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Home My WebLink AboutResolution 3456 O O Q CITY of ORONO RESOLUTION OF TE CITY COUNCIL NO. (1;,) �9x'ESH�g� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 1945 WHEREAS, Robert L. Wolff and Velma A. Wolff(hereinafter "the applicants") are the owners of the property located at 4450 Forest Lake Landing within the City of Orono and legally described as follows: Lot 11, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"): and WHEREAS, the applicants have applied to the City for variances to the Municipal Zoning Code to permit construction of a 10' x 14' three season porch within the envelope of the existing deck at the lakeside of the residence requiring approval of the following variances: 1) Section 10.03, Subdivision 14 (C) - Lot coverage or structural variance. Allowed = 1,587.9 s.f. or 15% Existing = 2,052 s.f. or 19.3% Proposed = 2,052 s.f. or 19.3% 2) Section 10.22, Subdivision 1 (B) - Average lakeshore setback. Allowed = 0' Existing structure = 26' Proposed three season porch = 26' 3) Section 10.22, Subdivision 2 - Hardcover within the 75-250' setback area. Allowed = 1,690 s.f. or 25% Existing = 3,513 s.f. or 51.9% Proposed = 3,080 s.f. or 45.5 % Hardcover reduction = 433 s.f. or 6.4% Page 1 of 6 Form 5005 Disk Orono • CITY of ORONO 44*,, RESOLUTION OF THE CITY COUNCIL '.4 C - ti NO. _ 3456 - .tAkEBIIo** 4) Section 10.24, Subdivision 5 (B) - Side yard setback for intensification of structure within substandard side yard. Required = 10' Existing = 6.5' Proposed = 6.5' Variance = 3.5' or 35% NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1945. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 10,586 s.f. or .24 acres. 3. The Orono Planning Commission reviewed this application on July 18, 1994 and recommended approval of the variances as amended, based upon the following unique findings and hardships: A. The City has received no negative comments from the neighbors to either the north or south. The structure will have a minimal impact on the residence to the south side. The residence to the north will not see the porch as it is located at southeast side of the residence completely out of the view of the residence to the north. B. The residence was constructed prior to the current lakeshore/shoreland standards. C. The property does not meet the current standards of the LR-1B zoning district requiring one acre in area. The subject property consists of 10,586 s.f. The required lot width is 140'. The average width of the subject property is 54'. Page 2 of 6 Form 5005 Disk Orono . . . . 1,. 0 N.O CITY of ORONO � O RESOLUTION OF THE CITY COUNCIL �;.) , ' � , No. 3456 • ' vAlt ' e, ,t ,-.0, + otici 0* sii 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 fmdings 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 the Municipal Zoning Code Sections noted above that would permit the construction of a 10' x 14' three season porch at the southeast corner of the existing lakeside deck approving an intensification of a portion of the structure that encroaches the average lakeshore setback line by 26', a side setback variance of 3.5' or 35%, intensification of a portion of the structure that encroaches the required side yard, lot coverage variance for an intensification of structure where excesses of 464.1 s.f. or 4.3% exist, and a hardcover variance within the 75-250' setback area of 1,390 s.f. or 20.5%, subject to the following conditions: 1. All hardcover removals as shown on Page 6 of this resolution shall be removed prior to the framing inspection for the new construction. Applicant shall contact Building staff to confirm hardcover removals. 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 (August 8, 1995). Page 3 of 6 Form 5005 Disk Orono o � CITY of ORONO O RESOLUTION OF THE CITY COUNCIL e, ti NO. 3456 ESHfg' 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 8th day of August, 1994. ATTEST: tz 41 2 /11/‘.• Dorothy M. Hallin, City ClerkEdward J. Callah r., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of August, 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. Notary Public Page 4 of 6 Form 5005 MN Orono k' CITY of ORONO O �,� O RESOLUTION OF THE CITY COUNCIL tr' ti NO. 3456 41kESBov' 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 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 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 Page5of6 Form 5005 OM Orono „,, ,.;. .,, ,,.., ,...:,....;•,,:,.;.‘,••,.,1,,,;:"..,,,y'..,.., .;.,•.r,e'T.,-.4•‘,-;..-4.;.•.•,...,„:•••• ”4triai,,,....4„, , 1 ,t„(4,...:; • • ,,.,...- , ....--..c.,..., .,,, ':':.'. 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LI 76 . .... •\ti .0‘ i \ CD\ • A k 0 -- \./. ..- -......42: , , '- .-' ' . . \.• . . Page 6 of 6 /' ...---- . .-- .,--- 0 .., W tr r4 RESOLUTION # 3 4 0 0 Y 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 Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ August 8 , 1994 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 10th , day of August , 1994 . i() 1,(1 / - 0 , 1 _ orothy^M. +ilin , City Clerk (SEAL)