HomeMy WebLinkAboutResolution 1658 �. � _��. � .. .
� � Clt� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
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NO. �� 1658 �
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�``�.:,X<�-::::,�`"'y� GRANTING A VARIANCE TO MIJNICIPAL ZONING CODE
SECTION 10.25, SUBD. 6(B) AND SECTION 10.22
SUBDIVISIONS 1 AND 2, AND SECTION 10.55, SUBD 8
WHEREAS, C.D. Williams (hereafter "applicant" ) has an
interest in the property located at 1932 Fagerness Point Road within
the City of Orono (hereafter "City" ) , and legally described as
follows:
That part of Lot 27, Fagerness and the accretion to Lots 19
and 27 , Fagerness, described as follows:
, Commencing at the intersection of the extension
Southeasterly of the Southwesterly line of said Lot 19 and
the Southerly line of under the Linden Avenue, which point
is marked by a judicial landmark; thence Northeasterly
along the Southerly line of said under the Linden Avenue a
distance of 84 . 9 feet, said point being distant 75 feet
• Northeasterly from the Southwest corner of said Lot 27 ,
which point is marked by a judicial landmark; thence South
33°48 ' East a distance of 64 feet, which point is marked by a
judicial landmark; thence continuing South 33°48 ' East a
distance of 8 feet, more or less, to the shore of Lake
Minnetonka; thence Southwesterly along the shore of Lake
Minnetonka a distance of 97 .7 feet, more or less, to its
intersection with a line which bears South 21°08 ' East from
the point of beginning; thence North 21°08 ' West a distance
of 11 feet, more or less, said point being marked by a
judicial landmark; thence continuing North 21°08 ' West a
• distance of 53. 45 feet to the point of beginninq. (For
purposes of this description the North line of Fagerness is
assumed to be a due East and West line. ) hereafter the
property; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Sections 10.22 Subd 1 and Section
10 .55 Subd 8 to permit construction of a residence 28 ' from the
lakeshore instead of the 75 ' setback required, and a variance to
Section 10..25 Subd 6 (b) to permit construction of a residence on a lot
of 6,327 square feet instead of the 21,780 square feet required, and to
approve a lot width of 99 ' instead of the 100' width required, and
approve a street setback of 14 ' where 30 ' is required, and a variance to
. Section 10.22 Subd 2 to allow hardcover of 30 percent in the 0-75'
• lakeshore setback area where 0 percent is allowed.
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� � c�t� o� oR,oNo
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'� ` RESOLUTION OF THE CITY COUNCIL
' NO. ' 1658
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NOW, THEREFORE BE IT RESOLVED by the City council of Orono,
Minnesota:
Findings
l. This application was reviewed as Zoning File No. 827.
2. The property is located in the LR-1C Single Family
. Lakeshore Residential Zoning District. .
3 . A residence exists now on the property with an existing
lakeshore setback of 28 ' , existing street setback of
14 ' , and existing hardcover in the 0-75 ' zone of l, 681
sf or 27 percent. There are existing sewer and water �
connections. � •
• 4. The � Orono Planning Commission reviewed this
application on July 16, 1984 , and recommended approval
of the proposed variances as revised, based upon the
following findings:
a) No additional land is available to be combined with
the property.
' b) Applicant has revised his original 38 percent
hardcover proposal to 30 percent hardcove�r proposed.
c) The proposal meets all•side setback requirements
and will not encroach into the lakeshore or street
setbacks any further than the existing structure.
; 5. The applicant has proposed a second-story deck over
� part of the struc�ure, eliminating�the need for future
deck encroachment int� the lakeshore setback zone.
6 . The City Council has considered this application
� including the findings and recommendations of the
Planning Commission, reports by City staff, comments by
the owner and the effect of the proposed variance on the �
health, safety and welfare of the community.
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�� Clt� o� ORONO
. • � �`,,' RESOLUTION OF THE CITY COUNCIL
� � ' NO. 1658
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. � 7 . 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 hazard or other danger to neighboring property;
. would not merely serve as a convenience to the owner,
but is necessary to alleviate a demonstrable hardship
or difficulty; is necessary' to preserve a substantial
property right of the owner; and would be in keeping
with the spirit and intent of the Zoning Code and
Comprehnsive Plan of the City.
� Conclusions, Order and Conditions
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10 .22, Subd 1 and
Section 10.55 Subd 8 to permit construction of a residence 28 feet from
� the lakeshore instead of the required 75 feet, and grants variances to
Section 10.25, Subd 6 (b) to permit construction of a residence on a lot
. of 6 ,327 sf instead of the 21,780 sf required, and approve a lot width of
99 feet instead of the 100 feet width required, and approve a street
setback of 14 feet instead of the required 30 feet, and grants a
variance to Section 10.22, Subd 2 to allow 30 percent hardcover in the
• 0-75 foot lakeshore setback zone where 0 percent is allowed, subject to
the following conditions:
1. No other variances will be allowed on this property.
Applicant is advised that further hardcover variance
applications will likely be disapproved.
2. Maximum hardcover allowed on this property including
but not limited to house, sidewalks, and driveway, is
1,681 sf (approximately 27 percent) .
3. Existingsidewalks, metalshed, trashcan platform, and
� , gravel driveway are to be removed.
4. The structure must meet 10 foot side setbacks.
� 5. Required minimum main floor elevation 932.5 ' msl.
6. A shallow swale must be provided between this property
• and that of the neighbor to the north to eliminate
direct runoff onto the neighboring property.
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_ ��L � Clt of ORONO
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• �'� �`` RESOWTION OF THE CITY COUNCIL
� ��` ' NO. 16 5 8 �
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7 . Applicant shall provide erosion protection measures
other than hay bales to eliminate any silt or sediments
from entering the lake as a result of the construction.
8 . Authorities granted by this variance run with the
property not with the owner, 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 August 13, 1985.
. 9 . Violation of or noncompliance with any of the terms and
conditions of this variance shall constitute a
violation of the zoning code, •shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
10. The undersigned owner has rea�d, 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 to the property. '
Adopted by the Orono City Council on this 13th day of August, .
1984 . •
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ATTEST:
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Ci y Cler Mayor •
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(1 ) Property Owner
(2 ) Property Owner
• (3 ) Property Owner
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C�t� o� ORONO , �
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RESOLUTION OF THE CITY COUNCIL
NO. 1658 .
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STATE OF MINNESOTA ) • a
) ss .
COUNTY OF HENNEPI?J )
On this �,5`T`_ day of �,g�� , 1984 , before me a Notary
Public within and for said County, personally appeared
�' , � • �%LL./ �[5_ known to me to
be the person (s) described in and who executed the foregoing
instrument , and acknowledged that he (they) executed the s�ame as his
(their) free act and deed .
,
L P. GAFFRON —! � _
a MICHAE N TARY PUBLIC
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' _�`� � P1pTARY PUBLIC-MINNESOTA , .
� My�.c{mmN oP!-NCOUNTY9a�
."' <lc,�� �'7
� , . MY COMMISSIO XPIRES
STATE OF MINNESOTA )
) ss . � .
COUNTY OF HENNEPIN )
- On this • day of , 1984 , 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
MY COMMISSION EXPIRES �
• . ' • ' � ' .
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Cit� o� ORONO
• � ' .
� RESOLUTION OF THE CITY COUNCIL
�NO. 1658 .
•
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aN_'+
STATE OF MINNESOTA )
) ss . �
COUNTY OF HENNEPIN )
On this _r__T_^ day of ��__ , 1984 , before me a Notary
Public within and for said County, personally appeared
known to me to
be the person (sj 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 � - , ,
• MY COMMISSION EXPIRES
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
, � On this � day of , 1984 , before me a Notary
Public within and for said County, personally appeared
� known t�o me to
be the person (s) described in and wYio executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed . • �
NOTARY PUBLIC �
MY COMMISSION EXPIRES
• . . � . • . :
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