HomeMy WebLinkAbout#3756 - variances - 1996 , � , �
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��� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESHOg'� NO. e� � Jr �i
A RESOLUTION GRANTING VARIANCES
TO NIUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B) AND 2
FILE NO. 21�1
WHEREAS, John D. Hurd and Janice L. Zehringer-Hurd (hereinafter "the
applicants") are owners of the groperty located at 2795 Casco Point Road within the City of
Orono (hereinafter "the City") and legally described as follows:
Lot 129 and that part of Lot 130 lying Southerly of a line drawn median with
the Northerly and Southerly lines of said Lot 130, together with that part of
Lakeshore Avenue vacated and of the tract of land between said vacated avenue
and the shore of Lake Minnetonka, as designated and defined in the instrument
of dedication on the plat of SPRING PARK, lying beriveen the Westerly
extension of said median line and the Westerly extension of the Southerly line
of said Lot 129, all in SPRING PARK. For purposes of this survey, said
median line has been assumed to be a line drawn from the midpoint of the
Easterly line of Lot 130 to the midpoint of the Westerly line of said Lot 130.
(hereinafter "the property"); and
'�VH�EREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of a new residence
to be located 11' in front of the average lakeshore setback line and a main level deck at 20'
in front of the average lakeshore setback line where no such encroachment is allowed and a
hardcover variance within the 250-500' setback area proposed at 2,912.7 s.f. or 38.9% where
the Code would allow 30%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2151.
2. The property is located in the LR-1 C Single Family Lakeshore Residential
Zoning District requiring 21,780 s.f. or .5 acres in area. The property consists
of 31,447.5 s.f. or .72 acres.
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�� G'� RESOLUTION OF THE CITY COUNCIL
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;. The Orono Planning Commission reviewed this application on July 15, 1996 and
August 19, 1996 and recommended approval of the variances as amended based
upon the following findings and hardships:
A. Residence structures along this section of lakeshore are located 17�+'
from shoreline restricting placement of structure on property.
B. The majority of residences are located to the east or street side of
property.
C. The boathouse at 400 s.f. in area is in excellent condition and has been
maintained by owners. Both neighbors on adjacent properties have asked
that the structure remain because of its attractiveness.
D. The higher elevations at the residential construction line eliminates any
negative impact on lakeshore views by the single story boathouse at the
lakeside.
E. Placement in approximate footprint of existing residence will eliminate
need to remove trees and further excavation into the higher elevations to
the east. The majority of runoff from the developed site will drain
towards lakeshore over the extensive 180' of grassed yard.
F. The property is located on the point of the shoreline and as a result of
the angle of the shoreline, the structure is located further from the
shoreline than the neighboring houses.
G. The homeowners, receiving most impact from new construction, have
approved the redevelopment plan for the property.
4. The City Council finds that the conditions existina on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances 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
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�9kESH04� NO. 3 7 5 6
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping �vith the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. 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, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findin�s, the Orono City Council hereby
grants a setback variance of 11' for the principal structure and 20' for the main level open deck
to the average lakeshore setback line and grants a hardcover variance of 671.7 s.f. or 8.9% to
permit construction of a new residence on the property located at 2795 Casco Point Road,
subject to the following conditions:
1. Prior to the razing of the existing residence and detached garage, applicant's
contractor shall obtain a demolition permit from the City of Orono. Applicant
or applicant's contractor shall be responsible for installing erosion control until
groundcover is restored on property.
2. Applicants shall provide an updated survey locating all proposed improvements.
The updated survey must be submitted with the building permit application along
with adjusted hardcover inventory forms. The survey shall include the
Theilmann residence located at 2799 Casco Point Road in order to confirm
approved lakeshore setback line for principal structure.
3. Authorities granted by this variance run with the property not ���ith 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 (September 9, 1997).
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�� �,'� RESOLUTION OF THE CITY COUNCIL
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4. Violation of or non-compliance 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.
5. The undersigned applicants have read, understood and hereby ab ee 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.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 9th day of September, 1996.
AT'T T:
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� (�-/�.�/U,�.1'� � ( �u�:./�_�
orothy M. Ha in, City C1 rk Edward J. Callahan, Jr., Mayor
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of
September, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument �vas executed on
behalf of the City.
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� CAROLE A.HASEMAN
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f� r`�`,�k• � NOTARYPUBUC-MINNESOTA
� e`��;yG• HENNEPINCOUNTY NOt� Public
�sY My Commission Expires Jan.31,2n00
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Page 4 of 5
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�:d..- (�ITY of ORONO
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�� G'�' RI:SOLUTION OF THE CITY COUNCIL
t9kESH�g'� NO. `� ''� 5 �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this c�ay o°c%1� �Z , 199 -� befor me a Notary
Public within and f r said cou ty, ers n lly a e ared ,� L.
�--- ` t ...c.� o�wn�to�;�tc� be t person(s) described in a who executed
the foregoi g instrument, and acknowledged th�.t he (they) executed the same as his (their) free
actand deed.
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�o;��. NANCY S.BANZ
` NOTAAY PUBLIGMINNESOTA
' HENNEPIN COUNTY
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? �..�•°� My Commission Expires Jan.31,2onn_ t NO'I'ARY PUB C
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of����. , 199 � be��or me a Notary
Public within and for said co nty, per�s,���}all ppe�red �u.,.�� a�.�% � L
�� -� /�'�^�`#`�w�i�t��tc be e person(s) described in nd who executed
the foreg ing instrument, and acknowledged th�t he (they) executed the same as his (their) free
act and deed.
, .��, NANCY S.BANt `�/�J
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•� Commission Expires Jan.31,2000 � "G�
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