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Home My WebLink AboutResolution 3559 o� . � CITY of ORONO O_�� O • � e�=� .� RESOLUTION OF THE CITY COUNCIL � �� ;� a,, ,�, � �'Y :�� ti No. _ 3 e5 5 � ��9� Og�G . Es8 A RESOLUTION GRANTING VARIANCES TO MLTNICIl'AL �ONING CODE SECTIOI�T 10.22, SUBDIVI5ION 2 AND SECTIOnT 10.24, SUBDIVISION 5 (A) FILE #2011 �VHEREAS, Timothy J. Line and Lori Line (hereinafter "the applicants") have an interest in tne properry located at 4415 Forest Lake Landing within the City of Orono (hereinafter "City") and legally described as follows: Lots 13 through 17, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the properry"); and WIiEREAS, per Municipal Zoning Code Section 10.22, Subdivision 2 and • Section 10.24, Subdivison 5 (A) applicants seek approval'of a height variance for an observation tower defined at a legal height of 35' where 30' is allowed and a hardcover variance within�the 75-25Q' setback area where the new construction will result in 5,628 s.f. or 29.2% where only 4,803 s.f. or 25% is allowed. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2011. . 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 62,660 s.f. or 1.4 acres. � 3. The Orono Planning Commission reviewed this appiication on April 17, 1995, and recommended approval of the variances as proposed based upon the following unique findings and hardships: Page 1 of 5 � . � ro�soos ms�aono ,.�.-r: _-?,^->'s'-.— .... . . ...,...--..- ...-.�,_.... . _...-..- � ._...._.___.... . .. .. . . . . _ , . o � � �' CITY of ORONO O �, O • �:��=� ,� RESOLUTION OF THE CITY COUNCIL , , , �, +, �� :��,� ti No. 3 5 � 9 ti ��9� o4�G ESH A. Total lot area is 62,660 s.f. but only 19,210 s.f. lies within the 75-250' setback area. B. A standard lakeshore lot with 62,660 s.f. in area would have yielded much higher hardcover allowances within the 75-250' setback zone. C. The property is located on a pensinsula. D. The properly contains unique topographic constraints. E. The house has been designed to lunit horizontal expansion utilizing the building footprint to provide additional outdoor recreational space. F. Surface runoff from 20%+ of the total 29.2%of hardcover improvements will be treated within a drainfield area and will not run directly into lake. • G. The ma'or ortions of the roof structure will meet the allowed �0' legal J P height. A small obervation tower located within the central portion of the building will be at a 35' height. H. The majority of the structure will be located beneath the tree line of the property. 4. The City Council fmds 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 pose a f�re 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 Zoni.ng 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 applicants and the effect of the proposed variance on the health, safety and welfare of the community. . Page 2 of 5 ' Fam 5005 Disk dono O . � �' CITY of ORONO � O y O _ �' � �:��-� ,� RESOLUTION OF THE CITY COUNCIL �, ��,1 `y�� ti No. 3 � 5 � ti a, � ,��9$ Og'�G , ESS CONCL[TSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 2 granting a hardcover variance within the 75-250' setback area of 825 s.f. or 4.29% and per Section 10.24, Subdivision 5 (A) grants a height variance for an observation tower that will be 35' in height subject to the following conditions: - � 1. Prior to filing an application for new construction, applicants must apply for the iegal combination of the five separate parcels that make up the building site. 2. Upon application for a building permit, applicants will make payment for a sewer connection charge at $11,744.50 per the 1995 fee schedule and a Sewer Availability Charge of $850.00 based on the MWCC's 1995 fee schedule. • 3. � The City shall require permits for the installation of the drainfield and extension of municipal sewer to residence. Applicants' consultant/contractor shall provide engineering plans with appropriate design and spec information for the review of . the City Engineer. � 4. Upon the issuance of a certificate of occupancy for the completion of the residence structure, applicants may apply for a permit to install a residential dock. Applicants shall install dock at the eastern shoreline so as not to encroach wetlands at the southem shoreline. � � . 5. Authorities granted by this resolution run with the properry 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 (May 8, 1996). 6. Violation of or non-compliance with any of the terms ar�d 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. • � Page 3 of 5 . - Fam5005 DiskOmno � � O�I�' - O �� Q CITY of ORONO � �� .,�' :e�=� ,.� � RESOLUTION 0�T�IF�ro,� COUNCIL � �l `,3.�� P.� Q.t' � � �1 , a� NO. :, ti, '��9� o4�G Es8 7. 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 8th day of May, 1995. AT ST: , �' , ,,1 --- � , orothy M. , City Clerk Edward J. Call' an, r., Mayor --,. . � • � � � Applicants „a. � . Property Owner(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of May, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & Ciry Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � No r Public � :a.ti=.:7.:f JAMIE L.BOSMA • NOTARY PUBLIC-MINNESOTA • ',•"• :- ' HENNEPINCOUN7Y ��MM��•• My Commission Expires Jan.31,2000 Page 4 of 5 ' Fam5005MskOrono ��__.--_-----.�.. . � � . . O ' � �' CITY of ORONO ��,�.� � � � �.;��-� ,� RESOLUTION 0 TI� CITY COUNCIL � ' � 55 9 ,�, ��, `a� �, No. Y � �� og�G ES�I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this o�c� ,ub day of �BU-�n�� , 199 S ,before me a Notary Public _ withinand for said County,personally appeared � �� ' �� known to me to be the person(s) described in and who e ` ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� JAMIE L.BOSMA :�'�' '�` � NOTARYPI�LOC-MINNESOTA � ' �• •- ' HENNEPIN COUNTY � ^�/MM��• My Commission Expires Jan.31,2000 Nota blic <,...-- . . , ,� STATE OF MINNESOTA ) � } ss. , COUNTY OF HENNEPIN ) On this d ay of , 199 , before me a Notary Public withinandfor said County,personally appeared known to me to be tl�e person(s) described in and who executed the foregoing instrument, and acknowledged tl�at he (they) e?:ecuted the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF �IENNEPIN ) 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 lie (they) executed the same as his (their) free act and deed. � Notary Public • Page 5 of 5 r�soos o��o�� 2��2106 R:E�iSTERED VOL �73 9 PACE �_�6� ,./ ��-. � ��THE REG1SiRAk r;r TITLF`' �1NEPif� ';:fUN7.. ,:>;v�,rSOTA CERT�� J F1Ltii OiV ��` 1 � 199� I G�� l�� '� REGISTRAR OF TITLEB �� _ OEPUTIE /��n L �r �'��