HomeMy WebLinkAboutResolution 3731 �•� - ,
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (B) and 2
FILE NO. 2133
WHEREAS, John P. Spooner and Karla B. Spooner (hereinafter "the applicants")
,are owners of the property located at 1385 Orono Lane within the City of Orono (hereinafter
"the City") and legally described as follows:
Refer to Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the removal of a lakeside deck
to be replaced by a grade level granite patio and the installation of a 4' x 6' concrete pad at
• the southeast corner of the residence. The lakeside deck is located 26' from the shoreline, the
proposed grade level patio will be 40' and the cement pad 50' where the Code would require
a 75' setback. The comprehensive improvement will result in 3,851 s.f. or 15.8% hardcover
within the 0-75' setback area where 4,140 s.f. or 17.04% exists and where none is allowed.
NOW, THEREFORE, BE IT RESOI,VED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2133.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District requiring two acres in area. The property consists of 50,840 s.f.
or 1.2 acres.
3. The Orono Planning Commission reviewed this application on May 20, 1996 and
recommended unanimous approval of the variances as proposed, based upon the
following unique findings and hardships:
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A. The 70 year old residence structure was built before current standards for
lakeshore development. �
B. The present deck is unsafe and in need of repair.
C. The proposed improvements will result in reduced hardcover and
, improved lakeshore setbacks for the proposed accessory structures in the
� lakeshore yard.
D. The 4' x 6' cement pad will provide minunal space for use of an outdoor
cooking grill to be located 50' from the shoreline. .
E. Approximately half of the area of the 1.2 acre properly is located within
the 0-75' setback area where no construction is allowed.
• F. The pxoperty is surrounded by lakeshore on both the south and east sides.
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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; 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 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, Subdivisions 1 (B) and 2 to permit
• construction of a grade level granite patio and a 4' x 6' cement pad at the southeast corner of
residence, subject to the following conditions:
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1. Applicants shall be responsible for providing appropriate erosion control at the
lakeside of the residence prior to the removal of the deck and that erosion .
control shall remain in place until entire disturbed area is restored to natural
groundcover.
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 tlus variance �
will expire on that date (June 10, 1997).
3. 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.
• 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.
Adopted by the City Council of the City of Orono, Minnesota at a regular
ineeting held on the lOth day of June, 1996.
AT E T:
,
orothy M. in, City Clerk dward J. Cal an, r., ayor
Property Owner (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth day of June,
1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the
•CiTy.
,,r��,, LINDA S.VEE .
'�%' "` � NOTARY PUBUC-t�11NNESOTA (� � � ���
:,�:���. _ � HENNEPIN COUNTY �� � � V
�� My Commission FxP�res�an•31,2000
Notary Public
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
• On this g�h day of ��,r �u , 199�before me a Notary Public within
and for said county, personally appeared 1CG r/a (3 , S'p o o n e r� �'yJa r r�'��
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.
s LINDA S.VEE �
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�V'' `` ' NOTARY PUBLIC-MINNESOTA L�� ic' • �.�_
',� :'.: HENNEPINCOUNTY
�-���•' My Commission Expires Jan.31,2000 NOTARY PUBLIC
STATE OF MINNESOTA ) '
) ss.
COUNTY OF HENNEPIN )
On this 9T-� day of T�`v , 199� before me a Notary Public within
and for said county, personally appeared Jo HN P. SPr3c�N c k. . M R 2�I CD
known to me to be the person(s) described in and who executed the foregoing instrument, and
acicnowledged that he (they) executed the same as his (their) free act and deed.
� AOLANDII L ROSE y C��./y�,� (� • 7�-�'p...er
� ������7� , NOTARY PUBLIC
w�sHiNa'roN cout�rr�r
• MyCommisslon Exp�eaJan.31�2000
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�EXHIBIT A .
LEGAL DESCRIPTIO�� OF PREMISES:
Lots 1 , 2, and 3, and accretions and relictions thereto, and that part of the vaca,ted street,
all in "Homes on Brown' s Bay", and that part of Government Lot 3, and accretions and relictions
thereto, in Section 2, Township 117, Range 23, all described as commencing at the Northwe5t '
corner of Lot 3, in "Homes on Brown' s Bay"; thence southeasterly along the Northerly line of
Lots 3, 2. and 1 in "Homes on Brown' s Bay" a distance of 267 feet; thence deflecting to the
left �106 degrees 03 minutes a distance of 41 .55 feet ,to the Northerly line of "kiomes on Brown's
Bay" to the point of �beginning; thence deflecting to the right from the Northerly Ifne of
"Homes on Brown's Bay" 16 degrees 30 minutes a� distance of 31 .35 feet;• thence deflecting to
the right 31 degrees 15 minutes to the shore of Lake Minnetonka; thence soutfierly and westerly
along the shore of Lake Minnetonka to its intersection with tbe extension of the 41est line of
Lot 3 in "Homes on Brown' s Bay"; thence north along the extension of the West line of Lot 3 �
in "Homes on Brown's Bay" and north along the West line of Lot 3 and its extension, in "Nomes
on Brown's Bay", to the nortderly line of "Ftomes on Brown's Bay"; thence southeasterly along .
the Northerly line of "Homes on Brown's Bay" to the point ot' beginning. ,
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