HomeMy WebLinkAboutResolution 3408 K � p� .
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A, 84010
o¢�G
ESS
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1(B) AND 2, AND
SECTION 10.25, SUBDIVISION 6 (B)
FILE NO. 1898
WHEREAS, Paul J. Hauser and Rose M. Hauser (hereinafter "the applicants")
are the owners of the property located at 2801 Casco Point Road within the City of Orono and
legally described as follows:
refer to Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) to allow a deck constructed without a building
permit located 13' in front of the average lakeshore setback line and a proposed kitchen addition
that will be located 6' in front of the average lakeshore setback line where no such encroachment
is allowed, hardcover variance within the 75-250' setback area proposed at 3,233 s.f. or 28.6%
where 2,825 s.f or 25% is allowed and per Section 10.25, Subdivision 6 (B) seeks approval of
a side yard setback variance for a proposed kitchen addition to be located 4' from the side lot
line instead of the required 10' and approves an after-the-fact setback variance for an existing
deck located 7' instead of the required 10' from the side lot line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: -
FINDINGS
1. This application was reviewed as Zoning File #1898.
2. The property is located in the LR-1C Lakeshore Residential Zoning District
requiring 21,780 s.f. or one-half acre in area. The property consists of 19,850
s.f. or .45 acres.
3. The Orono Planning Commission reviewed this application on March 21, 1994
and recommended approval of the proposed variances as amended based upon the
following unique findings and hardships:
Page 1 of 4
Fm 5005 Disk Dram
O, CITY of ORONO
O � O
RESOLUTION OF THE CITY COUNCIL
` ESSO4�
A. Significant lake views enjoyed by neighboring properties will not be
reduced or encroached upon by proposed additions.
B. Hardcover within the 250-500' setback area has been reduced from 1,880
s. f. or 56.9% to 990 s.f. or 30%.
C. Long, narrow shape of lot.
D. There are no hardcover improvements within the 5,250 s.f. yard area
within the 0-75' setback area.
E. There will be adequate distance between residence structures on north and
south with proposed additions to allow for easy access of emergency
vehicles.
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and
Section 10.25, Subdivision 6 (B) to permit construction of an approximate 27' x 25.5' addition
to the street side of the residence, 60 s.f. kitchen addition to the south side of the residence and
approves an after'-the-fact side setback variance for a deck and access stair to the north side of
Page 2 of 4
F"5005 Disk Oros
CITY of O
O O � RONO
RESOLUTION OF THE CITY COUNCIL
NO. 3403
ti
��9x og�p
ESS
the residence at 202 s.f., an encroachment of the average lakeshore setback line by the two
additions at the north and south sides and a hardcover variance within the 75-250' setback area
approved at 3,233 s.f. or 28.6%, subject to the following conditions:
1. Upon application for a building permit, applicant shall provide an updated survey
locating the exact dimensions of all approved additions. Survey information to
include hardcover confirmation as follows: hardcover within the 75-250' setback
area at 28.6% and at 30% within the 250-500' setback area.
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 (April 11, 1995).
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
terminate 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.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 11th day of April, 1994.
A EST: ,J
y M. ity Clerk Edward J. Call , Jr., Mayor
Pau . Hauserf Rose M. Hauser
Property Owner (s)
Page 3 of 4
F—5005 Disk 0..
CITY of
O _. O � ORONO
T� RESOLUTION OF THE CITY COUNCIL
3403
ESH04�
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of April,
1994 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
• NOTLHEMONEPIN
UBI.IC�ANESOTA
• COUNTYI� �/�My Coinn EV�,Ia�l.31,20W
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 15t_day of Ma re-h 1995 before me a Notary Public within
and for said county,personally appeared_p„/ T_ &v s-cr, marri 0(.
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.
/{�IGNNNESOTA
• ' ��PxpiCre�sjanr31,2rn10
.�. NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ) 1' day of 11 199 s' before me a Notary Public within
and for said county,personally appeared c -1 til lfLl use^, /V a r'(
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.
LIN=K3
.. HOWMCWM
NOW PAZW88M W Fj
NO ARY PUBLIC
'�IM�• ja
2 00M
Page 4 of 4
r—SMS NO hnM
RESOId ,cN # 3408
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 theCity Council of the City of Orono
n in the Minutes of the
with the original record of such resolutiO a meeting of said City Council held
a
proceedings of said City Council 19�--i and that the same is a true
on April 11 ado ted by said City
and correct copy of said resolution was duly P
Council at said meeting .
In Witness Whereof , I have hereunto se-t my hand' and 94^
seal this
12th day o
o othy allin , City Clerk
(SEAL)
3 F
}
'l.yf4yY
c :•: (93osauujq •A:tuno, djdsuuaH).joss.',,, -3814 pe*aoa•s sg3.03 a
'pat sa;aft of ita •laiaaiSeg ie 3ulod eg3 of L13e36s2 aaasq-3 sSaTaaiS.q ;o 2otod ap 0"; 1148364A 300;
lv*wt K Pffa 1 a 03 quit toll•=•+ Piga Saote Llsa-3282 s3ag-3 saotsw-3:8 031 pug9113VT 3e *us( L1lo9;'ON
sqFs ma t>•t� 3%ftx » paias82r se •aoTas
s -3=a a31 pas 9Z1 un ;o sail Tiag-32ON oV-3 IQ lsogw l Sae; of View oa
twtta=ad wpm" M" a g-3iw 66133022831a ',a
l 631 e3 so3*MIU ovn ;o wags ag3 Soots 411043not *Savo se',00aSUMIU }y :
sip 7a mala sop a3 u"smzm s3T Paw 921 307 ;o ait LisoRjon 843 Snots 412038.s4 swam s9iT Sot Io "It
Ctssw*a ap sa !it 3wt ;a quit [12132.2 -P 03 Istlessd Llsegasq e0�wt3 :EaiuniS.q ;e 3aTod ssq o-3 mo K
!it 3vt Ia swTl Lla-3sy sq3 03 lsllessd LTseipaof eeosga 2388; of 3ossg-3 erTT Ltssg3
�t�a3asd wawap 19" un ;0 39w3W asasgaaor sg-3 as SaTZ� at psgisa28p 31384 �isN is 3wtd wo so mac.
a9 �Paalpsp P 3!r�3ms sopei pwi;R par pa3salissp so w A*&v a3M OWT 30 Onge37 odds sp ae 9Zt FOR Sit s
w� saaaae Pert p sa=w q3 to tad 3.qa pas =psasaa •sw.2 aza" s3trt ;o :31" .40P Par !!it Peas Sii :
113"r =73=9 as:�g 443 ;o Larsas a ;a aoiaw3aasa3das aasssoa paw WU3 it si sig3 30ga An"" A=1 1
93 5 t a. w
)
a"•
-am�• � 1 ,�., s�"�y��•, t �,t„yy., a
tJ�� iY ^iT 4 y 'fi, 'tai9 7'
G�'4: (y-ht� 2 '4 �J-�S°••k k ., w '� �.f Y �3 . #. f��4
.•f .�Y R411 >�{WF:. 4 �'f':��i�y�'{5..ry.�{w,4f� >' 4n A. �'•� ^w34Wµ� � �u st^ I 3.•.
REGISIERED VOL PAGE ._.16'13,
pFF10E OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY. MINNESOTj
CERTIFIED FILED ON
MAR 3 0 1995
JIM
C� o v�
'AR OF TITLES
DEPUTy