HomeMy WebLinkAboutResolution 3213 rr ,
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C ITY of ORONO :
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�� G'�' ' RESOWTION OF THE CITY COUNCIL �
�kESH�g'� NO.
3213 �
� A RESOLIITION GRANTING �
VARIANCES TO •
MONICIPAL ZONING CODE �
SECTIONS 10.03, SDBDIVISION 9 (C-2) , ' �
' SECTION 10.03, SIIBDIVISION 14 (D),
SECTION 10.03, SDBDIVISION 14 (C) , ;
S$CTION 10.22, SIIBDIVISIONS 1 AND 2
FILE #1775
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WHEREAS, Robert G. Luesse (hereinafter "the applicant") is ,
the owner of the property located at 3249 Casco Circle within the •
City of Orono (hereinafter "City") and legally described as follows: •
Lot 12, Spring Park, Hennepin County, Minnesota (hereinafter "the �
property"); and
WHEREAS, the applicant has applied for the following
• variances to the Municipal Zoning Code to permit a 22'x28' addition to '
a detached accessory structure, a two story 15'x16 1/2' addition to
the lakeside of the existing residence and 6'x8' greenhouse addition
to an existing accessory structure as follows:
l. Section 10.03, Subdivision 14 (D) - setback variances for
oversized accessory structure. Street setback is proposed
at 19' instead� of the required 30' and 3' from the side lot
line where 30' is required.
2. Section 10.03, Subdivision 9 (C-2 ) - variance to allowed
area for an oversized accessory structure. The applicant �'
proposes a 1,273 s.f. accessory structure where only a 1,000
s.f. structure is allowed.
3. Section 10.03, Subdivision 14 (C) - proposed structural
improvements wi 11 require a ,lot coverage variance.
Applicant proposes 2,604.5 s.f. or 16.3� where only 2,384
s.f. or 15$ structural coverage is allowed. '
4. Section 10.22, Subdivision 1 - an average lakeshore setback
variance is required for a lakeside addition that will
encroach approximately 15' in front of average lakeshore
setback line.
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�� G'�' RESOLUTION OF THE CITY COUNCI L
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5. Section 10.22, Subdivision 2 - hardcover variance within the �
75=250' setback area is required as hardcover is proposed at �
3,386 s.f. or 30.2$ where only 2,800 s.f. or 25� is allowed.
� NOW, TH$REFORE, BE IT RESOLVED by the City Counci 1 of Orono, '
Minnesota: �
FINDINGS �
' 1. This application was reviewed as Zoning File #1775.
2. The property is located in the LR-1C Lakeshore Residential �
• Zoning District requiring a 1/2 acre or 21,780 s.f. in area. t
The property consists of approximately 15,893 s.f. �
3. The Orono Planning Commission reviewed this application on �
October 19, 1992 and November 16, 1992 and recommended ;
approval of the proposed variances as amended based upon the
following findings: ;
• a) The proposed garage addition to the accessory structure 1
shall not encroach further into the side yard than the '
�. existing structure at 3'.
b) There is no adjacent land available to acquire.
c) The location of the garage structure in the street
yard, proposed 19' from street lot line, is consistent ;
with other detached garages within immediate Casco
Circle neighborhood. . ,
d) The two story lakeside addition will be placed 5'
further into average lakeshore setback area as an
existing roofed second f loor porch structure is located
10' beyond average lakeshore setback line.
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
variances 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
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�� G~' RESOLUTION OF THE CITY COUNCIL :�
��kES8�4� NO. 3213 . ��
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 i
the findings and recommendations of the Planning Commission, �
reports by City staff, comments � by the applicant and the
effect of the proposed variances on the health, safety and �
welfare of the community. .
CONCLIISIONS, ORD$R AND CONDITIONS • �
Based upon one or more of the above findings, the Orono
City Council hereby grants variances to the Municipal Zoning Code �
Sections noted above that would permit the construction of a 28'x22' �
garage and 6'x8' greenhouse additions to detached accessory structure
referenced as workshop and a two story 15'xl6 1/2' lakeside addition
to the principal residence, subject to the following conditions:
• l. Upon application for a building permit, applicant shall ,
provide an updated survey locating all existing structures �
and proposed structures on property.
2. Applicant shall remove an 8 1/2'x24' grade level deck to the �
north side of the principal structure and replace with a
4'xl2' grade level deck.
3. A11 new construction shall be subject to requirements of ,
uniform building code and fire code. �
4. The new roof to be installed over workshop/garage structure
shall be constructed so as not to exceed a 4 1/2 to 12
pitch.
5. 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 (December 14, 1993).
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��� ��'�' RESOLUTION OF THE CITY COUNCIL
�kESH�4 Np, 3213
6. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 14th day of
December, 1992.
ATT T:
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0 othy allin, ity Clerk Barbara A. Peter on, Mayor
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Property Owner(s ) ,
STATE OF MINNESOTA ) '
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
14th day of December, 1992, by Barbara A. Peterson & 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.
CAROLE A. HASEMAN
NOTARY PUBLKi-MqJl�IESOTA
�. � HENNEPIN COUNIY
MY COASPdISSION EXPIRES 8�23�98 Notary Public
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this o�� � day of � ��C(nuc�ry , 199 3
before me a Notary Public within and for s d county, personally
appeared �ob�/�f- G. Lcc�sS�e � IYla�y C. Guess� ; r►�,a,rr,`�e�
known to me to be the person(s) des ribed in an 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 ' ��
My commission expires 8-12-98 NOTAR 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
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