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Home My WebLink AboutResolution 3386 � - • �. O� � CITY of ORONO O :,� O � • � ,e�'+=� � RESOLUTION OF THE CITY COUNCIL a! ��' ,., .. �,, � � � �1. .n��' �, N0. c� e� � 4 i . . '�� , b, �ti, G `9�'ES�I�4�' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 (B) AND 2 � FILE #1896 WHEREAS, Allan J. and Judith A. Klotsche (hereinafter "the applicants") have an interest in the property located at 2760 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot A, Registered Land Survey No. 1196, Orono, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit construction of an addition that will encroach the average lakeshore setback line by 8' where no such encroachment is allowed and a variance to Section 10.22, Subdivision 2 as the proposed improvement will result in a hardcover increase of 218 s.f. or 1.1% where 5,799.3 s.f. or 31.1% hardcover exists in the 75- 250' setback and where 6,017.3 s.f. or 32.2% is proposed and where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1896. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 29,014.1 s.f. or .66 acres. 3. The Orono City Council reviewed this application on February Y4, 1994, and recommended conceptual approval of the proposed variances based upon the following findings: � Page 1 of 6 � Fam SU05 O�sk Orono � ��' CITY of ORONO O ;,, O • , ,e�=� RESOLUTION OF THE CITY COUNCIL a ��'. ' ,, � � � 3 � � ,� � �Y :a,� ��, N0. ��x o4�G . ESS A. 1,872 s.f. of a driveway easement area that encroaches the property has been deducted from the total lot area of 30,886.1 s.f. B. The area of the easement not covered with hardcover improvements would offset the 1.1% increase in hardcover proposed by this unprovement. C. There is no hardcover within the 0-75' setback area at 10,380.8 s.f. D. The proposed total hardcover for the property would be at 20.7%. E. There is no additional contiguous area available for applicants to acquire to offset hardcover excesses. F. The design or angle of the addition was specifically chosen to minimize the obstruction of lakeshore views of the neighboring property owner to • the north. The property owner to the south is not impacted by the lakeside addition. G. A large pine tree within the lakeshore yard akeady obstructs northern neighbor's view of lakeshore and addition falls well behind the pine tree. H. The existing layout and floor plan of the existing house and garage on the property, the driveway easement on the east, the treed area on the west and the street to the south and the steep topography in the rear yard makes any additional removals of hardcover in the street yard impractical and ineffective. 4. The City Council fmds that the conditions existing on this properry 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 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. • Page 2 of 6 Fam5005 DiskOrono � ��' CITY of ORONO O :,� O • � ��?��=� RESOLUTION OF THE CITY COUNCIL � �� ,' ,�+ � �, '.tl�� , NO.� � � � '�►� ., �' Gti �`9k'E3H�g'� 5. The City 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the construction of an addition to the lakeside of the existing residence to be located 8' in front of the average lakeshore setback line and will result in 6,017.3 s.f. or 32.2% total.hardcover resulting in a variance of 1,359 s.f. or 7.29%, subject to the following conditions: • 1. All hardcover improvements scheduled for removal shall be completed prior to the final inspection by the Orono Building staff for the new construction. Hardcover removals shall include the following numerically keyed improvements as shown on Page 6 of this resolution: 6, 10, 11, 12, and 13. 2. 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 permit within one year of the date of Council approval, or this variance will expire on that date (February 28, 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. • Page 3 of 6 Fam 5005 Disk Orono � ��' CITY of ORONO � ��$.,� � � • .:,�-� ,� RESOLUTION O�F THE cITY COUNCIL � �� '.' : •�'► � e� � � ,� � �y a,�' �, N0. ti �� o¢�G E38 Adopted by the Orono City Council on this 28th day of February, 1994. AT T: �• o thy M. al , City Clerk Edward J. Call , r., Mayor . � �iC� � . Property w er(s) G , ' - • Pr�p rty Owner(s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of February, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ' J �/`�� LINDA S. VEE N0�1 P1.1b11C q No FiENNEPIN COUNTY TA t..x � ��,iv Nly commission expires 8-12-96 , ,, • Page 4 of 6 Farm5W5 DlskOrom y . n � O� O .. O CITY of ORONO . • " ,�9�?;�=� .,.� RESOLUTION OF THE CITY COUNCIL r� ��. ,.� ,'�,- a�a , . ,�, � �', �� ti N0. � 3 b � ti, �, ti ��9� og�G Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HEN�EPIN ) On this �,� day of .� �,t a. , 199�before me a Notary Public within and for said county,personally appeared / n � /af �e- � �t d�"�i /o fsclr e m�r�.`e� known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ` �r LI�VDA S. VEE ' ;'` � hOTARY PUBLIC - MINNESOTA �� ,/� � ��Q� Y �� HERINEPIN COUNTY «- � ,�� My commission expires&12�88 NOTARY PUBLIC � STATE OF ��P�A ) rowcr�� ) ss. COUNTY OF ) • On this `a`' _ day of �Q� M _, 199�{before me a Notary Public within and for said county,personally appeared��cva r d. F•F�� a��- �`�`�e• ��L�'� known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. OFPIC L I��AI'�1'Si's�,L ��l��$A �AfTC��P�� B.A,RB�IRA A�SfE'CI-IE3.L N�JT�.RY I�UBLTC StYtI'�OI�fi,�j:.r'�"u''e: � COrSMISSi�i�hC�.Cr?7��f�J ` a ,!rt c��1�s:.:t�zn�•f�:�:��%�,"��:':��r?,.� NOTARY PUBLIC ,_...�.--m--- 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 � � Page 5 of 6 ' . ro�saosa�ao�o ....nMJOF�^�F.+.. �� _. ...... . , -... .� . ..... . ,..•� . ORDIN�� — LAK� MINN��ONKA � � _ �� ' ' ` � EL �-- .,,. ,,,,, � _ 4'� ,� •►� I � � � �� • �7 � � � � �/ � _' -� �_ �� '��' ��. �,�,.�.�� ' �� ' ' i�` +� �'1 �` ir: �� ` � � \ � �.� ' � `�28'65,f� � ` - r � ` �- — — 106.35 — — I i , ; \ � I ► t � � � . � LOT SUR�EY � ' EGiSTERED LAND SURVEY NO. 1196 �� R : � � � � ,. ��.o . � � ONO MINNESOTA . � � OR � 75' Sefback � From O.H.W. � ' �g NENN�PIN COUNTY � � ; / 1 ce�o .__"�". ----...� . � ---�� ' I �< J -� _"— --- .,_.,., / I ; 41' o � � � - - - ~� 2� coNC. sowx. I � �� 0 1e o N � � 4� O __ 8 �� • � � W 000 OECK N . 34.88� 13 l�' 32./ ` 3'WIOE CONC. PATIO ' � 1 'g.s�. , ?.d p I (OUTSIDE OF WOOD OE ) r.�`; �, '� ��2�� . � , �i �� I 15 56.50 ' Proposed � n; 2620_._� � �� 752.89 SF / 9 Lake ) � � Addition � ! •IROf� � � 3� �� W10E W O�0 STAIRWAY _ _. _-_ _ _ _c, : _ _ ,, .HovsE � .__ ; .�' Fo� . �� i p I 4 R E T. W A t I. �.40 . 1 ,- w000 oE�K ry o1R0� ' � ^ SE7 � � �-15.9�' � r � ��/ r � �� 2.00'�` �� 2��0`\ j s,g'��is\ .90' i 7 . ~ p p��--x � REY• � GARAGE cb� ep ~4.� � 5 �--�-�W000 DECK K � +� wa�t N 3 11 ry 6� 12 \� � �s ''� a . ''' -- �� + 37,gp• j,�,30.20�"—�S 5 �J ��• l '—��v� �-- . �+'HovaE 6• � � d � • .�-� 4.0 � �'l� CONC�p O`8 00--- '` ' O � ,�,� � �t' - + .__-- \+ Q �o y �� 1 A.� � N ) 4 w � o a` D��W I CHAIN O >_ � �I AY — --- � � L1NK � N � oo wn�xw -: o � / fx—� FENC � _ ?5.0��-- — DRIVEWAYT NOSE` x _ 1 4A pOCUM EN -!X � � —'" R ET. / / WAL ' � � � l. �►�lDSCAf S}�p►pYW00D ROAD PLASTIC p �9� o ,��ATES �CpU�1TY ROA AREAs 3 � � � I HEREBY C�RTIFY 7HA7 ?N��E�( REPORT W PS RV SION I►ND THAT . DI RECT SU E REGISTERED LANDNESOTA� uN�4 THE ST/►TE OF MIN - D�TE�f-.I �"—� EGISTAI►TION N' Page 6 of 6 • .