HomeMy WebLinkAboutResolution 3287 ® O CITY of ORONO
`� '' RESOLUTION FTI�� ITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B)
AND SECTION 10.22, SUBDIVISIONS 1 (B) AND 2
FILE #1822
WHEREAS, Mark Prueter (hereinafter "the applicant") is owner of the property
located at 3215 Crystal Bay Road within the City of Orono (hereinafter "City") and legally
described as follows:
Refer to Exhibit "A" attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of an 18'x26' two story
addition to rear of the existing structure to be placed 6' from the west side lot line and 7' from
the east side lot line where a 10' setback is required, construction of a replacement deck at
18'x10.6' that will be placed 3' from the west side lot line where a 10' setback is required and
91/2' in front of an average lakeshore setback line where no such encroachment is allowed. The
proposed improvement will result in a hardcover increase of 65 s.f. or .8% with total hardcover
proposed at 2,496 s.f. or 30.2% where 2,431 s.f. or 29.4 exists and where only 2,069 s.f. or
25% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1822.
2. The property is located in the LR-1C, Lakeshore Residential Zoning District
requiring 1/2 acre in area and a minimum width of 100'. The property consists
of 12,174 s.f. in area. Lot width measures 55' in a straight line at the shoreline
and at the 75' setback line.
TRANSFER ENTEIIID
DEP(.Of PHUPEkIY(AX&PUBUCRECORDS
Page 1 of 7
AUG 9 1993
HEN 1, IN CO,( N MINN
BY - _ DEPUTY
Form 5005 Dish Nona
. . --, 04?-. ' 0 O � O
CITY of ORONO
_ ,
,-t1.*,- - RESOLUTION RF THE CITY COUNCIL
` , i �, NO. e3287
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3. The Orono Planning Commission reviewed this application on May 17, 1993, and
recommended approval of the variances as proposed based on the following
findings and hardships:
A. Lot narrows at the midpoint of the property measuring 55' at the
lakeshore and 35' to the rear.
B. The applicant proposes a reduction of hardcover within the 0-75' setback
area at 1.7%.
C. Emergency access can be achieved via 10+ foot corridor between adjacent
residences to the east and west. Prime access to site will be from the
south from the municipal hydrant.
D. Total structural coverage is proposed at 1,724 s.f. or 14.1% where 15%
would be allowed.
E. Proposed lakeside replacement deck will reduce the encroachment of the
average lakeshore setback line by 21'. The existing deck is 15' in width.
The proposed deck will be 101/2' in width.
F. The home was constructed prior to existing zoning requirements.
G. No additional land is available to allow for expansion without the need of
variances.
H. The property has steep slopes to south creating unique drainage problems.
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 applicant, but is 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.
Page 2 of 7
Furor 5005 a,►Popo
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- 0 # O CITY of ORONO
, .•-=' RESOLUTION OF THE CITY COUNCIL
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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 proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER ANI) CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 and Section
10.25, Subdivision 6 (B) to permit the construction of an 18'x26' two story addition to the rear
of the existing residence and construction of a replacement deck of 18'x10'6" to the lakeside of
the existing residence subject to the final improvement plan for the property as shown on page
6 of the resolution and upon approving this variance- the City grants a 4 or 40% west side
setback variance, a 3' or 30% east side setback variance, a 7' or 70% west side setback variance
for replacement deck, a 9'6" setback encroachment of the average lakeshore setback line and a
hardcover variance for a net increase of 65 s.f. or .08% with total hardcover now at 2,496 s.f.
or 30.2%, subject to the following conditions:
1. All existing improvements scheduled for removal shall be completed prior to the
final inspection for the new addition. Applicant shall maintain hardcover at 2,431
s.f. or 29.4% by removing 65 s.f. of wood walkway in rear yard.
2. Applicant shall provide a grading and drainage plan that addresses maintenance
of positive drainage from foundation of new addition.
3. 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 (June 14, 1994).
4. 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.
Page 3 of 7
Form 5005 Dist Orono
O _ CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
ly \ , ( NO. t; ti
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k'EB�I�
5. 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 June, 1993.
A 1ST:
AIWA . lL L �. 1 G!� !L• z /ice //7 y.
Dorothy M •llin, Ci Clerk Edward J. Call an, Jr., Mayor
r
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of June,
1993, by Edward J. Callahan, Jr. & Dorothy M. Mallin, 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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a JAMIE L.BOSMA Notary ublic
.• NOTARY PUBLIC-MINNESOTA
t HENNEPINCOUNTY
••• My Comm.Expires 12-19-97
Page 4 of 7
Foie 5005 Disk 0rao
d./96---)--°. .-k CITY of ORONO
• ,.: '�' RESOLUTION OF THE CITY COUNCIL
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5-06 a, :Z.- 1 - EXHIBIT "A"
Lot 1, Block 2, Townsite of Langdon Park, Ilennepin County, Minnesota:
ZADIThat part of Lot 1, Block 2, and of that part of Northern Avenue, now vacated, Townsite of
Langdon Park, described as follows; to-wit: Commencing at the point of intersection of the
Northerly line of the right-of-way of the Great Northern Railway Company with the Southerly
extension of the dividing line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park;
/
i thence Northwesterly along the dividing line between said Lots 1 and 2 and same extended, a
distance of 213.14 feet; thence Northeasterly deflecting right at an angle of 82055' from last
Cr.:)C described course, a distance of 180 feet to the actual point of beginning of the tract of land to
, be described; thence continuing from said actual point of beginning Northeasterly on the
\ \ extension of said last described line, a distance of 60 feet; thence Southeasterly in a straight line
h;4 1 263.2 feet to a point in the line of said right-of-way of the Great Northern Railway Company,
'\ which point is 140 feet Northeasterly, measured along the Northerly line of said railroad right-
of-way, from the initial point of commencement; thence Southwesterly along said Northerly
right-of-way line 35 feet; thence Northwesterly in a straight line 247.7 feet to the actual point
of beginning; ALSO including all that part of Lot 1 in said Block 2 lying between the
Northwesterly line of the premises hereinabove described and the shore of Lake Minnetonka,
and between the Northerly extension of the Northeasterly and Southwesterly side lines of the
premises hereinabove first described.
Page 5 of 7
Faa 5005 Disk Orono
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THIS ITEM HAS B
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for Steven A. Jlaverl-_..er7. 4. / e
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in Lot 1, ?dock 2, Townsite of Langdon Park .. ';;;..:°, 1-4-, •=..N / 5
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I hereby certify that \---:/.. 0
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this is a to and correct ,.
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representation of a aurvey \ ....1, (:/' IO •
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of the bcurviar!ea of that • \ , I ..-- - -1.
part of riot 1 , Block 2, and \ '1, ••% '‘. -.-- '',:)
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of that part of Northern AvenueN..
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now vacated, Townsite of Lanr,don
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?ark, described as 'ollows ; to-wit: \ < • c. •,..
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7 C:. .41AcV
CommencinE at the point of inter-
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section of the FortherL: line of the i -
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ir• . \ -• • hir;,,,
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right-of-way of the Great Northern VI.,- \''' It.
Railway Company with the Southerly ex-
tension of the dividinc line between \•,"-, <"
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Lots 1 sr.:i 2 in said RlocY. 2, Townc' te of 4 e, (1 \I'l
IC 45•l',36 d'A,
Langdon Park; thence Northwesterly along
the dividing line between said Lots 1 and 2 \ 'A\tt '
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and sae14 mextended, a distance of 213. feet; ex,.. t i
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thence Northeasterly deflecting right at an angle 01`
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of 82°55' from last described course, a distance of . .t.
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180 feet to the actual ucint of beginninK of the tract \ rd.
of land to be described; thence continuing Crum said \ -WI- . •
actual point of beginnine. Northeasterly on the extension
of said last described line, a distance of 60 feet; thence
Southeasterly in a •straight line 263.2 feet to a point in the .
. '•
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line of said right-of-way of the Great Northern Railway- Company, .
'... . ••-)P ..••1. "e..? 41'
which point is 140 feet Northeasterly, measured -along the Northerly .-....\
line of said railroad right-of-way, from the initial point of con- - ,_ • 4” Nvi
mencement; thence Southwesterly along said Northerly right-of-way
/
4.--e• ..-
line 35 feet; thence Northwesterly in a straight line 247.7 feet .1/4" -, •••''
•,••••-d
to the actual point of beginning; ALSC including all that part of
Lot 1 in said Block 2 lying between the Northwesterly line of the W
premises hereinabove described and the shore of Lake Minnetonka, :
and between the Northerly extension of the Northeasterly and Southwesterly side
lines of the premises hereinabove first described; and the location of all
existing buildings thereon. It does not puroort to show other improvements i
or encroachments. .
•
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Scale : 1" = 40' Gordon H. Coffin Re 4c. 6064 .
Date : 9-2-76 Land Surveyor and Planner
o : Iron marker Long Lake, Minnesota
Page 6 of 7
r4.
_ O CITY of ORONO
;_ • .,, RESOLUTION OF SHE CITY COUNCIL
A ‘ `--1, 17'1 c. V •4
14 Y 1 ( f4 1 A, NO.
ESH0
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,zC+h day of ( c, C , 199 3 before me a Notary
Public within and for said county,personally appeared (s li Poi,---ie-r, Illci c s col
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.
44. CAROLE A. HASEMAN QL�!- o / ( ( • ../../-i122, --___J.-_. OAI kNOTARY PUBLIC—MINNESOTA
c,- HENNEPIN CtOUNTY
NOY PUBLIC
MY CA ISSION EXPIRES#2-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,14/ , 199 i before me a Notary
Public within and for said county,personally appe red J e,),i;I r r ,r ftp', yr)a r'r el
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.
4 LINDA S. VEE �/
' ' "'` NOTARY PUBLIC - MINNESOTA { /�
41 s _: HENNEPIN COUNTY ( -,'i N /J !/ALL/
1:' , ,,, My commission expires 8-12-88 NOTARY PUBLIC
Page 7 of 7
Form SODS Disk Orono
RESOLUJI'ION # e, 2 p, I f
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 _ June 14 , 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
!_M^ 17th , d a y of - , 19 93
loro by M. in , C ty Clerk
(SEAL)
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