HomeMy WebLinkAboutResolution 3674 (Cr) : O
: �- CITY of ORONO
"SA�� ►�;II roti RESOLUTION OOF THE CITY COUNCIL
'kES110 NO. 7
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 (A) & (B), AND 2;
10.25, SUBDIVISION 6 (B)
FILE #2097
WHEREAS, Patricia A. Guttormson (hereinafter "the applicant") is owner of the
property located at 3315 Crystal Bay Road within the City cf Orono (hereinafter "City") and
legally described as follows:
Lots 2, 3. 4, Wallace's Addition to the Village of Minnetonka Beach and adjoining 5
foot strip of railroad right-of-way. Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for after-the-fact variance to
Municipal Zoning Code Section 10.22, Subdivision 1 (A) and Subdivision 2 to approve
structural repairs to the foundation of an existing detached garage located completely within
the 0-75' setback area where no structures are allowed and variances to Section 10.22,
Subdivisions 1 (A) & (B). 2 and Section 10.25, Subdivision 6 (B) to permit the rebuilding of
a deck to the lake and west side of the existing residence to be placed 44' from the shoreline
where a 75' setback is required and where a 44' setback exists, 7' in front of the average
lakeshore setback line where no encroachment is allowed and where a 7' encroachment exists
and 19' from the rear lot line where a 30' setback is required and where a 19' setback exists.
Both improvements will result in hardcover reductions as follows:
A. 0-75'setback area = 7.830 s.f. (just for area of Crystal Bay Road)
Allowed = 0
Existing = 2.692 s.f. or 34.4%
TRANSFER ENTERED Proposed = 2.519.9 s.f. or 32.2%
KNI` PtNQOUNTITAXPAYERURHardcover reduction of 172.1 s.f. or 2.19%
APR 24 1996
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IA INA,- 6.,
ii�;�M ►'`'1 �O~ RESOLUTION OF THE CITY COUNCIL
9kESii& NO.
B. 7,-250' setback area = 3.200 s.f.
Allowed = 800 s.f. or 25%
Existing = 841 s.f. or 26.28%
Proposed = 711 s.f. or 22.2%
Hardcover decrease = 130 s.f. or 4.06%
No variances required
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2097.
2. The property is located in the LR-1C, Lakeshore Residential Zoning District
requiring 1/2 acre in area or 21,780 s.f. The property consists of 14, 30 s.f.,
adjusted area = 11.030 s.f. (-3.500 s.f. of Crystal Bay Road area).
3. The Orono Planning Commission reviewed this application on January 16, 1996,
and recommended unanimous approval of the variances as proposed based upon
the following findings:
A. The proposed improvements will result in a structural coverage reduction
bringing lot coverage into conformance at 14.6% where 15% is allowed
and 16.1% exists.
B. Hardcover in the 75-250' setback area shall be reduced from 26.28% to
22.2% no longer requiring a variance.
C. The age and condition of the two story garage structure required
structural repairs rather than simple repairs. Applicant's contractor had
obtained the permits to do repair work on garage but soon realized the
need to do the structural repairs to the foundation.
Page 2 of 7
tsiL CITY of ORONO
114,\ 4G� RESOLUTION OF THE CITY COUNCIL
1k sio4 NO. 3 6 74
D. The garage and storage above are the only storage areas on the property
that contains a small residence with two small closets and no basement
area.
E. Deck is deteriorating and unsafe. The deck has been designed so that
access is provided at four doors that open out onto the deck. The
redesign results in a reduction of 172.1 s.f. of deck area.
F. There is a need to retain as much off street parking on this property as
there is no parking on Crystal Bay Road.
G. 3,500 s.f. of City road encroaches the property via a prescriptive
easement.
H. The majority of the lot is located within the 0-75' setback area (7.830 s.f.
in the 0-75'; 3,200 s.f. in the 75-250' setback area).
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
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 Sections listed above to permit the reconstruction
of a deck at the lake and west sides of the existing residence and to approve structural repair
to an existing detached garage subject to the following conditions:
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�O O
t.- CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH��` NO. 3 "
1. All existing hardcover improvements scheduled for removal and as shown on
Page 7 of this resolution shall be completed prior to the footing inspection for
the new construction.
2. Authorities granted by this variance run with the property not with the applicant,
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 (February 12, 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 herself, her heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 12th day of February. 1996.
ATTEST:
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Do ot ---1)/ofizot_. 4,7/.--7} 7 ) j'i
hy llin, CityClerk Edward J. Call i an, Jr., Mayor
tP �e lakn] �' Akitifruntom
Property Owner(s)
Page 4 of 7
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--,,:-A,,,,,_ _ CITY of ORONO
'SA. I�i�IMS G~ RESOLUTION OF THE CITY COUNCIL
�9kESH04, NO. 3 6 7 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
February, 1996, by Edward J. Callahan, Jr. & 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.
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CAROLE A.HASEMAN a ,,
:! ‘ NOTARY PUBLIC-MINNESOTA Notary Public
HENNEPIN COUNTY 6
•••••' My Commission Expires Jan.31,2n00
Page 5 of 7
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==.: �- CITY of ORONO
11''5SI1 �"
�t4 �;��M 0 RESOLUTION OF THE CITY COUNCIL
9keski& NO. 8 6 7 L
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this : ,;,/ day of - t >, I , 199 before me a Notary Public within
and for said county,personally appeared ; ;- , 71 - , IT-,,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.
CAROLE A.HASEMAN _ t `�y • i,/
0NOTARY PUBLIC-MINNESOTA '"
HENNEPIN COUNTY NOTARY PUBLIC
My Commission Expires Jan.31,2n00
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
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
Page 6 of 7
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Page 7 of 7
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RESOLUTION # 3 _
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify
that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of suchoresolution
id Gini C e Minutes of he
on
proceedings of said City Council at a meeting
Februar 12
19_9_6,,, and that the same is a true and correct
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 13th
day of Februar , 19g�
. I s."-2/17-)16/L.66:Lvt...
Dorothy M. It ., City Clerk
(SEAL)
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