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CITY of ORONO
RESOLUTION OF THE CITY_ COUNCIL
NO. 561
A RESOLUTION
AMENDING RESOLUTION NO. 5570
FILE No. 06-3245
WHEREAS, Michael and Karen Maney, husband and wife, (hereinafter
"Owners") are the owners of the property located at 3605 North Shore Drive within the City
of Orono (hereinafter "City") and legally described as: Lots 11 and 12, Auditors Subdivision
No. 273, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, for the purpose of adding a second story to the existing residence
the Owners made application to the City for a variance to Municipal Zoning Code Section 78-
1279 to allow a lakeshore setback of 42 feet when 75 feet is required and a three-foot
encroachment into the average lakeshore setback; and
WHEREAS, for the purpose of replacing the existing detached garage and
shed with an attached garage and adding a second story to the house the Owners made
application to the City for a variance to Municipal Zoning Code Section 78-350 to allow a
private street setback of 0.0 feet when 30 feet is required; and
WHEREAS, for the purpose of constructing an attached garage, a decorative
wing wall and an oversized overhang the Owners made application to the City for a variance
to Municipal Zoning Code Section 78-1403 to allow structural lot coverage of 22.9 percent
when 15 percent is allowed; and
WHEREAS, for the purpose of adding an attached garage and decorative wing
wall to the existing residence the Owners made application to the City for a variance to
Municipal Zoning Code Section 78-1288 to allow 16 percent hardcover in the 0 to 75 foot
zone when none is allowed and to allow 61.4 percent hardcover in the 75 to 250 foot zone
when 25 percent is allowed; and
WHEREAS, on January 22, 2007, the City Council adopted Resolution No.
5570 granting these variances for purposes of adding a second story and attached garage to
the existing residence; and
WHEREAS, in reviewing the plans submitted for a building permit Planning
Staff found the plans called for removal of all the existing structure except the perimeter
foundation and on April 3, 2007 Planning Staff denied the permit application on the basis the
work proposed was beyond the scope of the variance approval; and
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144
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CITY of ORONO
p~ RESOLUTION OFgT TITV COUNCIL
NO.
WHEREAS, on April 23, 2007, the City Council heard testimony from the
Owners, their representative, and City Staff regarding the situation.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. The project should now be categorized as a `rebuild" rather than an "addition".
2. The property is located in the LR -1C zoning district, where 0.5 acre is the
minimum lot area and 100 feet is the minimum lot width. The property is 0.22
acre in area, 92 feet in width and 90 to 110 feet in depth. Because of the size
and shape of the lot it would be virtually impossible to construct a house on the
lot without lakeshore and street setback variances and hardcover variances.
3. While the existing perimeter foundation is supported by pilings and grade
beams, it will be possible to add needed additional pilings to the existing
foundation system rather than replacing it. The additional course of block will
facilitate proper drainage away from the foundation.
4. This property and others are served by a private roadway that also provides the
only access for emergency vehicles. The new garage will be placed so the
width of the private roadway/fire lane at its narrowest point is increased from
15.2 feet to 18 feet.
5. The second story will resemble a half -story. Viewed from the lake the
remodeled house will have less mass than a new 2'/z story house constructed
without a lot coverage variance. The portion of the house that encroaches on
the average lakeshore setback will be changed from an enclosed room to an
open porch.
6. The Owners intend to build the house as approved by Resolution No. 5570
adding only a course of block to the existing foundation.
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C�
ral
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 6 1 2
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby amends Resolution No. 5570
to allow the reconstruction of the house. Resolution No. 5570 otherwise remains in force.
Adopted by the Orono City Council on this 14th day of May, 2007.
ATTEST:
Linda S. Vee, City Clerk
Michael Maney
STATE OF MINNESOTA
COUNTY OF HENNEPIN
r��.
es M. White, Mayor
Karen Maney
This instrument was acknowledged before me this 9'A day of
2007 by Michael Maney, husband of Karen Maney.
Notary Public
STATEOFMNAV�
�
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of
2007 by Karen Maney, wife of Michael Maney.
ONES
EOM
of Minnesotan Expires, 2012
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