The URL can be used to link to this page

Home My WebLink AboutResolution 3362 iv .� 6195503 • O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ''j NO. 3 3 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FILE NO. 1888 WHEREAS, Paul and VeNita Schnebele (hereinafter "the applicants") are the owners of the property located at 835 Forest Arms Lane within the City of Orono and legally described as follows: Lot 4, Block 3, Forest Arms, 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 to the west and lakeside of the existing residence that will be placed 20' in front of the average lakeshore setback line where an existing structure is located 18' in front of the setback line and where no such encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1888. • 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 45,819 s.f. or 1.05 acres. 3. The Orono Planning Commission reviewed this application on November 15, 1993 and recommended approval of the proposed variance based upon the following hardships and unique findings: A. The majority of the house and other improvements are located within the 250-500' setback area resulting in an .excess of 8% hardcover. This pattern of development is consistent with the residential lots on the channel side of Forest Arms Lane where homes are placed closer to the TRANSFER ENTERED road taking advantage of the higher more graduated elevations. oFPT ()f rROPFPTY TM is PUBLIC wefts Q E C 7 1993 Page 1 of 5 W`�;lN �Uk DEPUTY Form 5005 Dish Orono Crtt O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. � 3 3 6 • ti B. Total hardcover on the property with the proposed improvements would be at 15.5%. C. The improvements to the structure are located completely within the 75- 250' setback area where only 12% exists and 13% is proposed. D. The City has received no comment from the adjacent neighbors receiving the most impact from the addition. E. The single story addition will have no more of a visual impact on the adjacent residences than the existing single story three-season porch. F. The improvement will meet all other required setbacks. G. Total structural coverage is proposed at 6.4% where the code would allow 15%. H. Applicant proposes replantings of defined landscaped areas that are currently lined with plastic. Applicant proposes the removal of plastic as landscape improvements are installed. Upon completion of the landscape improvements, hardcover will be amended as follows: 0-75' setback area = 10,725 s.f. Allowed = 0 s.f. Existing = 32 s.f. 75-250' setback area = 25,025 s.f. Existing = 3,023 s.f. or 12% Proposed = 2,373 s.f. or 9.4% (removal of 914 s.f. of plastic underliner) 250-500' setback area = 10,069 s.f. Existing = 3,827.9 s.f. or 38% Proposed = 2,464 s.f. or 24.4% (removal of 1,364 s.f. of plastic underliner) Page 2 of 5 Fain 5005 Disk Orono 4, O� O , O CITY of ORONO i,f.r� �' � RESOLUTION OF TH CITY COUNCIL IS" J ti NO. 332 $K 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 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of an addition to the west and lakeside of the existing residence to be placed 20' in front of the average lakeshore setback line, subject to the following conditions: 1. 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 (November 22, 1994). 2. 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. 3. 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 5 Form 5005 Disk Orono O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL A �9k'E3H�g4, Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 22nd day of November, 1993. AT , C T: oro by M. qn, City Clerk Edward J. Callah. , ., Mayor ate!4110. WC-7 71 Q� Prope • (s) d/< i e%�e STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of November, 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. Qi�cr.e��j No ry Public r. JAMIE L BOSMA ° NOTARY PUBUC-MINNESOTA l •,>Kw. HENNEPIN COUNTY .°•• My Comm.Expires 12-19-97 Page 4 of 5 Form 5005 Disk Orono , . . . . .. . , (O \ OIv 0'N. CITY of ORONO .4,-, RESOLUTION OF THE CITY COUNCIL P �� ./ NO. ey ca 1 ti 9gESK04 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �''g `�� day of Ai. de 1,7) bee , 199 3 before me a Notary Public within and for said county,personally appeared Papa/ SCh n eb e /6 a_iid.' if. K. Kch n P Lie /', ma rile i 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. A'e NOTARY PUBLIC - MINNESOTA (4,2_- ,, ,.-.' an HENNEPIN COUNTY j/;"��`�� '. 9c My commission expires e-t2� NO ARY 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 Page 5 of 5 Fam 5005 Disk Orono 4 • RESOLUTION # 3 3 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 November 22 , 1993 , 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 22nd , day of November , 19 93 Dr othy Ira lin , City Clerk (SEAL) ySd6c) Y.Y-) oh)G • 6195503 70EC• 310 1'1 861955€ .7 SCO $4.50 7OEC97.10: i_9 E:6195507 DOC $15.00 M CR If33DEC -7 flj ► : 18 rt 6195503 I