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Home My WebLink AboutResolution 3596 . y � _ `� � ��j � � " � � O O , . � � n. - CITY of ORONO � ' ti + '�' RESOLUTION OF THE CITY COUNCIL ��`qIi' OS�'�G NO. v� � � � '- � ESH � . . A RESOLUTIOi�1 GRA,NTING VAItIAI�10ES � TO MUNICIPAL ZONING CUD� SECTI(O:�S ' 10.�2, SiJ1iIDIVISIONS 1 (A)�iND 2 A1�iD �0.24, SUI3DIVISION 5 (B) ' FIL,�NO. 2036 , W�-I�REA�, Robert J. Gountanis (hereiiiafter "the applicant") is t1i� o�vner of the � '� property located at 1098 Loma Linda Avenue within the City of Orono and legally dcscribed as ;i follows: � � Ii . �, '' Lot 10,Loma Linda,Hen.+�epin County,Minriesota(hereinafter "the property"); and ;� i '; WHE�A�, the applicant has applied to the �ity for the following varia;ices tha� ' would permit cozistruction of a 26.2 x 38.5'two-story residence and two-story 22' x 22.5' atiached ; . � � garage as shown on Page 7 of tl�is resolution: ,. E1. Municipal Zoning Code Section 10.22, Subdivision 1 (A) - la.keshot•e setback. Rec�uired=75' `� . � Existing=22' '{ Proposed=28.5' . ,. �� Variance=46.5 or 62% , ;�' . B. Municipal7oning Code Section 10.22, Subdivision 2 -hardcover. I! 0-75' setback area=5,348 s.f. Allowed= 0 � �xisting= 1,338.15 s.f. or 25% �, Proposed or variance= 950.5 or 17:8% � 75-250' setback area= 1,464 s.f. ` � i Allowed=366 s.f. or 25% � � Proposed= 8�'7.5 or 60% ' ' Variance= 521.5' or 35% i . � i C. Municipal Zoning Cod.e Section 10.24, Subdivision 5 (B) - street setback. ; Required=35' . , �; Existing= 5' 4" ! Proposed= 13' . ' Vat•iance=22' or 62.8% . . �' . � I s � Page 1 of 7 I � � ' . ' � ------ — . ' i ' i • �i 7 O� • O O n� � CITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. e� e� � �'i C. The City's tax records back to 1974 indicate the foriner owner received homestead eredit from 1974 to 1981. The property has been non- homesteaded to the current time. D. Major portions of the property are located in the lakeshore protected area. 5,348 s.f. is located within the 0-75' setback area and 1,464 s.f. is located within the 75-250' setback area. E. The curvature of the shoreline to the southeast of the property intensifies tlie impact of the lakeshore setback upon limited building envelope of this property. F. The property has been assessed and is connected to municipal sewer. • 4. The Planning Commission at their August 21, 1995 meeting reconsidered a second request of applicant to install a second story over the 22' x 22' single-story garage. The Planning Commission recommended d�nial of applicant's request to amend the Planning Commission's original recommendatior�of approval based on the following findings: A. A second story over the approved 22' x 22' garage addition would intensify the impact of structure on this severely substandard lot. B. The garage is located 3' from a public access to lake and 5.4' from street lot ' line. 5. 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 grantin� the variances would not adversely affect traffic conditions, light, air nor pose a fire � l�azard or other danger to neighborin� property; would not merely serv� 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. • Page 3 of 7 � a � O� • O O � �b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9,k.E p�"�'� NO. �a� �i � �'°a � SH 6. The City Council has considered this application including the findings and recominendations 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 nlore of the above findings,fihe Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit construction of a two-story residence at 26.2' x 38.5' that may extend no closer than 28.5' to the shoreline and a two-story attached garage at 22' x 22.5' that may extend no closer than 63' 6" to the shoreline, a left side setblck variance of 7' or 70%, a street setback variance of 22' or 62.8% and hardcover variances within tlie 0-75' setback area at 950.5 s.f. or 17.8% and in the 75-250' setback area at 521.5 s.f. or 35%. This approval is subject to the following conditions: • 1. Applicant or applicant's contractor shall be responsible for obtaining a demolition permit for removal of the residence and single-stall garage structures. 2. Upon application for a building perniit, applicant shall submit an amended survey as shown on Page 7 of this resolution confirniing the location of all improvements as approved by the City. Applicant shall also provide a�i updated hardcover analysis of all approved improvements and a drainage plan. ' 3. 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 �September 11, 1996). 4. Violation of or non-compliance wiflz any of the terms and conditions of this variance shall constitute a violation of the zoning code, sha11 automatically terminate any authority granted herein, and sliall be punishable as a inisdemeanor. 5. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his heirs, successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. • Page 4 of 7 � � O� O O � �b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL . �`�kEsKOg'� No. � 5 9 6 Adopted by the Ciry Council of the City of Orono, Minnesota at a regular meeting held on the llth day of September, 1995. AT ST: . �/ orothy M. al n, City Clerk Edward J. Call , 7r., ayor Praperty O�er (s) STATE OF MINNESGTA ) • ) ss. COUIvTTY OF HENNEPIN ) The forcgoing iustrument was acknowledged before me on this llth day of Septer:lber, 1995 by Edward. J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City oi Orono, a M;nnesota municipal corporation and said instrument was executed on behalf oi the City. ��2� �A� U�-� Iv otary Publ.ic • Page 5 of 7 � �. . . � � O� . • O O �b. � C ITY of ORONO � � �� L'�'� RESOLUTION OF THE CITY COUNCIL , � �kESH�g' NO. �� ', STAT� Or MINN�SOTA ) � SS. COUNTY OF IIENNEPIN ) On this d2G� day of , 199,�before n�e a Notary Public within and for said county,personally appeared , known to me to be the person(s) described in and w o executed the foregoing inslrumcnt,and acknowledged that he (they) executed the same as his (their) free act ancl deed. e..�•. LINDAS.VEE :�'�' '` �� NOTARYPUBLIC-t�AINNESOTA ��2_�� A� •�' HENNEPIN COUNTY ' " My Commission Expires Jan.31,2000 NOTARY PUBLIC �'�NM��, �' S"1'ATE OF MINNESOTA ) ) ss. COUNTY Or II�NNEPIN ) • 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 inst��ument,and ackno�Nleciged tliat he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STt1TE OF MINNESOTA ) ) ss. . COUNTY OF IiENNEPIN ) On this day of , 199_liefore me a Notary Public within and for said county,personally appeared known to me to be the person(s) describcd in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as liis (their) free act and deed. 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