HomeMy WebLinkAboutResolution 3588 09/18/95 13:39 THE CITY OF ORONO 612-473-7357 002
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C ITY of ORON�
G� RESOLUTION OF THE CITY COUNCIL
NO. e� Is
A RESOLUTION GRANTING VARIANCES
�b p TO MUNICIPAL 'ZONING CODE
SECTION 10,27, SUBDIVISIONS 1 (B), 2 AND
SEC'T'ION 10.24, SUBDIVISION 5 (B)
FILE NO. 2038
N S
WHEREAS, Richard J. 11eit (hereinaftcr "the applicant") is the owner of the
r property located at 1153 Elmwood Avenue within the City of Orono and legally described as
follows:
Lots 8 and 19, Skarp and Lindquist's Fernhill, Lake Minnetonka, according to
the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and Section 10.24, Subdivision 5 (B) to
permit construction of a 10' x 28.3' two-story addition to the lakeside of the residence to be
located 9' 4" from the north side lot lute where a 10' setback is required. Construction will
result in 56 s.f. of new hardcover with total hardcover proposed at. 4,120 s.f. or 51% where
25% is allowed and where 4,213 s.f. or 52`Jo exists; and an average lakeshcrc setback variance
of 32' where no such encroachment is allowed and where a 30' encroachment exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FiNDINGS
1. This application was reviewed as Zoning File #2038.
2. The property is located in the TR-ID Lakeshore Residential Zoning District
requiring one acre in area.
3. The Orono Planning Commission reviewed this application on July 17, 1995 and
recommended approval of the variances as proposed based upon the following
unique findings and hardships:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3 5 8 8
A. The percentage of hardcover in the 75-250' zone will decrease from 4,213
s.f. or 52% to 4,120 s.f. or 51%.
B. The proposed addition will have no impact on the views of the lake
enjoyed by the neighboring property owner.
C. The two-story addition will extend 2" closer to the north side lot line.
The lot to the immediate north is undeveloped and serves as a lake access
for an owner who resides to the immediate east.
D. The City has received no negative comments from the neighbors notified
of this variance review.
E. The residence structure to the south is located 85' from the south side lot
line of the subject property.
F. There is more than a 100' separation between the Heit residence and the
residence to the south.
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.
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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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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 10' x 28.3' two-story addition to the lakeside of the residence granting a 6.6%
side setback variance, a hardcover variance of 2,086 s.f. or 25.6% and a 32' encroachment of
the average Lakeshore setback line. Approval is subject to the following conditions:
1. Applicant to have completed the filing of the legal combination of Lots 8 and 19
before a building permit can be issued by City for new residential construction.
2. All existing hardcover improvements scheduled for removal as shown on Page 6
of this resolution shall be completed prior to the footing inspection for the new
construction.
3. The draintile that carries drainage along north side of property to the west shall
be extended to flatter elevations to lakeside of residence. Draintile to be buried
and disturbed area seeded with a mixture recommended for shaded areas.
4. Authorities granted with 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 (August 14, 1996).
5. 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.
6. 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.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
9kESH04' NO. 3 5 8 8
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 14th day of August, 1995.
AT4thyM
Dolin, City Clerk Edward J. Ca r., ayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
August, 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.
. �• . LINDA S.VEE Isrotdry Public
NOTARY PUBLIC-MINNESOTA
' =` HENNEPIN COUNTY
•••�•` My Commission Expires Jan.31,2000
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- CITY of ORONO
1:4ti
RESOLUTION OF THE CITY COUNCIL
9kESH0NO. 3 588
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 7— day of Av qu 5 , 1999" before me a Notary Public within
and for said county,personally appeared k' h u 1 fle, y/t
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.
•� . LINDA S.VEE
NOTARY PUBLIC-MINNESOTA JG� ell.✓ J
•, HENNEPIN COUNTY
.••• My Commission Expires Jan.31,2000 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
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RESOLUTION #_
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
ono with the original record of such resolution in the Minutes of the
Council of the City of Or
proceedings of said City Council at a 19 9 5 tinand °thatsthe same is ad City otruel andecorrect
August
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 16th
day of August 19_g5__-
orothy M. Ilin, City Clerk
(SEAL)
2639910
'D v;l.L PASE
pp-
copy
OFFICE OF THE REGISTRAR
OF TITLE
HENNEPIN COUNTY. MINNESOTA
CERTIFIED FILED ON
SEP 2 7 1995
REGISTRAR
OF TITLES
BY DEPUTY
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