The URL can be used to link to this page

Home My WebLink AboutResolution 3214 ,' . •��'� . � O� • O O �b. - CITY of ORONO � � ti ��L ��'�' RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 3 214 A RESOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE S$CTION 10.03, SUBDIVISION 14 (C) , SECTION 10.22, SDBDNISIONS 1 AND 2, AND S$CTION 10.23, SIIBDIVISION 6 (B) FILE #1777 WHEREAS, John B. Thiesse (hereinafter "the applicant") is the owner of the property located at 3845 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 62, Auditors Subdivision No. 203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for • variances to Municipal Zoning Code Sections to permit the construction of a complete second floor, entry addition and three-season porch. The following variances will be required: 1. Section 10.03, Subd. 14 (C). Applicant seeks approval of a lot coverage variance for an increase of 25 s.f. or .3� where 20.5 s.f. exists and where only 15� is allowed. 2. . Section 10.22, Subd. l. Average lakeshore setback variance is required for a slight encroachment .by proposed three-season porch and open deck. 3. Section 10.22, Subd. 2. Applicant seeks approval of a hardcover variance within the 75-250' setback area. The improvements will result in 1,997 s.f. or 45$ hardcover resulting in an overal 1 reduction of 233 s.f. ' or 5.4� hardcover where only 25$ is al lowed. 4. Section 10.23, Subd. 6 (B). Side and street setbacks are required for intensification of a structure that is located in substandard yard areas. A. Street setback. New construction will be located 21' from the street lot line where an existing garage is located 7 ' and a 50' setback is • required. Page 1 of 5 � ,t: . � O� • O . , O -�b. - C ITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. 3 214 � B. North side setback. Structure wil 1 be intensified at a 10' setback where a 30' setback is required. C. South right side setback. Structural intensification will take place at the existing 18.2' setback where a 30' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS , l. This application was �reviewed as Zoning File #1777. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District requiring two • acres in acre. 3. The Orono Planning Commission reviewed this application on November 16, 1992, and recommended approval of the proposed variances based upon the following findings: A. The improvement project will result in a reduction of 5.4g hardcover within the 75-250' setback area. B. There is no hardcover within the 0-75' setback � area of this severly restricted property. . C. The proposed second story addition wil 1 not expand beyond the existing building envelope. D. The property is located on curved shoreline. The proposed structural intensification by the three- season porch will not impact the view of the adjacent residence to the south. 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 Page 2 of 5 �: � O ' V • O O � �b; - CITY o� ORONO � � � ti ��L ��'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 3 214 _ 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 applicant and the effect of the variances on the health, safety and welfare of the community. CONCLIISIONS, ORDER 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 to permit the construction of a 24' x 34' second story, 5' x 5' new entry addition and lakeside deck with three-season porch, subject to the following conditions: l. Applicant shal 1 be responsible for connecting residence to municipal sewer prior to the Building Inspector's final inspection for the proposed structural improvements to the existing residence. ; 2. . Authorities granted by this resolution 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 ). 3. 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 sha 11 be punishable as a misdemeanor. 4. 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. Page 3 of 5 �\ � � • � O� � O . O �n. - CITY o� ORONO � � � ti " �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH04 NO. 3 214 � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of December, 199 . AT E T: � , . Do othy . Hallin, City Clerk Barbara A. Pete son, Mayor __ . , Prop ty 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. .. . � ��_� . Notary Public + LINDA S. VEE NOTARY PUBLIC - MINNESOTA page 4 Of �J � HENNEPIN COUNTY My commission expires&12-96 • ti � _ + . < � O� • O O ' � �b. - CITY of ORONO � � . ti �� ,'�' RESOLUTION OF THE CITY COUNCIL ��kESH��'� NO. 3 214 i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�� day of De�e�� b�� . 199 � , before me a Notar Public within �d for said county, personally appeared , , �- � eSSe m arr� � known to me to be the pe son s described fn and w o executedT foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , LINDA S. VEE - � , /'�J NOTARY PUBLIC - MINNESOTA � - HENNEPIN COUNTY My commission expires&12-98 NOT RY PUBLIC • S . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �I On this . �� day of rvf�✓�p_ �, , 1993, before me a Notary Public within and for said County, personally appeared .��"h e►^r� /� . �'h�eSs�. } rv��t�r�e� known to me to be the person(s) described in and who executec�� foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN ��/�o-�u � lV�t.�_1��2��J � �T��'�'��E�T� NOTARY PUBLIC HENNEPIN COUN?Y MY COl�1�A1SSI0N EXPIRES 8-23�90 Page 5 of 5 •