HomeMy WebLinkAbout#2206 Resolution 3851CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 i
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2,
SECTION 10.56, SUBDIVISION 16 (C-6) AND
SECTION 10.03, SUBDIVISION 14 (C)
FILE NO. 2206
WHEREAS, Elaine Silus and Steve Silus (hereinafter "the applicants") are
owners of the property located at 3235 Casco Circle within the City of Orono (hereinafter "the
City") and legally described as follows:
Lot 19, Spring Park, also all that part of vacated Lakeshore Avenue and
of the tract of land lying between said vacated avenue and Lake
Minnetonka which lies between the easterly extensions of the northerly
and southerly lines of said Lot 19 (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16 (C-6), and Section
10.03, Subdivision 14 (C), to permit removal of the existing residence and construction of a
new residence. Per Section 10.56, Subdivision 16 (C-6), the deck for the proposed residence
shall be located 81 f9rward of the average lakeshore setback where no such encroachment is
allowed. Per Section 10.22, Subdivision 2, hardcover within the 75-250' setback area is
proposed at 3,685 s.f. (29.64%) where 3,562 s.f. (28.64%) is existing and where 3,109 s.f.
(25%) is allowed. In the 250-500' setback area, hardcover is proposed at 1,208 s.f. (31.23%)
where 1,429 s.f. (36.95%) is existing and where 1,160 s.f. (30%) is allowed. Per Section
10.03, Subdivision 14 (C), structural coverage is proposed at 3,435 s.f. where 2,510 s.f. is
existing and 3,363 s.f. (15%) is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2206.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
2. The property is located in the LR-1 C Single Family Lakeshore Residential
Zoning District requiring one-half acre in area. The total lot area is 22,420 s.f.
(. 51 acres) in area.
3. The Orono Planning Commission reviewed this application on February 18, 1997
and recommended approval of the proposed variances based upon the following
findings:
A. The proposed residence conforms to side yard setbacks and height
requirements.
B. The proposed residence seeks to preserve a mature hackberry tree located
at the street side of the property.
C. The proposed residence reduces overall hardcover (5,004 s.f. existing;
4,893 s.f. proposed).
D. The proposed residence more closely conforms to the average lakeshore
setback than the existing residence.
E. The proposed design (one-story) will mmumze the visual impact of
structure on a lot that is substandard in lot width.
F. The City has not received any negative comments from the adjacent
prope1iy owners notified of this application.
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 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _3.;........;;8'-. -=5.....,~""-l __
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 variances 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 Secti9n 10.22, Subdivision 2, Section 10.03,
Subdivision 14 (C), and Section 10.56, Subdivision 16 (C-6), to permit removal of an existing
structure and construction of a new residence to be located 81 in front of the average lakeshore
setback line, hardcover variance in the 75-250' setback area of 576 s.f. or 4.64% and a 48 s.f.
or 1.23% variance in the 250-500' setback area, and structural coverage variance of 72 s.f. or
.32%. Approval was subject to the following conditions:.
1. All hardcover improvements scheduled for removal shall be completed as shown
on the approved survey and shall be completed prior to the footing inspection
for new construction, except that the storage area in the existing garage may be
used during construction. The existing garage/storage area shall be removed
prior to the issuance of a Certificate of Occupancy.
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 this variance
will expire on that date (March 10, 1998).
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 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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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .8 8 51
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 10th day of March, 1997 .
----"'-~~ ~
GabrielJabbour, Ma~'------
Prope1iy Owner ( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of
Mat:ch, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
CAROLE A. HASEMAN
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Exl)lres Jan. 31, 2flOO
Notary Public
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CITY of ORONO
RESOLUTION O F T H E CITY COUNCIL
8 851 NO. ______ _
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this ci<4 +~ day of /0 ar<!.h , 199 '7 , before me a Notary Public
within and for said County, personally appeared [/q ,'ne :S.-//1'1 rl. St ,e 2:JV::>, ~Jrh Ii.. 6,x:,ht1 11d
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.
J
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
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