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Home My WebLink About#3282 - variances - 1993 � R • � � ��' Y of �RON� ---�- � ,:, � CIT ��. �y�;��:-�� RESOLUTION OF THE CITY COUNCIL r� �' %� � ^ �y J �, �� j � N�. r. , ti, ��9�E� o��G SS A RESOLUTION GRANrING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 (B) AND 10.22, SUBDIVISION 2 FILE #1816 WHEREAS, Kent E. Swanson and Susan S. Swanson (hereinafter "the applicants ) are owners of the property located at 3229B Casco Circle within the City of Orono �� (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1333, as filed with the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the Ciry for variances to Municipal Zoning Code Sections 10.22, Subdivision 1 (B) to permit the construction o.f a 6'/a' x 12' entry addition to the street side of the residence and a 24' x 24' second story den addition above the attached garage and a 5' x 3' landing and spiral staircase at the lakeside of the residence. Portions of this construction shall be located in front of the average lakeshore setback line where no such encroachment is allowed and per Section 10.22, Subdivision 2. Applicants seek approval of hardcover variances within the 0-75' setback area, existing at 578 s.f. or 3.2% and proposed 522 s.f. or 2.9% where none is allowed and in the 75-250' setback area hardcover exists at 7,515 s.f. or 46.2% and is proposed at 7,517 s.f. or 46.2% where only 4,066 s.f. or 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono, Minnesota: FINDTiVGS 1. This application was reviewed as Zoning File #1816. Page 1 of 5 v�sa�s d�o�.. � �' o�' CITY of ORONO O_,�� O �'',"� RESOLUTION OF THE CITY COUNCIL �T � ,�,� ' "`, � � �' S�� , NO , , :� � ti ��`�kE H�¢�G s 2. The property is located in the LR-1C Zoning District requiring a '/z acre or 21,780 s.f. per residential unit. The property consists of 33,801 s.f. or .77 acres. 3, The Planning Commission reviewed this application on April 19, 1993 and recommended approval of the proposed variances based upon the following findings and hardships: A. The property meets the area and lot width standards of the LR-1C Zoning District. B. The existing house was placed on the property prior to the 75' lakeshore setback requirement; the existing house met the original 50' lakeshore setback standards at the tune the home was constructed. C. The pie shaped lot has placed severe restrictions on the building envelope. D. Over 50% of the lot area is located within the 0-75' setback area. E. 3,500 s.f. of the hardcover within the 75-250' setback consists of a shared drive that serves 3229A and 3229C, Casco Circle. F. There is little impact on the lakeshore views of the adjacent homes. The homes are located on a curved peninsula with view windows facing lake. G. Staff has received no negative comments from the adjacent neighbors who have been notified of the proposed improvement. 4. 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, safery and welfare of the community. Page 2 of 5 I Fam 5005 DisY Orone � � � ��' CITY of ORONO O ., O ��_ �';��.,-�> RESOLUTION OF THE CITY COLTNCIL � F�� `';�, �, NO. - : - ._ '�, ` ' �" �'� ��kE�I;Og� 5. The City Council fmds 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. 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, Subdivisions 1 (B) and 2 to permit the construction of a two story entry addition, a second story den addition above attached garage and the installation of a 5' x 3' landing and spiral staircase at the lakeside of the residence, subject to the following conditions: 1. 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). 2. 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. 3. 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. Page 3 of 5 Fam SWS Di�Y Oio� � �' o�' CI�Y of ORONO O � O �::;`� RESOLUTION OF TI� CITY COUNCIL ��> ''� } ��✓ �'' NO. :� �".. - - � '�� ti \ 1 , Qr ~ '��9, �+ � ��G ��.¢, �EsK� Adopted by the Orono City Council on this lOth day of May, 1993. AT EST: � < � � i 2 Dorothy allin, City Clerk Edward J. Call r., Mayor � / � ^ � , � ►l Pr perty wner(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of May, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Nlinnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN � � , NDTARY PUBLI�Mpp1ESpTA Nota Public HENNEPIN COUNTY ry - �tv oarw�sspn ocPit�s s�zsca • My Commission Expires Page 4 of 5 Form 5005 Dist Oran f � � r � �' CITY of ORONO O :: O '~��.= RESOLUTION OF THE CITY COUNCIL � ��f � �`' NO. � �� `'�' ti , �r,� ti, t� �� . G �`4kESI-{;�g'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �5 � day of , 199� before me a Notary �Pub ic within and for said county,personally ap_ eared hi =%;�� =��-�n---�t -� , �� known to me to be the person(s) described in and who executed the foregoing instrume t��o�'ledged that he (they) executed the same as his (their) free act and deed. , . _• . JAMIE L.BOSMA �!'L�',yyy . ` NOTARY PUBUGMINNESOTA '�"'�'�� L- .� H��N courmr PUBLIC ''•,�.• "' My Canm.fxpires 12-1�s7 N� 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 fore�oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 F��a��