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Home My WebLink AboutResolution 1813 _ :�' v N�` 4 :� -: C�t of OROl�O � d �, � � R, > : RESOLUTION OF THE CITY COUNCIL . � � NO. 1813 �= , � � ' �.�`� . ...� ;' - ,:�;...,,: . A RESOLUTION GRANTING � A VARIANCE TO MIINICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE �942 WHEREAS, Arthur & Dorothy Finkelstein (hereinafter "the applicants") are owners of the property located at 1740 Shadywood Road within the City of Orono (hereinafter "City") and legally � described as follows: . Lot 14 and 15, Shadywood, Hennepin County, Minnesota (here- inaf ter "property"); and � WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a garage addition which will increase hardcover in the 75-250' setback zone, where the existing hard- • cover percentage exceed the 25� allowable limit. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS ' 1. This application was reviewed as Zoning File #942. ' 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application � on July 15, 1985, and recommended approval of the proposed variances based upon the following findings: A) The applicants propose to concurrently remove por- ; tions of existing gravel parking area so that there wi 11 be no net increase in hardcover on the property. � B) Since the applicants purchased the property in June 1984, they have removed portions of pre-existing- . plastic lined rock bed hardcover on the property, and � they have stated their intent to remove additional such plastic lined rock beds locat'ed in the 0-75' setback . � zone. Page .1 ,of 4 . � . . i � � �� c�t� o� o�,o�o • RESOWTION OF THE CITY COUNCIL �� NO. 1813 � � • ' • • C) The existing boathouse on the property is considered a non-conforming structure and subject to the pertinent ordinances. 4. The appl.icant has removed certain hardcover items since the variance application commenced, reducing from 2347 square feet of hardcover (25.6�) in the 0-75' setback zone to approximately 2100 square feet or 23.0� hardcover, and reducing from 4640 square feet in the 75-250' setback zone (41.8�) to approximate ly 4 619 square f eet (41.6�). Other hardcover items are available for removal. 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 Counci 1 f inds that the conditions exi sting on • this property are peculiar to it and do not apply general Iy to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, I.ight, 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 pre- serve 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. CONCLOSIONS, 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 2 to permit the construction of a garage addition with concurrent removal of existing hardcover resulting in a net decrease of hardcover on the property, subject to the following conditions: � 1. Applicant has removed certain hardcover items in the amount of approximately 247 square feet in the 0-75' setback zone and 21 square feet in the 75-250' setback zone. Appli- cant shall remove an additional area of hardcover directly behind the existing garage, which constitutes a removal of approximately 40 square feet in the 75-250' zone and appro- � ximately 122 square feet in the 0-75' zone. In addition, applicant shal 1 remove the portions of sidewalk between the house and the new garage, constituting approximately 50 square feet in the 75-250' zone. Page 2 of 4 . . . � Clt� Of DI�,�l�� ., RESOWTION OF THE CITY COUNCIL � NO. 1813 • • ' • • 1 continued. The net resulting hardcover then is 4529 square feet (40.8�) in the 75-250' zone and 1978 square feet (21.6�) in the 0-75' zone. Applicant is placed on notice that the hardcover may never exceed these resulting amounts, and that any future proposals for additional hardcover may not be approved and might be approved only with concurrent removals of existing hardcover. 2. Council additionally grants approval for applicant to construct a driveway backup apron not to exceed 300 square feet, which addition of hardcover shall. be concurrent with the removal of an equivalent area of hardcover on the property at such time the apron is constructed. � 3. The applicant is placed on notice that the existing boathouse structure in the 0-75' zone is considered a 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 (August 26, 1986 ) . 5. 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 shal 1 be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and here- by agrees to the terms of this resolution and on behalf of himsel.f, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of titl.e of the property. Adopted by the Orono City Council on this 26th day of Augus , 1985. ATTE T: , � � • Do othy M li , City Clerk Mary C. B 1 r, Mayor G (1) Property O ne Page 3 0 4 .- ., � ' ` ^ � , Clt� of ORO1�0 S : •� - ' �RESOLUTION OF�THE CITY COUNCIL � ��' ' � NO. 1813 � � ' . , � �'. � , • • • • � �;� . • STATE OF AIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , On this Z.� � day of �u-�S� __, 1985 before me a otary Public within and for said county, personally appeared ��yu� ,� . �,✓K�LS�-��/ known to me to be the person(s ) described in and who executed the foregoing instrument, and acknowledged that he� (tliey) executed the same as his (their) free act and deed. : ..�""'�, MICHAEL P. GAFFROP,I � � � � �� NOTARY PUBLIC-MINNES'�TA � NOTARY PUBLIC �3j�' ' HEI�[NEPIN COUP�;TY � �'' My Commission Expires Jun�1!,� ..P�."�'\D.An^... . ',� . .�1� , ��87 . MY COMMISS ON EXPIRES , STATE OF MINNESOTA ) )ss. . . COUNTY OF HENNEPIN ) . ' On this � �3�"D day of �uc-�csT , 1985, � before me . a Notary Public wit-hin and for said County, personally appeared /�o��f-'�l � . �—/n��GS?�2N known to _ me to be the� � person(s) described in and who executed the foregoinginstrument, , and acknowledged that he (they) executed the same as his (their) free act and deed. � . ._.;;�;w� . . � <'''� „ , o�Cl-IqE(, p. OTARY PUBLIC �� HE RY P(�gCIC MqFFRON � � .�.... n,tycomNNoP�N C�V�sorq - . • , � �p�res�une TY �� /9�� , . ,,.,98, J�� „ MY COMMISSI N EXPIRES Page 4 of 4 `