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Home My WebLink AboutResolution 3535 t . 1. 041. O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. `3 5 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 FILE NO. 1994 WHEREAS, Robert L. Wolff and Velma A. Wolff(hereinafter "the applicants") are the owners of the property located at 4450 Forest Lake Landing within the City of Orono and legally described as follows: Lot 11, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to the Municipal Zoning Code to permit construction of a 5' x 26' principal structure addition and a 5' x 26' lakeside expansion of an existing deck requiring approval of the following variances: 1) Section 10.03, Subdivision 14 (C) - Lot coverage/structural variance. Allowed = 1,587.9 s.f. or 15% Existing = 2,052 s.f. or 19.3% Proposed = 2,157 s.f. or 20.3% 2) Section 10.22, Subdivision 1 (B) - Average lakeshore setback. _ Allowed = 0' Existing principal structure = 23' Proposed principal structure = 28' Existing deck = 35' Proposed deck = 40' 3) Section 10.22, Subdivision 2 - Hardcover within the 75-250' setback area. Area = 6,761 s.f. Allowed = 1,690 s.f. or 25% Existing = 3,513 s.f. or 51.9% Proposed = 3,069 s.f. or 45.3 % Hardcover reduction = 444 s.f. or 6.5% Page 1 of 6 Form 5005 Disk Orono 6o; fo O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 3535 4114 OVI NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1994. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 10,586 s.f. or .24 acres. 3. The Orono Planning Commission reviewed this application on February 22, 1995 and recommended unanimous approval of the variances as amended, based upon the following unique findings and hardships: A. The City has received no negative comments from the neighbors to either the north or south. The structure will have a minimal impact on the residence to the south. The residence to the north will not be impacted by the addition because of the 45° angle at the side. B. The residence was constructed prior to the current lakeshore, shoreland standards. C. The property does not meet the current standards of the LR-1B zoning district requiring one acre in area. The subject property consists of 10,586 s.f. The required lot width is 140'. The average width of the subject property is 54'. 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 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 2 of 6 Form 5005 Disk Orono O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 f e kE3HD4' 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 the Municipal Zoning Code Sections noted above that would permit the construction of a 5' x 26' addition to the lakeside of the existing residence and a matching 5' x 26' extension to the lakeside of the existing deck approving an intensification of a portion of a structure that encroaches the average lakeshore setback line by 28', lot coverage variance for an intensification of structure where excesses of 461.1 s.f. or 4.3% exists and a hardcover variance within the 75-250' setback area of 1,379 s.f. or 20.3%, subject to the following conditions: 1. All hardcover removals as shown on Page 6 of this resolution shall be removed prior to the framing inspection for the new construction. Applicant shall contact Building staff to confirm hardcover removals. 2. 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 variance will expire on that date (February 27, 1996). 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 teiniinate 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. Page 3 of 6 Form 5005 MN Orono • O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 85 37 os Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of February, 1995. ATI EST: Dorothy M. I41 , City Clerk Edwars . Callahan, Jr., ayor di AY. if lroperty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of February, 1995 by Edward J. Callahan, Jr. 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. _ " JAMIE 1.BOSMA � No a (24/ke_,CL 4917z-6-- Public NOTARY PUBLIC-MINNESOTA '.� HENNEPIN COUNTY ""•• My Commission Expires Jan.31,2000 Jlllll!./!llllll!!!lfIIIIIYI./S Page 4 of 6 form 5005 Disk Orono di1/4, 04i. O , CITY of ORONO RESOLUTION OF THE CITY COUNCIL A 3 4 NO. 2 . ';Ato �G STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this it,!#i day of Ln L C , 1996 before me a Notary Public within and for said county,personally appeared /e-& ,I 4 Gee/ • (,,id'-?h' Jct ' known to me to be the person(s) described in and who executed the for Ging instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. !J:///i,,,,//iIiii ..„ ////iS JAMIE L BOSMA //' 1y NOTARY PUBLIC-WUNNESOTA G t�(-2J jC 6'G�7 -- ti °,` :•' HENNEPIN COUNTY ' NOTA• PUBLIC My commission Wires Jan.31,2000 ' ✓.nr!!!!.11�Yf�t ---_,,,,,,,z-lbw 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 5 of 6 Form 5005 Disk 0rom .. • -44 .• - sl •.% .., • , , . - •• -I. ..,. 3 5 2 5 . • 1 . . , . .\-- CD • el - -----, i O..--_ N1 1_.---)1/, •. ° • i • • • 1/441 . • r . • . ............ '7— N ,.. -3/4- A 1' •vi ........... ........... clipIrsk / si c". • rn , crl RI r ..,.._ 33..,...-- ,./ ....- . .. ..,....,---- 1 i . ...I' t 4 N• • Cn 13 N 0 U 1:71 v) , *---_, '?a -.1 . \ ts. ir 7is014A4 ': / 4;1- rd ..f i ,- ..- /• t*1 lit ... ,-( tu ..... • 26.1 1113Ct"::: .Li t/..iLl•',f .. . 6. , ... • • ,,--a ..., 1 / ,........, 5+19q kc.,.__ vii • 0 Q., ,..t) .- - a -, 10 r (i5gt I / i ;z3 N• .. • \1;1 s-i.:. . j*ill'il‘31.16"111°#"e \% • - -...i_ i , V- VS 4 A i;;;7 :t • ----.. Ea at 1 --...< / -z le • .. r)* - i • o., ,,,,,....z.).,:,L.,.., 4, ,r'rl . • 511/410 - zo.2. ,. lf, i AC V . " P 7....71.4...:.:**::t.;Ai....::: :.•1.1., .s1C34,, 250 • • \r` ti. .i.,::;:f..:Z.I.:S, • -4- • 1 • 7 .1'4.12t ti 4i' • 0 • ".:,"A,-1-' ' ,A 3retl ,.... .• J) \ •'',... ••• Z . VD • P -=1,i, I, - - t.1,f 1141.., 41 ) v?.;1 1,il'•.,;ii:>•-' ••:•-• \41 1.9 tp. ct: (.4 21.4 .-... •... RESOLUTION # STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallie, 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 February 9 7 , 19 9 9, 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 2nd day of March , 19 9 5 . A ) Dorothy M. • • , City Clerk (SEAL) 2598754 R ZSTERED VOLS PAGES 7 Lir`Y OFFICE OF THE REGISTRAR OF TITLES HENNEP N GOUN"IY. MINNESOTA CEn I IHED FILED ON MAR 3 0 1995 1b ` REGISTRAR OF TITLES BY MUD