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Home My WebLink About#3408 - variances - 1994 Y � � O� O .h O CITY of ORONO �-`��'�� .� RESOLUTION OF THE CITY COUNCIL '� ��'':��';�� ti No. 3 � 0 � �► '� , ..�� ti . '�� G k'EsHo4' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1(B) AND 2, AND SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 1898 WHEREAS, Paul J. Hauser and Rose M. Hauser (hereinafter "the applicants") are the owners of the property located at 2801 Casco Point Road within the City of Orono and legally described as follows: refer to E�ibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow a deck constructed without a building permit located 13' in front of the average lakeshore setback line and a proposed kitchen addition that will be located 6' in front of the average lakeshore setback line where no such encroachment is allowed, hardcover variance within the 75-250' setback area proposed at 3,233 s.f. or 28.6% where 2,825 s.f or 25% is allowed and per Section 10.25, Subdivision 6 (B) seeks approval of a side yard setback variance for a proposed kitchen addition to be located 4' from the side lot line instead of the required 10' and approves an after-the-fact setback variance for an existing deck located 7' instead of the required 10' from the side lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1898. 2. The properiy is located in the LR-1C Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 19,850 s.f. or .45 acres. 3. The Orono Planning Commission reviewed this application on March 21, 1994 and recommended approval of the proposed variances as amended based upon the following unique findings and hardships: Page 1 of 4 Fwm SD05 DisA Omno 4. / � ��' CITY of ORONO O_�,.�. O ��'�� RESOLUTION OF THE CITY COUNCIL �. � � �a��; �+ � � � � ,� � '�'^��-�' �, N0. v -3 . ,� � , � Gti �9k�E8H�4'� A. Significant lake views enjoyed by neighboring properties will not be reduced or encroached upon by proposed additions. B. Hardcover within the 250-500' setback area has been reduced from 1,880 s. f. or 56.9% to 990 s.f. or 30%. C. Long, narrow shape of lot. D. There are no hardcover improvements within the 5,250 s.f. yard area within the 0-75' setback area. E. There will be adequate distance between residence structures on north and south with proposed additions to allow for easy access of emergency vehicles. 4. 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 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 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. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and Section 10.25, Subdivision 6 (B) to permit construction of an approximate 27' x 25.5' addition to the street side of the residence, 60 s.f. kitchen addition to the south side of the residence and approves an after=the-fact side setback variance for a deck and access stair to the north side of Page 2 of 4 Fwm 5005 D�sA Orom � ��' CITY of ORO O O : O N � �� :�,: -� � RESOLUTION OF THE CITY COUNCIL '�1 ��'��. �, NO. e� � �' � � ,'�` �, �� .� ,, � �� 9kE3II�4� the residence at 202 s.f., an encroachment of the average lakeshore setback line by the two additions at the north and south sides and a hardcover variance within the 75-250' setback area approved at 3,233 s.f. or 28.6%, subject to the following conditions: 1. Upon application for a building permit, applicant shall provide an updated survey locating the exact dimensions of all approved additions. Survey information to include hardcover conf'u�mation as follows: hardcover within the 75-250' setback area at 28.6% and at 30% within the 250-500' setback area. 2. Authorities granted by this resolution 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 (April 11, 1995). 3. 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. 4. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of April, 1994. AT EST: i , Y � 1 . Dorothy lin, �City Clerk ward J. Callah , Jr., Mayor � � L � / � .� ' � ' Rose M. �-Iauser Paul . Hause . / Property Owner (s) Page 3 of 4 (wm 5005 Disl.Orono � o� - O h O CITY of ORONO �. ��'"��'�� RESOLUTION OF THE CITY COUNCIL � 'r�,��`�. '� � � � , �� = '��-�' �, N0. � � �. � . � ' ' �,. G�' �, t9kE`sHo4`'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this l lth day of April, 1994 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 was executed on behalf of the City. ;a.�.:f.. LINDAS.VEE •�• NOTARY PUBLIC-��IINNESOTA � � HENNEPIN COUNTY • �,••�•° My Commission Expires Jan.31,2000 ��w C �—�� ,�,�-�. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of l�q�c 1� , 199.5 before me a Notary Public within and for said county,personally appeared ��,/J' ��,s�r m�r r�ec�. 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. _. �� CAROLE A.HASEMAN ` NOTARY PUBIIC-MMINESOU �,(/�a � ,�/` �.�..✓ �,!�- ;- H9JNEPIN COUHiY ' .,...•' ARy�ommission Expires Jan.31,2�o NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this •�� day of /�1 a�'�h , 199-�before me a Notary Public within and for said county,personally appeared �'c s� /11, �{u,�c s� .^� I�4 r �:�'� _ 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. ` LINDA S.VEE � " � C/�� . NOTARY PUBLIC-MINNESOTA c�,1 �'7� �{`✓ � HENNEPIN COUNTY NOTARY PUBLIC My Commission Expires Jan.31,2000 Page 4 of 4 fnm 5005 DislOrom