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Home My WebLink AboutResolution 3461 � O � � � + O �, Q CITY of ORONO . • �:�� ,� . RESOLUTION OF THE CITY COUNCIL �'' ' .� A, � '� �� a� ��, N0. � � s � ��9� Og�G ESS . A �SOLUTI�N APPI�.QVING VARIAI�TC�S`T�O �j . MUNICI�'AL Z�N�N� �Ol[3 { � SE�T�ONS 10.22, SUBI)i'�Ii��i 1 (A) AND SLTBDIVISIOI+1 2 FILE #1941 'V�IHEItEAS, LeRoy J. Fischbach and Wanda L. FischUach (hereinafter "the applicants") are the owners of the property located at 3135 North Shore Drive within the City of O:•ono (lier.einafter "City") and legally described as follows: Tracl A, Registered Land Survey No. 1113, �ienn�pin County, Minnesota (hereinafter • "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zotiing Code Section 10.22, Subdivision 1 (A) to permit construction of a two story addition and upper level deck that would extend 2T from the shoreline of the adjacent lagoon where a 75' setback is required and wher� the existing struccure encroachPs ��ithin 27' of tl�at sl�oreliiie ancl a variance to Section 10.22, Subdivision 2 as hardcover wikhin the 0-75' setback arca is proposed at 3,195 s.f. or 10.6% aiid where 3,694 s.f. or 12.3% exists and wher� none is allo��ed. � � NOW, TI�EREFORE, BE I� k�S�LVED by the City Council of Orono, Ivliru�esota: ' FINDINGS 1. This application «�as reviewed as Zoning rile #1941. 2. The property is located in the LR-1B, Lakeshore Residential Zoning Districl requiring 43,560 s.f. in area. The property consists of 43,529 s.f. • , Page 1 of 6 � Fam5005�iskOmm �. ' • O� � CITY of ORONO O O • ��''��=� RESOLUTION OF THE CITY COUNCIL ,''�,� ��'�, <�:� � N0. :; � G--� : ti, ��9� og�G Es8 3. The Orono Planning Commission reviewed this application on 7uly 18, 1994 and August 15, 1994 and recommended approval of the variance application as amended based on the following unique findings and hardships: A. 80% of the total property is unbuildable. B. The original structure was placed on property in 1973 prior to current lakeshore setback standards. C. The majority of the existing house is located within the 0-75' setback area. D. The interior lagoon connected to main lake by a dredged channel is � considered part of the main lake placing greater setback restrictions on • building envelope. E. The current proposal involves decreases in hardcover within the 0-75' and 75-250' setback areas as follows: In the 0-75' setback area there is a 499 s.f. or 1.7% reduction and in the 75-250' setback area there is a 1,889 s.f. or 14% reduction. 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 tra�c conditions, light, air nor pose a fire hazard or other danger to neighboring properry; 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 Zoning Code and Comprehensive Plan of the City. 5. The Ciry Council has considered this application including the fmdings 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 6 Fam 5005 Disk Orono ,_ ` " . � O� O : : O CITY of ORONO • �`�'�?e�=� RESOLUTION OF THE CITY COUNCIL � �� ' ---' _,. ,�, ,�, � �', �,� ti No. :� 4 f � ; ti - '�� og�G ESI; CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a setback variance of 48' or 64% for the lakeside two story addition and upper level deck and a hardcover variance within the 0-75' setback area of 3,195 s.f. or 10.7% subject to the following conditions: 1. Upon application for a building permit, applicants must provide an updated � survey showing location of all existing and proposed improvements to be accompanied by a detailed grading and drainage plan. If it is found that new addition will encroach any closer to lagoon than existing structure, applicants will be required to file an amended variance application with both the City,and DNR. 2. All landscape areas underlain with plastic.shall be removed 'prior to the footing • inspection for the proposed new construction. 3. Applicants to provide necessary erosion control along the shoreline of the pond and wherever deemed necessary by the Orono Building staff prior to any land alterations on this property. 4. ' Applicants have agreed to replant specific mature evergreens to be removed as a result of these improvements. Applicants have submitted a site plan indicating existing and proposed plantings in the 0-75' setback zone included as page 6 of this resolution. Plantings are to be completed prior to the final inspection for the new construction by the Orono Building Department. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building pernut within one year of the date of Council approval, or this variance will expire on that date (September 12, 1995). 6. 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. • Page 3 of 6 ►�saas a�o�� 1. �� ' � F � ��' CITY of ORONO O O • �`�°?��=� RESOLUTION OF THE CITY COUNCIL r� ��. ' •„� ; ,�,,, ,�, � �, bF� ti No. � 4 61 �, a, ti '�'�� Og�G Es8 7. The undersigned applicants have read, understood and hereby agree to the term's 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 properry. Adopted by the Orono City Council on this 12th day of September, 1994. EST: ' � f Dorothy , . llin, City Clerk Edward J. Ca ahan, Jr., Mayor r • G� ro` e- wner(s) . STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 12th day of September, 1994, by Edward J. Callahan, Jr. &Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .. ��Wt�Jh S 11EE � .� � �,�.� �„ . �! • � , �wwM Notary Public yrirr �1��J1�� • Page 4 of 6 � Fam5U05 DiskOrono w ' i� 'n► . , � O� O ,: . Q CITY of ORONO � �'�,e�=� RESOLUTION OF THE CITY COUNCIL �, ��', '�;� �, No. 3 4 6 1 ; ti �� o¢�G Es8 " STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �/'�h day of �,,,,Fr„ , 19�before me a Notary Public within and for said county,personally appeared_�,�n n�/�. /.. �'y�.�, rnsrr►.'ec� 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. ' M�AM�!� . r : CA�I.EK��1. . � � �� NO ARY PUBLIC • � M MYCanmdssionExp�S,bn.31,ZiMfO STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��1i-� day of �-��'u.ar , 199�before me a Notary Public within and for said county,personally appear d ��/�� f� F:s c�i b a��i /�'t a r.-;P� known to me to be the pers n(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 PUBLPC-MINNESOTA �GC� � v�� ' e�: HENNEPIN COi1NTY NOTARY PUBLIC . �-�•••' My Commission Expires Jan.31,2000 • . Page 5 of 6 Fam5005 DiskOrono