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Home My WebLink AboutResolution 3507 o CITY of ORONO RESOLUTION OF THE CITY COUNCIL 71 NO. �9kEsx0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (A) AND (B) AND SUBDIVISION 2 FILE #1983 WHEREAS, Thomas L. Palm and Maureen A. Palm (hereinafter "the applicants") are owners of the property located at 1685 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: The north 50' of Lot 16, Coffee's Addition to Shadywood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (A), 1 (B) and 2 to permit construction of a second story to be installed over an existing residence that is located 39' from the shoreline of Lake Minnetonka where a 75' setback is required and where the new construction will be located 10' in front of the average lakeshore setback line where no such encroachment is allowed and per Section 10.22, Subdivision 2 hardcover excesses exist on the property at 1,064 s.f. or 28% in the 0-75' setback area where no hardcover is allowed and at 2,979 s.f. or 33% in the 75-250' setback area. The proposed improvement will result in no additional hardcover but will intensify structure where these excesses exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1983. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District, requiring 21,780 s.f. or 0.5 acre in area. Page 1 of 5 rom 5005 Dish Grow O O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. :1 FE 7 'A �9xESnog� 3. The property consists of 14,140 s.f. or .32 acres. 4. Three members of the Planning Commission reviewed this application on November 21, 1994, and recommended unanimous approval of the variances as proposed based upon the following findings: A. The lots in the Concordia neighborhood were developed prior to zoning standards for residential development of lake shore properties. B. Two-thirds of the residence structure is located within the lake shore protected area. C. The proposed second story expansion will not result in an increase in hardcover. D. The lake shore view windows of the adjacent residences will not be negatively impacted by the second story addition. E. The homes on either side have partial second stories. F. The City has received no negative comments from the neighbors who would receive the most impact from the improvement. The City has been contacted by adjacent neighbors supporting the proposal. G. The lot is 50' in width and the existing footprint of the residence structure is 20'. The structure conforms to the required side setbacks. H. The improvement would be consistent with current improvements on adjacent properties. I. The proposed improvement would not have a detrimental impact on the values of the surrounding residences. 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 granting the variance would not adversely affect traffic conditions, light, air nor Page 2 of 5 Form 5005 Disk Orono O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. :. lop, 9�ESHC* 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. 6. 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. 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), 1 (B) and 2 to permit construction of a full second story addition granting setback and hardcover variances as specified above, subject to the following conditions: 1. Prior to the final inspection by the Orono building staff of the second story addition, the storage shed within the 75-250' setback area at a 103 s.f. shall be removed. Applicants' contractor shall obtain the required demolition permit prior to the removal of the structure. 2. Hardcover within the 0-75' setback area shall remain at 1,064 s.f. or 28%. Hardcover within the 75-250' setback area has been approved at 2,876 s.f. or 32.1%. Hardcover within the 250-500' setback area shall remain at 1,450 s.f. or 40%. 3. Current applicant and future owners are hereby advised that the granting of these variances has been based on the existing grade level deck at 242 s.f. located completely in front of the average lakeshore setback line and within the lakeshore protected area shall not be intensified with roofing or structural enclosures. Page 3 of 5 F-5005 0 A 0- CITY of OR ONO RESOLUTION OF THE CITY COUNCIL NO. ti ESH 4. Authorities granted by this resolution 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 resolution will expire on that date (December 12, 1995). 5. 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. 6. 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. Adopted by the Orono City Council on this 12th day of December, 1994. AT ST. Dorothy M. (lin, City Clerk Edward J. Calla n, Jr., Mayor Property Owner(s) STATE OF MINNESO'l'n ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of December, 1994, 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. LMIDiA S VEE Notary Public W C=WftW Boa Jin.9t.2000 Page 4 of 5 F—5005 NO Oram .� 011 ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL N0. G ��xE8H0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this aP111 day of ,22 , 1994-before a Notary Public within and for said county,personally appeare a.c ka ht, 4 0.t* known to me to be the person(s) described in and who executed the foregoing ins went, and acknowledged that he (they) executed the same as his (their) free act and deed. 2 LO a4X4 AL) r, JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA NO Y PUBLIC s HENNEPIN COUNTY My Comm.Egdms 12-19-97 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 5 of 5 Lam VIM nkh Mnm frr• RESOLUTION # ::j CP 7 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 such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on December 1Z— , 19-,-4-, 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 December 1994 4Dothy M. at City Clerk (SEAL) • zs��yss COPY UPFICE OF THE REGISTRM OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON JAN 2 7 1995 REGISTRAR OF TITLES DEPUTv V