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Home My WebLink AboutResolution 3276 F ' CITY of ORONO O O RESOLUTION ' T CITY COUNCIL NO. c� > G �9kE8H0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 (B); 10.22, SUBDIVISION 2; AND 10.25, SUBDIVISION 6 (B) FILE #1814 WHEREAS, Thomas Berthiaume and Cherryl Kachenmeister (hereinafter "the applicants") are owners of the property located at 3035 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract A, RLS No. 394, Hennepin County, Minnesota (hereinafter "the property"); and �? WHEREAS, the applicants have applied to the City for variances to Municipal k Zoning Code Sections 10.22, Subdivision 1 (B); 10.22, Subdivision 2; and 10.25, Subdivision 6 (B) to permit the construction of a two story lakeside addition measuring 17'6" x 26'3" and an addition to the existing grade level deck at 6' x 19'2". A corner of the two story addition will be located 8' in front of the average lakeshore setback line where no such encroachment is allowed. The two story addition shall be located 9' from the side lot line instead of the required 10'. The proposed improvements will result in a 5.7% reduction of hardcover within the 75- 250' setback area and a 246 s.f. or 3.2% reduction in the 250-500' setback area. In the 75-250' setback area, hardcover exists at 6,909 s.f. or 63.97% and is proposed at 6,293 s.f. or 58.27%. In the 250-500' setback area, hardcover exists at 3,285 s.f. or 42.6% and it proposed at 3,039 s.f. or 39.4%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS TRANSFER ENTERM DEM,Of PROPERLY TAX 8 PUBLIC WORDS 1. This application was reviewed as Zoning File #1814. AUG 9 1993 Page 1 of 5 H N COU MINN. BY DEPUTY Fong SODS D"Omw O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ES�i 2. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring 1/2 acre or 21,780 s.f. The property consists of .55 acres or 24,130 s.f. 3. The Orono Planning Commission reviewed this application on April 19, 1993, and recommended approval of the proposed variances based on the following hardships and findings: A. The property exceeds the required area for the zoning district but has an unusual narrow shape. B. The location of structure on property. C. There is no adjacent land available. D. Neighbor's drive and turnaround encroaches on applicants' property adding 7.7% hardcover within the 75-250' setback area and 6.7% within the 250-500' setback area. 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 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. 5. 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. Page 2 of 5 Fo SM DiY Oor O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 2 `? G E8H 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, Subdivision 1 (B); 10.22, Subdivision 2; and 10.25, Subdivision 6 (B) to permit the construction of a two story addition and lakeside deck requiring an average lakeshore setback variance of 8', a side setback variance of 1' or 90% and approval of hardcover excesses within the 75-250' setback area where improvements are proposed, hardcover to be maintained at 6,293 s.f. or 58.27%, subject to the following conditions: 1. All existing hardcover improvements scheduled for removal must be completed prior to the footing inspection for the new residential construction. 2. 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 (May 10, 1994). 3. 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. 4. 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 10th day of May, 1993. A EST: LE �' A'ae _lz4 orothy W.4 ltin, Cit Clerk Edward J. Cal ahan, Jr., Mayor oe or 1�4v 94�� Property ner s) Page 3 of 5 O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL z` NO. xEBS0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of May, 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. GAROIE A. E�( � .�..y NOTARY P��"OTA Notary Public HENNEPIN COUNTY MY 00►IMISSXNd EXPIRES i�o6 My Commission Expires Page 4 of 5 O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. �9xE$H0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /'` 'r day of 199 3 before me a Notary Public within and for said county,personall peared known to me to be the person(M described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L FEMA COUNTY NOT4Y PUBLIC IryCoaMA Exphs 11.1W STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Nl) day of 199 3 before me a Notary Public within and for said county,persona I ppea d 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. NOTARIMIP BIIGMOISNNEM SOTA (moi—ic,c e. c He�N COUNTYNO Y PUB W Came.8.0ms 11-1597 Page 5 of 5 roe=MD" F RESOLTUION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ May 10 1993 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 12th day of A May 1993 . orothy allin , City Clerk (SEAL) 4-i.2- �J s,?D)NIPSPz Alnd30 AG 91111�0 8VUSIM dr�z7v 1*00y;Y £661 l L 9nd N0 '":—lIA 0313112130 UOSi"&Nf111W '�11Nf10O NId3NN3k SBUII d0 Moo