lakeshore setback variance of 4' and a hardcover variance 403.7 s.f. or 1.7% with total hardcover at 6,147 s.f. or 26.7%. This approval is subject to the following conditions: l. Applicant shall complete all hardcover removals�as shown on site plan attached to this resolution as page 6. Hardcover removals consist of 48 s.f. of concrete • pad and 550 s.f. of landscape area with underliner. All hardcover removals to be completed prior to the footing inspection for the new construction by the Orono Building Department. 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 pernut within one year of the date of Council approval, or this variance will expire on that date (September 23, 1997). 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 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. • Page 3 of 6 " � � °� . 0 0 � ��b. - CITY of ORONO � � � � ti �� '�' RESOLUTION OF THE CITY COUNCIL � 9kESH�g' NO. � "7 "r � Adopted by the Orono City Council on this 23th day of September, 1996. A EST: � J orothy M. a in, City Clerk Edward J. C- ahan, Jr., Mayor � O � Property Owner(s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23th day of . September, 1996, by Edward J. Callahan, Jr. & Dorothy M. Ha11in, 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 -U�-�• `` NOTARY PUBItC-MINNESOTA Notary Public ' � :•� .- ' HENNEPIN COUNTY °� ires Jan.31,2�00 .�.� My Commission Exp • Page 4 of 6 , . � O ' V O O • ��b- - CITY of ORONO ,� � � . ti �� '�' RESOLUTION OF THE CITY COUNCIL . � ��kESH�g'� NO. `s3 � "7 rJ � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_�}-�h day of h.,/ , 199�before me a Notary Public within andforsaidcounty,personallyappea ed.�{;��,�"a,.�(�, J�Py�,,.2� 5'. f�P,�,.�./ „yh„ ��c N�;�'e. 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. .�.�.��• CAROLE A.HASEMAN __�� Ll dG '>,=, ` NOTARY PUBLIC-MINNESQU � D� _ `� -' •-.' HENNEPiN C4UNTY �-f' "��-"�-� , �-�•�•' My Commissfon Fxpires Jan.31,2nao 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 PiJBLIC 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 acl:nowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC f Page 5 of 6 �� •. ... Tp�yKAwA �� r. � pA�� (,- - ` , . Ed9 oF 6!lvmineus � t\ ��. ': _ -...N2¢ool,Qa.,w . y �.�-..._- --250' Sefba ck l�ne� � •' J'-lZ9 7//�Cos.•._. ' ,, � . m o\��\� i ��`• a =She � 'c ,. r �14,p\N � �,' Pi . � . �w, � C I � ' N � c4 � � , C �' � � v : • � .� : � �:- w m / :�r` � N M 1 0� / ` ✓ � , ,u°�� 3 / g' � � � � .� , � Z � � •O Z "Sy � -� � j; 3° � O . � 30.o n , � / � � � m � �aro9c ,r to i r �� n �e •• � �� -•. 15•5 do`,. 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