HomeMy WebLinkAboutResolution 3240 � .. -. • Y
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A RESOLUTION GRANTING
A VARIANCE TO _
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (A)
FILE #1801
WHEREAS, E. W. Blanch Company, a limited partnership (hereinafter "the
applicant") is owner of the properry located at 2505 Old Beach Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 5, Block 1, the Marsh at Lafayette, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
• Zoning Code Section 10.24, Subdivision 5 (A) to permit the construction of a residence that will
be 34'10" in height where only a 30' height is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS �
1. This application was reviewed as Zoning File #1801.
2. The property is located in the RR-1B Lakeshore Residential Zoning District,
requiring 1 acre in area. The property consists of 3.16 acres.
3. The Orono Planning Commission reviewed this application on February 16, 1993
and recommended approval of the proposed variance based upon the following
� hardships and �ndings: � �
A) The proposed house will be set back 267' from the Old Beach Road right-
of-way. The total height of the proposed structure would be perceived as
lower than the existing adjacent structures that are located at 35' and 50'
setbacks from the street.
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B) The location of all the residential structures for the Marsh at Lafayette
� were established by recorded soil borings determined to be the most
suitable for building. If there is to be a basement for a residence
structure, the basement levels would be above finished grade based on the
elevation of the flood plain and the need to build at least 1' above the
flood plain elevation. ,
C) Structures on Lots 4 and 6 based on sloping grades with walkouts and the
design of the roof are allowed a total building height of 42'.
D) The total building height for proposed residence on Lot 5 is 34'10" as
measured from the highest existing elevation 939.1. The grade is
consistent around all elevations of the proposed building. The house on
Lot� 6 measures 30' from the street side and 39' to the rear. The house
on Lot 4 measures 30' from the street yard and 41' from the rear.
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E) The proposed house on Lot 5 will actually be 6' lower than the adjacent
residences.
. F) A classic 2 1/2 story colonial with mansard�roof could not be built.based
on the limitations of the building height� section and the flood plain
elevation and could only be installed with a walkout design which may not
be suited for a traditional colonial style. .
4. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generally to other properry 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial properry
� right of the applicant, and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the Ciry. �
� 5. The Ciry 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 proposed variance on the health, safety and
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. welfare of the community.
` , CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (A) to permit the
: construction of a new principal structure to be built at a maximum height of 34'10" instead of
� the allowed 30', subject to the following conditions:
1. 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 (February 22, 1994).
, 2. Violation of or non-compliance with any of the terms and conditions of the
; • variance 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 authorized agent of the E. W. Blanch Company has read,
. understood and hereby agrees to the terms of this resolution and on belialf of E. �
� � W. Blanch Company, a limited partnership; its 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 22nd day of February, 1993.
, A EST:
, ���
orothy M llin, City Clerk J. iann Goetten, Acting ayor
. Property Owner(s) .
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O ., O CITY of ORONO
• � � �;�.�=� RESOLUTION OF THE CITY COiJNCIL
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STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
February, 1993,-by J. Diann Goetten& Dorothy M. Hallin; Acting Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City. .
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� LINDA S. VEfi Ot PLibI1C
NOTARY PUBUC - MINNESOTA
• HENNEPIN COUNTY
My commisslon �xplres&12-96 n p/
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My Commission Expires
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O .. O CITY of ORONO
i � :��`"=' RESOLUTION OF TI� CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �p -/� day of U�� , 199 � before me a Notary
Public within and for said county,personally appeared r � i / ar �o-F�Ul.S l aa c l�
�,d a J� _• �(�Qr� known to me to be the person(s) described in and who executed
the oregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed. �
r-�... JEANNE M. ATHEY �
' NOTAAY PUBLI�MINNESOTA
�,%r HENNEPIN COUNTY
'7--•' MY COMMIS610N EXPIRES 6Cr9S NOT 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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