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Home My WebLink About#1833 Recorded Resolution 3303CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 ~ #111 NO. <c,il V l 6130012 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDMSION 1 (B) AND SUBDIVISION 2 FILE NO. 1833 WHEREAS, Laurence D. Elsen and Katherine E. Elsen (hereinafter "the applicants") are the owners of the property located at 2879 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 Sections 10.03, Subdivision 14 (C) to permit structural improvements that will result in 117.7 s.f. or :4% with total structural lot coverage at 3,709 s.f. or 15.4% where only 15 % is allowed and per Section 10.22, Subdivision 1 (B) and 2 seeks a 16' average lakeshore setback variance for a two-story enclosed addition where no such encroachment is allowed and hardcover variances within the 75-250' setback area for structural replacement and new structural additions resulting in 5,257.4 s.f. or 36.9% hardcover where 5,224 s.f. or 36.7% exists and where 25 % is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1833. 2. The property is located in the LR-lC Lakeshore Residential Zoning District requiring one-half acre or 21,780 s.f. in area. The property consists of 23,942 s.f. or .54 acres. 3. The Orono Planning Commission reviewed this application on June 21, 1993 and recommerided approval of the multiple variance application as amended based upon the following findings: ENTEIINID DEPT. Of PROl'fRTY TAX & PUBLIC RECORDS A. B. 26' x 44' garage addition will be placed over existing paved area. Hardcover within the 0-75' setback area has been reduced by 2.4 % . Final AUG 9 1993 hardcover at 24 s. f. or . 3 % . • Page 1 of 6 form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Jj (D f) '] -; C. The proposed loop drive with limited backout apron will minimize tree removal within street yard. D. Installation of the new access drive will not result in an excess of hardcover within the 250-500' setback area and will result in 371 s.f. or 12.4% hardcover where 30% is allowed. E. All neighbors notified during this review have been shown the improvement plans and have voiced no objections. 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 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 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 City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances 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 Sections 10.03, Subdivision 14 (C) and Section 10.22, Subdivision 1 (B) and 2 to permit the construction of a 26' x 44' garage/storage addition to the street side of the residence and a two-story 16' x 26' addition at the lakeside and the reconstruction of upper and lower decks. This approval is subject to the following conditions: 1. All hardcover removals as shown on Page 5 of this resolution shall be completed prior to the footing inspection for the new construction . 2. Any mature planting to be removed as a result of paving improvements shall be replanted within street yard. Page 2 of 6 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. r:'-1 (} 3 3. 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 (July 12; 1994). 4. 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. 5. 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 12th day of July, 1993. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of July, 1993 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. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 Page 3 of 6 rormSOOS Disk Orono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ;3 tl O ~:; On this o!O-f h · day of ~ / , , 199 -2._ before me a Notary Publicwithinandforsaidcounty,personallyappeaJd L{kure.nee o. eben c..vid. Kr;fhey,/ne f. e/5e 111 bt..>Sb 11 J ""-\\life, 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. CAROl.E A. HASEMAN NOTARY PU!!LIC-MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 11-23-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) GaK.~ o. Ji,✓~ NOTARY PUBLIC ' 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 4 of 6 form 5005 Disk Orono \ . :; . :·~ '~·'}r' ~ 1 \) t2 -1 .a \D 0 t-.1 ..J J i= > [I \'I 0 ., < d. ~ J \jl.; ~ J 0 i 3 :r Ill J 1~ U11\II :z.; .J Page 5 of 6 a . 0 tC -() "' .. • \\\ r w ..J {\ ~ 'f' \!) ~ ~ .1-U I --1 < II CITY of ORONO RESOLlITION OF THE CITY COUNCIL NO. 'i :' Exhibit A Legal Description That part of Lot 110, Spring Park, lying Northwesterly of the Southeasterly 90 feet thereof, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Also, Lot 101, and the Northwesterly 1/2 of Lot 100, includ ing all land lying between the Northeast line of Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the ~southeast line of said Northwesterly 1/2 of Lot 100, extended to Lake Minnetonka and bounded on the Northwest by the Southeast line of Carman Avenue, and including the vacated portion of Lake Shore Avenue lying adjacent to prem ises, all in Spring Park, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Page 6 of 6 fe<m SOOS Disk Orono .( STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) -RESOLlJrION # S 3 0 8 I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore ·going cop.y of c1 resolu t ion o f the City Council of the City of Orono with the original reco r d of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 12 , 19 93 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In W i t n es s W he r e o f , I ha v e her e u n to s e ·t my hand and sea 1 th i s 13th , day of July , 19_9~3 __ allin, City Clerk Bx '{qr -Jv'[LS. u/,,r/tts -t.lrv:.o L ff-_ o1> 6130012 9AUG9312 :46 B6130012 SCO $4 .50 9AUG9312:46 B6130012 D □C $15 .00 I ,IGL 9 PH 12 : 4 I ~ e:3 Au ~ ,6}2[}01 ~~ ... f .' \ /l !" ""1 ~., 'l h.J 1,.,· -:,,-, 'l •/~ 7 7(