HomeMy WebLinkAboutResolution 3320 \ �• ., ,.
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� CITY of ORONO
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� ��`� ;��"� RESOLUTION OF THE CITY COUNCIL
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'� ,i ��� ��, NO.
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2
FILE #1846
WHEREAS, Alan Upin and Leslee Upin(hereinafter "the applicants") are owners
of the property located at 740 Tonkawa Road within the City of Orono (hereinafter "City") and
legally described as follows:
That part of Lot 10 lying Southeasterly of a line drawn through it equi-distant from the
Northwesterly and Southeasterly lines thereof. Also the Northwesterly 25 feet measured
� at right angles from the Northwesterly line thereof of Lot 11, "Parten's Point First
Division", according to the recorded plat thereof, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) to permit construction of a 12'x19' attached
screen porch addition to the lakeside of the existing residence to be located 65' from the
shoreline where a 75' setback is required and where a grade level patio exists at 60', said
structure shall be located 5' in front of the average lakeshore setback line where no such
� encroachment is allowed and where a grade level patio exists 10' in front of the setback line.
Per Section 10.22, Subdivision 2 hardcover within the 0-75' setback area is proposed at 438 s.f. �
or 7.7% where none is allowed and where 584 s.f. or 10.3% exists and in the 75-250' setback
area hardcover is proposed at 4,610 s.f. or 45.2% where 25% is allowed and where 48% exists.
NOW, THEREFORE, BE IT RE50LVED by the Ciry Council of Orono,
Minnesota: �
� FINDINGS
1. This application was reviewed as Zoning File #1846.
2. The�property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area. The property consists of total area of 15,806 s.f. or .36
�� acres.
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• � � �?��=� RE50LUTION OF THE CITY COUNCIL
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3. The Orono Planning Commission reviewed this application on August 16, 1993,
and recommended approval of the proposed variances based upon the following
findings:
A. � The proposed improvement will result in a reduction of 2.5% hardcover
within the 0-75' setback area and a 2.73% reduction in the 75-250'
setback area.
B. The sloping elevations at the building setback line and existing mature
year round vegetation minunize the visual impact of the new structure
upon adjacent residences. �
C. The City has received no negative comments from the adjacent neighbors
notified of the variance request.
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• D. The steep lakeshore banks will minimize impact of structure upon lake
views from lakeshore.
4. The Ciry Council finds 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 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 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 applicants and the effect of the proposed variance on the health, safety and
welfare of the community. �
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� �' CITY of ORONO
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• '��el=� . RESOLUTION OF THE CITY COUNCIL
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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
construction of a 12'x19' screen porch to the lakeside of the existing residence to be located S'
in front of the average lakeshore setback line, 65' from the shoreline requiring a 10' or 13.3%
setback variance, hardcover variance in the 0-75' setback area of 438 s.f. or 7.7% and a 2,064.7
s.f. or 20.2% variance in the 75-250' setback area. Approval is subject to the following
conditions:
1. All hardcover improvements scheduled for removal shall be completed as shown
� on Page 5 of this resolution and shall be completed prior to the footing inspection
• for new construction. �
• 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 (September 13, 1994).
. 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. � .
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� O ;. Q CTTY of ORONO
• � �?;.=� � RESOLUTION OF TI� CITY COUNCIL
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,�, � � :a�� ,�ti No. � 3 � �
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E38
Adopted by the Orono City Council on this 13th day of September, 1993.
A EST:
Dorothy M H lin, City Clerk Edward J. Call an, Jr., Mayor .
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Property Owner(s)
�
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me on this 13th day of
September, 1993, 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.
G7irvu� �"�-
�•�. JAMIE L.BOSMA Not ry ublic
;���' ��` '� NOTARYPUBUC-MINNESOTA
� -- ' HENNEPIN COUNTY
" � " My Comm.Expires 12-19-97
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J • TOTAL LAND AREA= 1�806 Sq.FT. � . RESOLUTION � e� !"i � -
`f TOTA� HARD COVER ARF�1= ��¢7ZSQFT�'' '
� NOLo�es HARD COYER AREA = 34.6%'�OF TOTAL LAND AREA
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1ESCR1PT10N: TNE SOUTHEASTERLY �OOp�'4Y � ��l r ��'��= - �m
)NE-HALF OF LOT 10 AND TNE NORTH q�,Yo�r � � � � S
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'VEST�RLY ONE-HALF OF THE NORTH���E<<�NG �' ��r� Q}.
VESTERI.Y ONE-NALF OF LOT 1 �� �¢6 r�'. ^N�? . �`�
'ARTEN'S POINT FIRST DIVISION. 8.5 �`' ��
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� hereby certify thal this is a . true and correct representation of a survey of
ie b undaries of fhf� lend above described and of the locatio� ofailbuildtng�
a thereon, end all visible encroachments, if any, from or on said land.
vis this 7fih day of July , 1993. EGI►N, F i ELD i NO'wAK, ► G '
�te his 16th day of June , 1993 •
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1 Ho 413 8v k Na 'Z�59-3 bY
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� O ,. O CITY of ORONO
• � �=��'=' RESOLUTION OF TI� CITY COIJNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��ti day of Pr , 199 3 before me a Notary
Public within and for said counry,personally appeared � �,n 5 /e ;
v�h,,h� ah� w��e known to me to be the person( ) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
G��pLE A.HASEMAN �/Y s-/nJ /.• �
� ,�� NOTAAY PL�L�IC�MfMJES�TA
�: �� ,�_ i,� cauN&� NOTARY PUBLIC
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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
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