HomeMy WebLinkAboutResolution 3740 f
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b. - CITY of ORONO
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���: �G'�' RESOLUTION OF THE CITY COUNCIL
. 9kESH�4�' NO. � "� � Q _.
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (A & B) AND 2
FILE NO. 2142
WHEREAS, Kirtland C. Woodhouse and Angela Woodhouse (hereinafter "the
�applicants") are owners of the property located at 2625 North Shore Drive within the City of
Orono (hereinafter "the City") and legally described as follows:
Refer to Exhibit A attached (hereinafter "the property"); and
WI�REAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (A & B) and Subdivision 2 to permit construction
of a 6' x 18' two story addition with a single story entry addition to be located 42' from the
• shoreline and a single story bay addition at the lakeside of the residence to be located 39.6'
from the shoreline where a 75' setback is required, the west addition will encroach 21' to the
lakeside of the average lakeshore setback line and the bay addition will encroach 23' where the
Code would allow no encroachment, and a hardcover variance within the 0-75' setback area for
new hardcover improvements resulting in 3,9833 s.f. or 20.1% total hardcover where 4,010 s.f.
or 20.25% exists and where none is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FyNDINGS
1. This application was reviewed as Zoning Fil.e #2142.
2. The property is located in the LR-lA, Single Family Lakeshore Residential
Zoning District requiring two acres in area. The property consists of 92,060 s.f.
or 2.11 acres.
• . 3. The Orono Planning Commission reviewed this application on June 17, 1996 and
recommended unanimous approval of the variances as proposed based upon the
following unique findings and hardships:
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CITY of ORONO
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� : G'�' RESOLUTION OF THE CITY COUNCIL
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A. The entire house is located within the 0-75' setback area. �
. B. The proposed improvements will result in a hardcover reduction of 26.7
s.f. or 0.10%.
C. The house is located within the mid-point of a 280+' width property, the
. proposed improvements will have no impact on the lake views of the
adjacent residences.
D. The location of mature vegetation and the topography also minimizes the
impact of the proposed improvement on the lake views of the adjacent
residences.
E. Major portions of the new improvements will be located over existing
• hardcover improvements.
F. Total hardcover on the 2.11 acres property is 14,347.9 s.f. or 15.5% and
is proposed at 14,321.2 s.f. or 15.5%.
G. The City has received no negative comments from the adjacent property
owners.
4. The City Council fmds that the conditions existing on this property are peculiar
to it and do not apply generally to other properly 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.
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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��L. �G'�' 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
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A & B) and 2 to
permit the construction of a two story addition that includes a single story entry addition and
a single story bay addition and grants a lakeshore setback variance of 35.4' or 47.2%, an
,average lakeshore setback variance of 23' for the lakeside bay addition and 21' for the two
story addition, and hardcover variance of 3,983.3 s.f. or 20.1% within the 0-75' setback area.
Approval is subject to the following conditions:
1. Upon application for a building permit, applicants shall provide to the City an
updated survey locating all existing and approved additions.
2. Applicants to obtain a demolition permit for the removal of the boathouse and
deck within the lakeshore yard.
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3. 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 pernut within one year of the date of Council approval, or this variance
will expire on that date (July 8, 1997).
4. 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.
5. 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.
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b. - CITY of ORONO
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���: �G'�' , RESOLUTION OF THE CITY COUNCIL �
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Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 8th day of July, 1996. :
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•ATTEST: i
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Linda S. Vee, Deputy Clerk ward J. Callah , Jr., Mayor '
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STATE OF MINNESOTA ) �
) ss. � �
COUNTY OF HENNEPIN ) I
The foregoing instrument was acknowledged before me on this 8th day of July, �
1996 by Edward J. Callahan, Jr. and Linda S. Vee, Mayor and Deputy Clerk of the City of (
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. .:� f �'�� ����
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Notary Public j
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'•�� � " NOTAR LIC-��IINNESOTA
' °4 N��.a' NE IN COUNTY °'�`• CAROLE A HASEMAN �
�Y Com sion " j � NOTARY PUBIEC-MINNE S O T A �
pires Jan.31,20Q0 '` "
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c +,��«° HENNEPIN COUNTY �
��� My Commission Enpires Jan.31,7n00
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�b. - CITY of ORONO
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��L: �G'�' RESOLUTION OF THE CITY COUNCIL
. �kESH�g' NO. 3 '?'�� � '�
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �s�-�- day of , 199�, before me a Notary Public
,within and for said County, pers ally a peared , q.�l Q, l,(.?o a d ous e .. U n ✓r1q���`e
known to me to be the person(s) described in and w o executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�';'•:1;•;A �LINDA S.VEE r � � U�e,�
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NOTARY PUBLIC-MINNESOTA
Notar Public
e,�a::-.: HENNEPIN COUNTY Y
"�^•�'° My Commission Expires Jan.31,2000
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this :�� day of �t,t� , 199�, before me a Notary Public
within and for said County, personally �ppeared f�-�-f'/��i� (�, (,c�po��duse, U,� �nQ�/",��
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 ,eed.
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Notary Public
�;:-=,. LINDA S.VEE
���-"H�,��� NOTARY PUBLIGf✓�INNESOTA
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`����tf,� Hc\'A'EPIN COUNTY
"��:�° Pei;�Commissien Eapires J2n.31,2000 �
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�b. - CITY of ORONO
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��� �G RESOLUTION OF THE CITY COUNCIL
9�ESH�4 . NO. e� "�' � O ��
Exhibit --
That part of Government Lots 4 and 5, Section 9, Tounship 117. Range 23, described as commencing at the aorth 9�'ter corner of
said Section; thence on a bearing of South (the North line af the Northeast qtiarter of said Section being ass�ed to have a
bearing of North 88 degrees 51 minutes Heat for purpoaes of this description) a diatance of 2878.55 feet; tLence South 70 de-
grees 37 mirrote� 31 seconds East a diatance of 838.42 feet; thence South 67 degrees 19 �inutea 23 seconds 6ast a diatance of
266.25 feet; thence South 59 degrees 05 minutes 30 seconds East a diatnnce of 300.00 feet to the point of beginninS of the
progerty being described; thence continuing South 59 de�eea 05 minutes 30 seconds fiast a distance of 159.15 feet: thence South
26 degrees 36 minutes West to the s}:ore �•`. Lake Hinne*,onY.-: t�+enca N�rthWesterlY along said shora to ita lntarx�tion .+ith a
line dra�+n oouth 32 degrees 16 minutes 30 seconda West from the point of beginning; Lhence North 32 degreee 16 minutea 30 sec-
onds East to Lhe point of beginning, according to the Government survey thereof, and
That �ax�t of Government Lot 4, Section 9, Tamah3p 117. Aenge 23, described ae followa: Commencing at the North quarter corner
of said Section; thence on a bearing of South (the North liae of the Northeast Quarter of aaid-Section bei� ase�ed to have a
bearing of North 88 degreea 51 minutea 47est for piu�poaea of thie deacription) a diatance of 2878.55 feet;.tDeace Sbuth 70 de-
greea 37 minutes 31 aeconds fiest a diatance of 838.42 feet; thence South 67 degroea 28 minutea 23 aeconda teat n di�tance of
266.25 feet to "Point A", said "Point A" being the point of beginning of the property being described, and aleo the point of
beginning of "Line A"; thence South 32 degreeb 16 minutes 30 seconda West along "Line A" to a point on the ehore of Lake
Hinnetonka, and said "Line A" there ending; thence Southeaeterly along said ehore to a point 3�0.00 feet SouL'heaeteriy from
aaid "Line A", said 300.00 feet being measured on n bearing of South 59 degreea 05 minutee 30 seconda fiast from said "Line A": `
thence North 32 degrees 16 minutea 30 seconda East n d�atance of 370 feet to an intereection with a line drnua South 59 degrees
05'minutee 30 seconde Bast from said "Point A"; thence North 59 degreea 05 minutea 30 seconds West to said 'Puint A" at the
point of beginning, fiXC6PT thet part of said above described property lying Northxesterly of the follocring deecribed line:
Commencing at said "Point A"; thence South�59 de�ees 05 mirrutea 3U seconda East a disLanee of 246.74 feet to the point of be-
ginning of the line being deecribed; thence South 34 degrees 54 minutea ?A eeconde f�is�t i.o ,the shore of Lake Hinnetonka, and
.here ending. •
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