The URL can be used to link to this page

Home My WebLink AboutResolution 3322 .. - .. � � O� __ O .. O CITY of ORONO • � =�� RESOLUTION OF TI� CITY COUNCIL � �� , � �, NO. e� c� F_�`-. � s �, ti ��9� og�G E3I; A RESOLUTION GRANTING VARIANCES TO MUNICII'AL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND SECTION 10.24, SUBDIVISION 5 (B) FILE #1853 WHEREAS, Richard E. and A. Jean Engebretson (hereinafter "the applicants") have an interest in the property located at 1180 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 9, Auditor's Subdivision No. 217, described as follows: Commencing at a point on the East right of way line of Hennepin County Road No. 135 distant 1141.25 feet Southeasterly, measured along said right of way line, from the intersection • of the North line of Lot 10, Auditor's Subdivision No. 217, and said right of way line; thence Northeasterly a distance of 143.2 feet to a point which is distant 1004.29 feet perpendicularly distance from the North line of said Lot 10, said Auditor's Subdivision and continuing on said line a distance of 36.2 feet, more or less to the shoreline of Maxwell Bay; thence Northwesterly along the shoreline of Maxwell Bay to a point which is distant 125 feet perpendicularly distance from the above described line; thence Southwesterly parallel to the above described line a distance of 205.3 feet more or less to the East right of way line of County Road No. 135; thence Southeasterly along said right of way line a distance of 125.04 feet to the point of beginning, 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 new residence to be located 56' from the shoreline where a 75' setback is required and where the existing structure is located 50 7 , and an average lakeshore setback variance for the residence structure that will encroach 6' where no such encroachment is allowed and where the existing structure is 21'. Per Section 10.22, Subdivision 2 hardcover within the 0-75' setback is proposed at 9.6% where 15.8% exists and where none is allowed and in the 75-250' setback 4,086.5 s.f. or 27.5% is proposed where only 25% is allowed and where 23% exists. Per Section 10.24, Subdivision 5 (B) the redevelopment of the properry will require approval of an area variance as properry equals 26,132 s.f. or .59 acres where 1 acre is required. • � . Page 1 of 5 � Fam 5005 OIsM Wono a � �� . O :. O CITY of ORONO • � ;�.T� RESOLUTION O � C COUNCIL `� ��. �,�� ti NO. � "' `� � '�,� : a, Gti �9�'ESH�g'� . NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1853. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The subject property consists of 26,132 s.f. or .59 acres. 3. The Orono Planning Commission reviewed this application on August 16, 1993, and recommended approval of the proposed variances based upon the following findings and hardships: - • �A. The lot lacks depth. B. Steeper topography and higher bluff to the west side of the lot provides a visual and sound barrier to the adjacent Counry Road. If the house was to be placed further out of the average lakeshore setback, the hill would have to be altered requiring major excavation. The existing house has existed for over forty years was placed closer to the lake so as to take , advantage of the existing topography. � C. Turnaround is needed on site to provide safe access to busy County Road. D. Several mature trees exist on the properry and the proposed redevelopment � of the site will conserve and attempt to save several of these trees. . E. Property to the north has extensive fencing and vegetation and is located at higher elevations. F. Only a comer of the proposed residence on the south side will encrbach . the average lakeshore setback line of 6'. • . � Page 2 of 5 � Fam 5005 Oisk Omro C � O� � CITY of ORONO O :,.�� T O � � RESOLUTION OF THE CI'�'Y COUNCIL ,• � � , �, � �� , NO. � c�' � �w`- ' Y � ��9�' Og'�G � ESS , G. Hardcover within the 0-75' setback has been reduced by 6.2% and total � . hardcover on the property is maintained at 19.8%. ' H. Hardcover within the 0-75' setback area shall be maintained at 1,089 s.f. or 9.6% and in the 75-250' setback area hardcover shall be maintained at 4,086.5 s.f. or 27.5%. 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 properry; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is neeessary 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 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 communiry. � . CONCLUSIONS, ORDER AND CONDITIONS . Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a residence measuring 43'x50' requiring a 19' or 25.3% lakeshore setback variance, a 6' encroachment of the average lakeshore setback, 9.6% hardcover variance within the 0-75' setback area and a 2.5% hardcover variance within the 75-250' setback area. This approval is subject to the following conditions: 1. 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). • Page 3 of 5 Fam 5005 IXsk Qaw � ��1�' I f O : O C TY o ORONO � �`� ?�.�� RESOLUTION OF TI� CITY COUNCIL � ��. � � • � `e� 3 � � ,� � ., a� �, NO. Y � �� o4�G ESi; 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. Adopted by the Orono City Council on this 13th day of September, 1993. A ST: • Dorothy . H llin, City Clerk E ward J. Ca an, Jr., May , � �� . roperry Owner(s) STATE OF MINIVESOTA ) ) 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. �T�'L��-MINNE80 A Notary Public f HENNEPIN COi1NTY MY CpMPAISSION�(PIRE9&23�98 . • � Page 4 of 5 ►��a�� .. . . � O� . O :. O CITY of ORONO � � :�.=� RESOLUTION OF THE CITY COUNCIL � �� .:: � � � � � .� � � ti. .y � �, NO. , ti ��9� og�G ESS STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this n/ �- day of �.P �� -Q� , 199 -3 before me a Notary Public within and for said county,personally appeared �'��', Er��P��efS�h , /yjQ��,• �f known to me to be the person(s) describ d in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � r • �. LINDA S. VEE �� QQ_ NOTARY PUBLIC - MINNESOTA � HENNEPIN COUNTY NO ARY PUBLIC � My commission expires 8-12-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / � day of �G-��er , 19� before me a Notary Public within and for said county,personally appeared � �P�h �i�Ge,G�e.�so�, t�-�arr;e� known to me to be the person(s) describ d in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , . LINDA S. VEE NOTARY PUBLIC - MINNESOTA ",+" � � HENNEPIN COUNTY �w /„�, fGC� My commission expires&12-98 N T Y PUBLIC • . Page 5 of 5 � , Farm 5005 Dis4 Qaw �