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Home My WebLink AboutResolution 3631 . . .. .... � ... .. .. . . . :,Y ' E ,� � O� � O O • �b. - CITY of ORONO . � ' ti . '�' RESOLUTION OF THE CITY COUNCIL ��kE H�g'�� NO. � C � 1 S . A RESOLUTION APPROVING � RENEWAL VARIAl`TCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 (A) AND SUBDIVISION 2 . FILE #2061 T WHEREAS, S. Arne Wasberg and A. M. Decandia (hereinafter "the applicants") are the owners of the property located at 3135 North Shore Drive within the City of Orono , (hereinafter "City") and legally �escribed as follows: Tract A, Registered Land Survey No. 1113, Hennepin County, Minnesota (hereinafter "the property"); and • . _ WfIEREAS, the applicants have reapplied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to pernut construction of a two story addition and upper level deck that would extend 27' from the shoreline of the adjacent lagoon where a 75' setback is required and where the existing structure encroaches 27' from that shoreline, and a variance to Section 10.22, Subdivision 2 as hardcover within the 0-75' setback area is proposed at 3,195 s.f. or 10.6% and where 3,694 s.f. or 12.3% exists and none is allowed, and in the 75- 250' setback area hardcover exists at 5,131 s.f. or 37.8% where 25% is allowed and where 3,242 s.f. or 23.9% is proposed requiring no variance approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS . 1. This renewal variance application was reviewed as Zoning File #2061. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 43,560 s.f. in area. The property consists of 43,529 s.f. • Page 1 of 6 . � , ......_. , . :} � �TO� • O O . �b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��kE o��L No. S 6 31 , SH 3. The Orono Planning Commission reviewed this application on October 16, 1995 and recommended approval of the renewal variance application as proposed, based on the following unique findings and hardships: A. 80% of the total property is unbuildable. B. The original structure was placed on property in 1973 prior to current lakeshore setback standards. C. The majority of the existing house is located within the 0-75' setback area. D. The interior lagoon connected to main lake by a dredged channel is considered part of the main lake placing greater setback restrictions on buildin� envelope. • E. The cunent proposal involves decreases in hardcover within the 0-75' and - 75-250' setback areas as follows: In the 0-?5' setback area there is a 499 s.f. or 1.7% reduction and in the 75-250' setback area there is a 1,889 s.f. or 14% reduction. 4. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in tlus 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 Ciry. 5. The Ciry Council has considered this renewal application including the findings and recommendations of the Planning Commission, reports by City staff, commerits by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. • Page 2 of 6 , , ,. .. � � O ' V • O O �b. - CITY of ORONO � . ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. e� G c`� 1 CONCLUSIONS, ORDER AND CONDITIONS . Based upon one or more of the above fmdings, the Orono City Council hereby approves a setback variance of 48' or 64% for the lakeside two story addition and upper level � deck and a hardcover vuriance within the 0-75' setback area of 3,195 s.f. or 10.7%, subject to the following .conditions: 1. Upon application for a building permit, applicants must provide an updated survey � showing location of all existing and proposed improvements to be accompanied by , a detailed grading and drainage plan. If it is found that new additions will � encroach any closer to lagoon than existing structure, applicants will be required to file an amended variance application with both the City and DNR. 2. All landscape areas underlain with plastic shall be removed prior to the footing • inspection for the proposed new construction. 3. Appl�cants to provide necessary erosion control along the shoreline of the pond and wherever deemed necessary by the Orono Building staff prior to any land alterations on this property. 4. Applicants have agreed to replant specific mature evergreens to be removed as a result of these improvements. Applicants have submitted a site plan indicating existing and proposed plantings in the 0-75' setback zone included as page 6 of this resolution. Plantings are to be completed prior to the final inspection for the new construction by the Orono Building Department. 5. Authorities granted by this resolution run with the properry 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 this variance will expire on that date (November 13, 1996). 6. 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 te�ninate any authority granted herein, and shall be punishable as a misdemeanor. • Page 3 of 6 W_._. v . . . .,, .. _. _ . : � O� s � ° b� - CITY of ORONO ,� � �� '�' RESOLUTION Of�THE CITY COUNCIL �kESHOg' NO. 3 C e� .� 7. 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 properry. Adopted by the Orono City Council on this 13th day of November, 1995. A � ST: . ' �,��,��`� ,.��,�./�.�-,� thy M. a lin, City Clerk Edward J. /��allahan, Jr., Ma or • s!t/ �� • Property Owner(s) ' � / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) _ The foregoing instiument was acknowledged before me on this 13th day of November, 1995, by Edward 7. 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. - � �' �� A� "� ��.��• CAROLEA.HASEMAN Notary Public � ` � NOTARY PUBLIC-MINNESOTA =�-' •- ' HENNEPIN COUNTY , ��-�•••'� My Commission Expires Jan.31,2�00 • Page 4 of 6 _ . .,.� v . .� ::t __ .._.�_.. .. __ ... •...._ . � O� • O O �b. � CITY of ORONO . � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9$E IIp4�'�'G NO. g 6 i� 1� S STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this ��h day of �c�re� , 199 C�before me a Notary Public within and for said county,personally appeared .M. �nn• ; y n n;r�° 5 rn e o5 PrA 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` �� NOTARY PUBLIC-MINNESOTA ' �'"' '" � HENNEPIN COUNTY NOT Y PUBLIC `'~•`'�� My Commission Expires Jan.31,2n00 • TE OF MINNESOTA ) STA ) ss. . COUNTY OF HENNEPIN ) On this��day of ��, �i , 19Xo before me a Notary Public within and for said county,personally appeared � ArnP G�i�sh rri�� 7`n /�./�1 �Pn�r,c�/«.. known to me to be the person(s) described in and who e cecuted the foregoing uistrument,and acl:nowledged that he (they) executed the same as his (their) free act and deed. 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