HomeMy WebLinkAbout#3949 - variance - 1997 T 1 • •
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��� ��,'�' RESOLUTION OF THE CITY COUNCIL
9kESH�g' NO. 3 � 4 9
A RESOLUTION GRANTING
A VARIANCE TO
MLTNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #2274
WHEREAS, Bryce E. Peterson and Mary Pat Peterson (hereinafter "the
applicants") are owners of the property located at 2829 Casco Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 116, in Spring Park, Lake Minnetonka, together with the lake shore property
contiguous thereto, containing that portion of the Lake Shore Avenue, heretofore
vacated; defined by an extension of the Easterly and Westerly boundary lines, of said
lot to the shore of Lake Minnetonka, according to the plat thereof on file or of record
in the office of the County Recorder, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance from
Municipal Zoning Code Section 10.22, Subdivision 2 to add a 10'9"x4' bay window which is
considered structural hardcover to an existing residence to be located over existing rock which
is considered non-structural hardcover. A variance for hardcover in the 75-2�0' setback is
required to allow 6,417 sq. ft. or 59.65% hardcover where 6,460 sq. ft. (60.05%) is existing
and 2,689.25 sq. ft. (25%) is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2274.
2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning
District where the minimum lot area requirement is 1/2 acre.
Page 1 of 5
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�� �'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�4� NO. 3 9 4 9
3. The Orono Planning Commission reviewed this application on August 18, 1997,
and recommended unanimous approval of the proposed variance based upon the
following unique findings and hardships:
A. The subject property. does not meet the minimum lot area or lot width
requirements.
B. The topography in the 0-75' setback from the lakeshore is steep. The
hardcover in the west side yard is needed to redirect water away from the
existing residence.
C. The bay window will be located over existing rock in the side yard.
4. The City Council finds that the conditions existing on this property are peculiaz
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, lioht, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; 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 findings, the Orono City Council hereby
grants a hardcover variance to install a 10'9"x4' bay window over existing rock per Municipal
Zoninj Code Section 10.22, Subdivision 2 to permit 6,417 sq. ft. or 59.65% in the 75-250'
setback where 6,460 sq. ft. (60.0�%) is existing and 2,689.25 sq. ft. (25%) is allowed, subject
to the following conditions:
Page 2 of 5
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� �� �,'� RESOLUTION OF THE CITY COUNCIL
t9kESH�4� No. 3 9 4 9
1. Applicant is to remove 43 sq. ft. of rock from the area adjacent to the detached
garage prior to install the bay window, per attached Exhibit A.
2. Authorities granted by this variance 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 (August 25, 1998).
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 Orono City Cuuncil on this 25th day of August, 1997.
AT ST:
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Dorothy . lin, Cit ei Gabrie Jabbour, Ma
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Pro Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of
August, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Mulnesota municipal corporation and said instrument was executed on behalf of the
City.
CAROLE A HASEMAN ��,.d"_/.c
NOTARYPUBLIC-MINNESOTA � � �-r��'—�
..-�. HENNEPIN COUNIY Notary Public
•.-•• My CamMsslan Expfres Jan.31,2�00
Page 3 of 5
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�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�4� No. 3 9 4 9 �
STATE OP MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of ��,��f , 199'1 , before me a Notary
n :,b�nda ,✓i�'�
Public within and for said County, persona y appeared �,•„er �. �.�+�rs�:,� �I�y„ P�tPP�p,�:-, /
known to me to be the person(s) described in and who executed t�'�e foregoing instr,�ment, and
acknowled�ed that he (they) executed the same as his (their) free act and deed.
CAAOLE A HASEMAN �� �•, ����-.�
a�` � NOTAAYPUBIIC-MINNESOTA Notary Public
• HENNEPIN COUNTY
My Commission Ezpires Jan.31,2�d0
STATE OF NIINNESOTA )
) ss.
COUNTY UF HENNEYIN )
On this day of , 199 , before me a I`dotar}�Fublic
� witllin and for saicl County,personally appeared
known to me to be the person(s) described in and who executed the foregoing instruinent, and
acknowlectged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 5
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