HomeMy WebLinkAboutResolution 3303 CITY of ORONO
RESOLUTION OF E CITY COUNCIL
NO.
6130012
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISION 14 (C),
SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2
FILE NO. 1833
WHEREAS, Laurence D. Eisen and Katherine E. Eisen (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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1833.
2. The property is located in the LR-1C 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
recommended approval of the multiple variance application as amended based
upon the following findings:
TRANSFER ENTERM A. 26' x 44' garage addition will be placed over existing paved area.
)EPf,OF PROPERTY TAX&PUBLIC RECORDS
B. Hardcover within the 0-75' setback-area has been reduced by 2.4%. Final
AUG 9 1993 hardcover at 24 s.f. or .3%.
N.000 MIN . Page 1 of 6
3Y DEPUTY
Fam 5005 Disk Omro
' r O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kES80
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
F"M asks
J
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
b; titi NO.
og�G
ESS
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.
T:
-thy M lin, City Clerkward J. Callahan ayor
Pronertv Owner (s)
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 PUBL"INNEM
• HDR64N COUNTY
sem,.• My Cann.Expires 12-19-97 No Public
Page 3 of 6
Form 5005 Disk Drano
• O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
ti
44t �G
x"-silo
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this g�)4 h day of .fes / , 199 3 before me a Notary
Public withi"nd for said county,personally appear6d L_n.ure ne a D. E 1 s e n and Kiri ne
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.
CAROLE A. HASEMAN
NOTMY KSUC-iIW4WA
' HENNEPIN COUNTY 1) �•
MY COMMISSION EXPIRES 623.0 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
Page 4of6
T=5005 Da dap
Ile
Gr b. 1
= 2� Inr
3x
M O I�G r
e
°
k11
� 3
oo
rp
w,/ •L �11'IL N _1IL
Q7 .� (��
L
♦ /'� �' Y M .� of ii. qI
ta
ZN o
LI
d � S y
r
.b
roo a Zr2 1 J
eo•e�
o� v �
— C C
tr
2 ` '2 t
V � C
v
` Page 5 of 6
�O
CITY of ORONO
O O
RESOLUTION OF THE CITY COUNCIL
G
�9kE88o4�
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
FM SODS M*OM
c
RESOLUTION # e
STATE OF MINNESOTA )
COUNTY OF HENNE?IN )
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 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 Witness Whereof , I have hereunto se-t my hand and seal this
13th day of July 1993
0 othy allin , City Clerk
(SEAL)
W4
6130012
OAUG9312:46 B6130012 SCD $4.50
�9AUG9312:46 B6130012 DOC $15.00
.y
c
93 AUG 9 P,y 12: 4
O.RECORDER
r.
i
t3x (Klr- ,qLs
�O�rh9.S- d.<o,, W- lye 1�7