HomeMy WebLinkAboutResolution 3547 . ... � . . . . . .
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O `� Q CITY of ORONO
• ��° e�=� ,� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIl'AL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2
FILE NO. 1950
WI�REAS, Glenn C. Upton (hereinafter "the applicant") is the owner of the
property located at 3685 North Shore Drive within the City of Orono and legally described as
follows: -
� refer to Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the Cit�� for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of an addition to
the existing residence that will be located 52' from the shoreline where a 75' setback is required
and where 1,792 s.f. or 21.4% hardcover exists and where the proposed 'unprovements will
• result in 1,860 s.f. or 22.2% hardcover where none is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1950.
2. The property is located in the LR-1C Lakeshore Residential Zonin� District
requiring 21,780 s.f. The property consists of 11,630 s.f.
3. The Orono Planning Commission reviewed this application on August 15, 1994
and March 20, 1995 and recommended approval of an amended variance
application based upon the following unique findings and hardships:
� A. The total area of property is 11,630 s.f. but 3,250 s.f. of that area is
dedicated to a utility and private driveway easement.
B. The only remaining buildinJ area located out of the easement is located
� within the 0-75' setback area where no construction is allowed.
• C. The existing residence is located entirely within the 0-75' setback area
located 31' from the shoreline. .
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D. The proposed improvements will be placed 52' from the shoreline meeting
the minimum 50' setback required by the DNR for property adjacent to
a General Development Lake.
E. The existing improvement and proposed improvement will be consistent
with improved residences on the adjacent properties in the immediate
neighborhood.
F. A residential structure has existed on the property since 1914 prior to
zoning standards for lakeshore construction .
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 properry; 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.
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 Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit
construction of an addition to be placed 52' from the lakeshore granting approval of 23' or
30.5% lakeshore setback variance and hardcover variance of 1,860 s.f. or 22.2% resulting in
a 68 s.f. or 0.81% increase where no hardcover is allowed, subject to the followin� conditions:
1. All hardcover improvements scheduled for removal as shown on plan included as
Page 5 of this resolution shall be completed prior to the footin� inspection for the
� new construction. Applicant will be allowed to maintain existin� 12.4' x 20.2'
detached garage until proposed two-stall attached garage has been approved for
• use by the Orono Building Department.
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2. Authorities granted by this resolution 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 (April 10, 1996).
3. Violation of or non-compliance with any of the terms and conditions of this
variance 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 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 t�ie recording of this resolution in the Chain of Title of the
property.
� Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
• held on the lOth day of April, 1995. �
AT ST:
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Do thy M. Hal in, City Clerk Edward J. Callaha Jr., ayor
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Property Owner (s)
STATE OF MtNNESOTA ) .
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth day of April,
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
Cit��
. ���
• °'�`' LINDA S.VEE ota Public �
:°,:. ..; .,
.;: . ; MOTARY PUBLIC-MINNESOTA
�,,���•°" HENNEPIN COUNTY
My Commission Expires Jan.31,200o page 3 of 5
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O �� O CITY of ORONO
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a 0� day of �,- , 199 5� , before me a Notary
Public within and for said County,pers nally appeared ��e n �'. � � -�o � i� _
known to me to be the person(s) described in and who executed the foregoing inst ment, and
acknowledged that he (they) executed the same as his (tlieir) free act and deed.
�•�.��. LINDA S.VEE ���--� � "��
:,•.' `` •� —�
NOTARY PUBLIC-MINNESOTA Notaiy Public
' � ' HENNEPIN COUNTY
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�-�••� My Cammission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OP 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 (tliey) executed the same as his (their) free act and deed.
Notary Public
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� �' CITY of ORONO
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• �'=e�-� ..� RESOLUTION OF THE CITY COUNCIL
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EXHIBIT A �
�ecal DescriDtioz
�ots 5 snd % , "Cr�sr.al 3each" ; and all oi Lo� 2, B1ocK 1 ,
"Crys�al 3ay View" , i�ennepin County, Minnesota, except that
par= c_' said Lot 2 embra-ced in the plat of "Crystal Beach" ,
acc�rding to t:�e p1a� tnereof on file or of record i.^. Lne
��_:ce of the Cour.ty Recorder in and �or said County.
Ai.,�O,
a:? ::13L par= o= abandoned County StaLe Ai�' uighway �o. �1
+ �•�nown as County Rcad in L:�e plat oi "C'rys�al Beach" ? ,
w��cz ?ies easter'yo u= *_h° easterly line oi Block 2 (and
_^e same extendec) in �ne plat Cr.�sta� Bay View, nor�`�west-
er1•: ar.d northerly or the extensions o= the northeas�eriy
ar.c soutnerly :ines o: the followina described r.rac=:
.,cts 6 and 7 , "Crystal Beach" ; all of Lot 2 , Block 1 ,
''C;istal 3ay 'Jiew" , :�ennepin County, Minnesota zxceot
�hat part of said Lot 2 embraced in Lo� ' o� "C�'.:stal
3each" according to the duly recorded plats thereof ;
a;{capr �hat aa�t Oi said �1Q1'1W3Y 1}�1:1Q :lOr"^,W25t2��j% OL c�
� *:e drawn Ddr3i:.e? with and distant �0 fee� sauthe.=.s�er:•�
CE �^°- i..7C=S2::= C°R�°r11R2 Of C.S .r+•H• �O• � � � C°SC�2:2C ZS
=O�:.^�W 5 : -
Commenci.^.g aL �he intersec:.ion or �he centerl'_^e o:
said County State �id Highway No. 51 a.^.d tne Sour�
1ine� of Section 8, Township 117 , Range 23 ( said pcinc
also being t::e intersection with the centerlir.e o•_`
C.S .A.H. No. 19 ) ; �hence run nort:�eas�°rly at s� ar.cle
oi 107°54 ' with the north-south centeriine or said
C.S .A.H. ?�o. t ° for a distance of 111 : � feet; =`�e.^.ce
�eflec*_ left along a tangential curve havir.o L r�ci��s
of 572 . 95 fee� (delta angle 31 °3° ' ) fcr a dis�snce o:
3i6 . 5 fee�; �:�ence tangent to said curv° fcr � a'-=-
�ance of 344 .7 ieet and there terminating .
Subiect to an easement hereby retained by ��e County o'
�ennepin for utili�y purposes and subject to an easemen:.
`or criveway for the purpose of ingress to and egr°ss -`rom
a'_� of the lots in the plat of "Crystal Beach" to and irom
� �resent County S`ate Aid Highway ?Jo. 51 .
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