HomeMy WebLinkAboutResolution 3432 ,
� �.
O
� �' - CITY of ORONO
� O ,, O
• � ,:��,,?��^� RESOLUTION OF THE CITY COUNCIL
r� ��'�'�' ',.;, A, Q � .
„�, �, a�� �, N0. e7 � e�
� '' C,~
�`9kES�I�g'�
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
FILE #1925
WHEREAS, Peter Bovee (hereinafter "the applicant") is owner of the property
located at 840 Old Long Road within the �ity of Orono (hereinafter "City") and legally
described as follows:
The west 277.4' of the east 464.9' of the southeast 1/4 of Section 35, Township 118
North Range 23 West, lying north of County Road 27 (Old Long Lake Road), Hennepin
County, Minnesota (hereinafter "the property"); and
• � WHEREAS, the applicant has applied to the City for a variance to Municipal
, Zoning Code Section 10.23, Subdivision 6 (B) to permit the expansion of the roof envelope over
. the existing house and construct a deck/bedroom addition, where such existing house is 15.1'
from the side lot line where a 30' setback is normally required, and 35' from the front lot line
where a 50' front setback is normally required, and such deck/bedroom addition being 29.0'
from the side lot line where a 30' setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
� 1. This application was reviewed as Zoning File #1925.
2. The property is located in the LR-lA, Single Family Lakeshore Residential
Zoning District.
� 3. The Orono Planning Commission reviewed this application on May 16, 1994, and
recommended approval of the roof expansion variance over the existing footprint
of the residence based upon the following findings:
• Page 1 of 5
r«msoos m�o��
z ;
� ��' ITY of ORO �
O : O C NO
• � ��°��e�=� RESOLUTION OF THE CITY COUNCIL
r� ���' '' �► � .
,� � �� �.b�,� �, N0. � � �
�, ti
���� Og�G
ESS
A. The existing house location and scope of the proposed improvements does
not allow moving the house to meet setback requirements.
B. Existing vegetation screening and adequate distances to neighboring
residence structures act to minimize any visual impact of the roof
expansion.
C. Applicant has removed a pre-existing deck and proposes to replace it with
a new deck or bedroom addition. The submitted 1976 survey does not
match the existing footprint. Absent further information, Planning
Commission recommends that only the existing footprint be approved for
roof expansion.
4. Applicant has now provided an updated survey confirming that the side setback
to the proposed deck/bedroom expansion is 29.0', requiring a 1.0' or 3% side
• setback variance. The hardship for granting of such variance is the location of
the existing house, the fact that a deck previously existed in this location, and that
whether this is a deck or room expansion, it is proposed to be roofed, and
elimination of said roof portion would be incompatible with the proposed
addition.
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.
6. 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 variance 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 5
Fam 5005 Disk Oram
7 � �
� ��' CITY of ORONO
O .,� O
• � �°�?��-� RESOLUTION OF TI� CITY COUNCIL
�! ��� ' �,� ; ,'�, .
„�,, � �, ��� �, No. '.� 4 � `,�
Y ti
��9x o4�G
ESYi
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance _
to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit expansion of the existing
roof from 3.5/12 pitch to 8/12 pitch over the existing residence and proposed deck/bedroom
addition, such existing residence being 15.1' from the side lot line and such addition being 29.0' .
from the side lot line where a 30' side setback is normally required, and said existing house
being 35' from the front lot line ,where a 50' setback is normally required, subject to the
following conditions:
1. Construction shall conform to the plans and footprint as shown on Exhibits A and
, ,
B attached.
2. ,Authorities granted by 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 (May 23, 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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of hunself, his heirs, successors and assigns,
, hereby agrees to the recording of this resolution in the chain of title of the
property. -
• Page 3 of 5
Fam 5005 Wsk Orono
7 ' ' ,
� O�
O Q CITY of ORONO
• `�$��e�=� RESOLUTION OF THE CITY COUNCIL
� ��''.' �:� : . .�+
,� � �, a,� �, NO. � � � �
Y, �
���� og�G .
E38
Adopted by the Orono City Council on this 23rd day of May, 1994.
AT ST:
� , � ,
othy M. al in, City Clerk Edward J. Cal 'an, Jr., Mayor
roperty Owner(s)
•
STATE OF MINNESOTA )
) ss. '
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of May,
1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & Ciry Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
- (/��
_- LINDA S. VEE
NOTARY PUBLIC - MINNESOTA Notary Public
HENNEPIN COUNTY
� My commission explres&12�8
• Page 4 of 5 .
� Fam 5005�isk Omno
? � . r
� �
� ��' ITY f �
O . . O � C o ORONO
• �`� ����=� RESOLUTION OF TFIE CITY COUNCIL
� C���. 7 �,3 ;, 17y �
,� � � ��� �, NO. :�, 4 `� � �
^
� ,, ti .�----...
G
�`��'EsBOg'�
STATE OF MINNESOTA )
� . ) ss. �
COUNTY OF HENNEPIN ) �
On this ��J�'h day of � ,h c , 199,,�.before me a Notary
e sonall a eared -i- R. I.b�e� i e
Public withm and for sai�c�unty,r r y rr � �
known to me to be the person(s) described in and hw o executed
the foregoing instrurilent, and acknowledged that he (they) executed the same as his (their) free -
. act and deed.
CAROLE A. HASEMAN a� 1
NOTARY PUBLIC—AIt�NE80TA
HENNEPIN COUN7y NOTARY PUBLIC
r�r coM��ssioro awtaES�z�ae
• .
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary
Public withi.n 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
I
• Page 5 of 5 . .
Fam5005 DlskOrono
�
�\ --• �
• --- \� ____�._ ,`�
, 9R�, —._ � \ �. i '
1 � � i�
\
`i� � ___.._ ' *F
� � — \� • / Y
�, � i �� ;�. ,
� �� , ` �-� '\\
,� * i '_'�
, �� . , � , �..
� ! t. - - - -- �
� ; i ', '�',,
� --._.— ----- \ ,`� ' �
� � �' �
� ; � ` �^\: � � \ .
; -- � '� , � , C
� i � ;'� �
� / ; ` �
� • � �
� ;
. � � ,
.
ti �
��' �
k � �
� ��.
��. �
� ��
, � �
ti� � ,
`h
� a • _ \
, ', ^
• �
�
�._—�. _.._..__ ,
' �- -� __` ._� �.
._.__. _ ',
�
� i � �, • � �
. •� .,
L � C 1
' �- --- `, . \
\ `�, �� \�
� -----
� � '��- \
,� ,- � � . _-�_l ,
� - � �------- �
,� �r� . � � �, • �� �
h ' � x
� � � '
; � ,
� �� � �'�, ! i ,
�'1,. � / i;-- j------ /
_.------ I e. / •�
� �
i � I i , �• , `- � �
� .. _..... �/ i � �
� ' � 1 � �l /
� . ; � �
�
� � ---- �
� . � �
i � �
� � . ��
• � M
�� �.
D
k �
� � � � �x�J�i 7-� 3 � 3 2 -
. � 12.�n►.�.c.tlnN l�b. �—�, �
4-, � Z
,�
r . y�
� CERTIFICATE OF SURVEY FOR
. PETER BOVEE � `
,
• IN THE SE 1/4 OF SEC. 35-118-23
HENNEPIN COUNTY, MINNESOTA
: 589°IS'06"E 277.43
m •�--,
� . �
_ _ " "__ _ _ " ' _ _ _ " "�64.9 " " ' _ _ _ _ _ _ _ '�. . . . . . �
3 '
�
�
0
� - -- - - - - — - - - - - - - -zna -- - - - - - -- - -
�
i
RwIbSE 0
' '�zso en�nti,ioN �
�� s6. � - � Edr�I;neoF
/ ^ �j•. `� SE%v of •-
/�O •-� � Sac. 35•r18-23
( ��P/'�� RSS?� '•'f0.o-•-
�y�" o �
' /r . . '1`'' a `��t .
�� `t 'rQ +`yX�oJy� �S�
� � ?sop' . S�t�4 �' � _ W .
�/ ^� ' �N ,
Q�1� �
/ o '
. Y '�SO �
\O� .
�9 ;'. N
� � .
� ��.
,'� �.
� Q.� ?��
, �
��
� �o .�°
4� � �
LEGAL DESCRIPTION Of PREMISES SURVEYED: b�
The West 277.4 feet of the East 464.9
feet of the Southeast. Quarter of
Sectlon 35; Township 118, Range 23 `
Hennepin County, lying nortli of County Road 27.
• Bearings shown are based upon an assumed datum.
, Tlils survey intends to show Lhe boundaries of tlie
above described property, and the locaCion of an
exlsting house thereon. it does not purport to
show any otlier improvements or encroacliments.
This survey sliows the location oE an existinq house in
relation to the east line oE the above described prop- ���`�l� � �
erty. It does not purport to show any other improvements
: or encroacliments. . � �
� p��, Na , � --�.
� .
I hereby cerlify Ihal�his survey was prepored by me ur under my direcl super onTe s-i9-9q
� � � � � � vision,and lhal I am a duly registered Civil Engineer and Land Surveyor undcr
�ilhe laws of Ihe Slale of Minnesola.
7 � SCALE /��=40�
_�f!�-1
Matk S.Cronbcrg Minncsnla Litensc Numbcr 12755 lOn No. 9¢-