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Home My WebLink AboutResolution 1700 t�' � �'--=��/" . �. � � r Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL . � � NO. 1700 • ��• • ,::: ..�a.: A RESOLUTION GRANTING A VARIANCE TO � MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2 - FILE #861 WHEREAS, Steven Pauly (hereinafter "the applicant" ) is owner of the property located at 3980 Dahl Road within the City of Orono (hereinafter "City" ) and legally described as follows : That part of Lot 4 , Section 8 , Township 117 North, Range 23 West of the 5th Principa.l Meridian described as follows : Commencing at meander corner between Sections 7 and 8 , Township 117 , Range 23 ; thence South along line between said Sections to a point where a line running East at right angles to said Section line from same to shore of Lake Minnetonka will include 2 acres of f North part of Lot 4 said Section 8 ; thence at right angles East to shore of Lake Minnetonka; thence Northerly alonq said shore to beginning, 2 acres ; . (hereafter "property" ) , and • WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10 . 22 , Subdivisions 1 and 2 and 10 . 55 Subdivision 8 , to permit the construction of decks and an addition to the existing house 28 feet from the lakeshore where a 75 foot setback is required , and to allow an increase in hardcover in the 0-75 ' foot setback zone from 2, 866 square feet (or 7 . 5� ) to 4 , 116 square feet (or � 10 . 8% ) where no hardcover is allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: - FINDINGS 1 . This application was reviewed as zoning file #861. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed thisapplication on September 17 , 1984 , and recommended approval of the proposed variances based upon the following findings : a) The existing house is located almost entirely within the 0-75 ' setback zone and it would be a hardship to the owner to move the entire structure in order to meet the • setback and hardcover requirements. b) The steep slopes at the house site constitute a hardship .to the property. � page 1 of 5 �. � . � • �� ' � � • cit� o�. oR,oNo RESOLUTION OF THE CITY COUNCIL � � NO. 1700 • � • • b ' 4 . The Council finds that a complete tradeoff in hardcover is possible if portions of existing hardcover within the 75- 250 ' lakeshore setback zone are removed in conjunction with the removal of portions o.f existing hardcover within the 75 ' lakeshore setback zone. This will result in no overall net increase in hardcover. 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. 6 . 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10 . 22 , Subdivision 1 and 10. 55 Subdivision 8 to allow construction of decks and an addition to the existing house 28 feet from the lakeshore where a 75 ' setback is required, and a variance to Section 10 . 22 Subdivision 2 to allow an increase in hardcover in t�e 0-75 ' setback zone from 2, 866 square f eet (or 7 .5� ) to 3 , 3 9 0 square f eet (or 8 . 9� ) where no hardcover is allowed, subject to the following conditions : • page 2 of 5 !,�• � t � � � • C�t� of ORONO • � RESOLUTION OF THE CITY COUNCIL ' � NO. 1700 �,�, • � • • � l. Existing hardcover in the amount of 1, 250 square feet must be removed prior to issuance of certificate of occupancy, resulting in no net increase in hardcover. ot�er the entire lot. Items to be removed include: 0-75 ' Zone Concrete Block Patio . . . . 176 sf Shed Near Lake . . . . . . . 130 sf Gravel Driveway Apron . . . 420 sf 75-250 ' Zone Gravel Driveway Apron . . . 524 sf Total Hardcover to be Removed . . 1, 250 sf � 2. Applicant is hereby advised that the City will not approve any future improvements that result in additional hardcover in the 0-75 ' setback zone, and that if such improvementsare proposed that they be counterbalanced with the removal of existing hardcover. 3 . Applicant is advised that the existing boathouse is a legal, non-conforming structure and is subject to the pertinent ordinances. 4. 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 (November 26 , 1985 ) . 5 . Violation of�or non-compliance with any of the terms and conditions of this variance shall constitute a violation of thezoning code, shallautomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. • page 3 of 5 s� . � ! . � • . • Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1700 • ' • • 6 . The undersignecl applicant has read, understood and hereby agrees to the terms of this resolution and on behalf o£ himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ��...,,.,w,-�.�, Adopted by the City Council on this 26th day ofNovember` , 1984 . ! ATT ST: • j � . . ,�� C _ .; , �D rothy M Hallin, City Clerk Niary C. Butl Mayor • . ) Property Owner (2 ) P perty Owne (3 ) Property Owner � . • page 4 of 5 � '�. ' � . r . Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 1700 • = • • STATE OF MINNESOTA ) , ) ss . COUNTY OF HENNEPIN ) � On this 3v day of �i�(lis:�� 1984 , before me a Notary Public within � and for sa d County,� personally appeared -_�� u� k n o w n t o m e t o be the person ( ') described in and who executed the foregoing instrument , and acknowledged that he (they) executed the sa�e as his (their) free act and deed . .. . Q��P ,��r-- JaNN p. �ERHARD3p� N�R Y P U B L C —`�— ' NOTARY MUBlfC•�tINNE3pT . . �/�thillfa�V� � � � � lo z��_ 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 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 . . � � page 5 of 5 �