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Home My WebLink About#2543 Recorded Resolution 4436_,. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4 4 Sf? NO. _____ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (L) (2) FILE #2543 WHEREAS, Theodore R. Edin and Judith A. Edin (hereinafter "the applicants") are owners of the property located at 3025 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Tract A, Registered Land Survey No. 395, files of Registrar of Titles, Hennepin County, Minnesota, lying Northerly of the following described line: Beginning at the Southeasterly corner of Tract B; thence Southwesterly along a line drawn through a point on the base line sho-wn on said R .L.S., 80.00 feet Northwesterly from its intersection with the Southeasterly line of said Tract A, to the shore of Lake 1v1innetonka and there terminating: and That part of Tract B, said R.L.S. No. 394, lying Southerly of a line drawn parallel with and 50.00 feet Southerly from the Northerly line of said Tract B, said 50 feet being 50.00 feet measured along the Easterly line of said Tract B, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23 .2%), where 3 ,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allowed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the average lakeshore setback and Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of 6,118.45 s.f. (67.7%), where 6,960 s.f. (77 .11 % ) exists and 2,256 .5 s.f. (25%) is allowed to permit replacement of an existing second story lakeside deck. Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~~ 4 ;y (!• l';! NO. e.:~ r.·.""· iJ-;; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2543. 2. The property is located in the LR-lC Zoning District, where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of .35 acres or 15,390 s.f. 3. The Planning Commission reviewed this application on March 20, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. Lot coverage is being reduced from 3,589 s.f. (23.3%) to 3,576.45 s.f. (23.2%). B. Hardcover in the 75-250' setback area is being reduced from 6,960 s.f. (77.11%) to 6,118.45 s.f. (67.7%). C. The lot is unusually small and narrow for the LR-1 C zoning district. D. The residence was built prior to the current zoning standards. E. Encroachment into the average lakeshore setback will not adversely affect the neighboring property. Page 2 of7 CITY of ORONO J>., ~< ~ut RESOLUTION OF THE CITY COUNCIL ""i:..-od. NO 4 ll ~ ~ ~l:l 1),• • ~-~--n 5. 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. 6. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (23.2%), where 3,589 s.f. (23.3%) exists and 2,305 s.f. (15%) is allov,:ed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the average lakeshore setback; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area of 6,118.45 s.f. (67.7%), where 6,960 s.f. (77.11 %) exists and 2,256.5 s.f. (25%) is allowed to permit replacement of an existing second story lakeside deck. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The applicant shall remove plastic from rockbed on the property within 90 days of receiving a building permit. Page 3 of 7 CITY of ORONO p.., ~~uo~~l RESOLu:,~.N OF .tJ 1;~; COUNCIL 3. The applicant is advised that the hardcover items and percentages approved with this resolution are approved only in conjunction with the approved plan, and this approval does not intend to grant approval for any other future plan that may be proposed in the future at the same hardcover percentage. 4. 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 (April 10, 2001 ). 5. 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. 6. 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 4 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 3 6 Adopted by the Orono City Council on this 10th day of April, 2000. ATTEST: 1~Ltf/ 1 t/ge / Linda S. Vee, City Clerk ~~- ~~±-it~ Property Owner(s) c.5-~ ~-a~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. MARY ANN ,JOHNSON NOTARY PUBLIC· MINNESOTA My Commission Expir'35 Jan. 31, 2005 4~~~-Notary blic ? Page 5 of7 STATEOFNITNNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL A 4 9 If" NO. c"':lt. """ ¼P n On this 2n cl. day of // l/j w.s ·+ , 200 c?before me a Notary Public within and for said county, personally app ed Tb eod'oqe /<. EJ,·n ct.nJ ..JllJJf~ Jl--_ EJ,·,.,_ &:,e,et'ecl known to me to be the person(s) described in and who executed the foregoing instrument,~d acknowledged that he (they) executed the same as his (their) free act and deed. MARY Atm JOHNSON NOTARY PUBLIC -MtNNESOTA My Commission Exp:rvS Jan. 31, 2005 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) /1/ ML aM(/ w~ Notary Pui5'iic (/ On this __ day of ________ , 200_ 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 ackno~ledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of7 "Cl )) q ~ '1 ' -i') ..J --~ ---. ---\ fl!)'••· ---• ••• \o.i'?l ....... •'i:.··· ----CJ?, •• ~"\4•Al';,1-'______ ~ t ---'te- ---..l '-" __ -., --' e. e. ~ I ft\' ------\ . / \ . \---... ~-_) I -,• • -'1' • / ~ ,•· ii EXIST~ __.-••----•' ', I HaJSe __.-•' \ --~ ~ ·1 ----$ ~ ~ 1 -------- > ~ \ ~ I ,,/ c:I>• C:.• ----• ~ ~ ~ w ------b.-.:-· \ ~ --__ ,,11/0•,q;b.~ ~ ------•·"~ I ----• ~H· I • \ ------1 -- ' ----- \\\ 'v------- :)N5TRUCTED BY PANELCRAFT OF MINNESOTA, INC. ~ l) )\ C .I )) h w+ 5 SITE PLAN SCALE: 111 = 30' oo-ooes , Joa Nlt16ER TED , JUDY EDIN , CUSTOMER NAME ... 31Z>25 CASCO POINT ROAD I STREET . tT.l WAYZATA, MN_553SI , CITY , ~ 612-411-8621 , I-IOME FI-IONE r::i NIA , UX,RK FI-IONE (HIS) .. ::..· · NIA I UX,RK PHONE (HERS):. ► DECK ADDITION I CONSTRUCTION Tl'PE DOU6 SELLE I SALESMAN NIA I PROJECT MANA6ER 6R.ANDON RUITER I DESIGNED 6Y FE6RUARY 14, 21Z>OO , DATE 0 , 1ST REVISION 0 1 2ND REVISION 11008S-EDIN-AI- , 6.JR ~ ~ e.:i O;· OFFICE Of THE REGISTRAR OFTT11.E8 HENN EP IN COUNTY, MINN ESOTA CERTIFrED FILED ON AUG 2 9 2000 jf1'r' -m-0.,@J?IJ!I~ REGISTRAR 8F TITLES sy _____ D£PUTY