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Home My WebLink AboutResolution 1932 �.;,� ��• Clt� o� ORONO • � R�SOLUTION OF THE CITY COUNCIL � NO. 1932 • - • • � A RESOLIITION GRANTING A VARIANCE TO MONICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #842 WHEREAS, Robert H. Zimmerman (hereinafter "the applicant") is the owner of the property located at 3415 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block l, "Wiley's Park" (hereinafter "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 an attached garage and deck which would increase the hardcover in the 75-250' lakeshore setback zone to 28.5$ where only 25� hardcover is normally allowed. • NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #842. 2. The property is located in the LR-1C Zoning District. 3. The Orono Planning Commission reviewed this application on February 18, 1986, and recommended approval of the proposed variance based upon the following findings: A) Applicant's hardship is that there is no existing usable garage. B) The proposed variance is consistent with variances re- cently granted elsewhere in the neighborhood. C) The proposal includes a slight decrease in the 0-75' hardcover. � 4. 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. Page 1 of 4 ,� . ,� C�t� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 1932 � - � • 5. 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 appli- cant; 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 2 to permit the construction of an attached garage and deck which will increase hardcover in the 75-250' lakeshore setback � zone to 28.5� where only 25� hardcover is normally allowed: • � 1. A variance is granted to allow the following specific additions (also see Exhibit A attached) : a) 22 'x24 ' attached garage at rear of existing house. b ) 10. 8 'x21. 9 ' and 3 'x14.5 ' deck at front of existing house. c) 10' wide driveway extending 100' rearward from the 75' lakeshore setback line, and driveway apron of approximately 24'x18' in front of garage. 2. The maximum allowable 75-250: hardcover as a result of the granting of the variance is 3425 square feet or 28.5$. Applicant is notified that any future additions of hardcover on the property will likely not be approved by the City without concurrent removals of existing hardcover. 3. As a part of this variance approval, applicant shall remove the following items� of existing hardcover prior to final inspection of the additions (also see Exhibit A attached) : a) removal of rear garage shed (222 square feet) , � b) removal of 25' rear portion of gravel driveway (250 square feet) , • c) removal of front gravel parking area to retain a maximum width of 10 ' for driveway purposes only ( removal of approximately 312 square feet in 75-250 ' zone) . Page 2 of 4 � �`". s, � C�t� o� ORONO • Q� . RESOLUTION OF THE CITY COUNCIL � NO. 1932 • � • • 4. The deck allowed on the front of the house shall be no higher than the main f loor of the house, plus the standard rai ling. Any � enclosure of the deck will first require a variance to the average lakeshore setback. 5. 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 (February 24, 1987). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shal 1 automatically terminate any authority granted , herein, and shal 1 be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby • agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of February, 1986. ATT T: . �. !' � , " ,�fww- �/�'G.tt.�-- D othy M. 11in, City Clerk Tim Adams, Acting Mayor r e y Owner • Page 3 of 4 . �'� �1 � Clt� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 1932 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this J'I� day of /'��G� , 1986 before me a Notary Public within and for said county, personally appeared �g�2� � . Zi��rilA� 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. MIICHAEL P.GAFFRON � �wry, g��(`,.MINNESOTA • �� NOTARY PU • �-1 mNNEP1EN iCOUNT`1e87 NOTARY PUBLIC `°�+�4,,. MY� . � � s�,�� l /�87 MY COMMISS ON EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, 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 4 of 4 ��-SOLl�.�t o N I�o. .19 3� , a ` . . . . . . _ . � � ��s,r � CERTIFICATE OF SURVEY �'—' - . 19ab .�at��e�.��. � � B11J DU�ONT/1VGNUE SOV7H ' � ` • ��t �IS�� • 9LUOMINfTON,MINN. 55�30 ' ��' ��SA�► tl8B=30U4 . r ��• _ � LANDSURVEYORS � ,i �,.,` � � � +` ' _ . ��'',��f.��NF-T-I�,V �li� r r _, � � 92_9_ ��7 � L'�^ � ��'`�� ° y �� " " � � " � — -- vt- _ - - - • . ,, � , 3z1/ ` ��_ �• `7_'` � ��! .- � C�PSiSTAL�.��4��F�c�,r� - • , 93z 3 . 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Y. � �g-�r..� `.' ` � Q aSBa- f 1 B.g � � �, �� °' .°"�- � �� `a��,�a�r z.ez �� 1`��f ' • . . 1, � Q . �� oP, e , �I I � . � �� {.G�f a�°'`" k F x , J r��9� �� Survey for: l 933� �Z �O•B 93ji ,ROBF�T 7TMMERMAN ; �� V ' � /N� �ur,�NG �!- 1 °r . 1 � ��;2`�'^�J�� +. � �� `O�' x . � - I)ESCRIYTI0T1: I � Lot 2� Klock 1, • x °W]LEY'S PARK" , ` S��D �� TiN JE' 9J3a�Z � C��:�D ` _ �y�/� � `x �� `'� h � � r —_ � � �. �a.3� . o �� { �.,�,�� /.SO / Io' �_� r�— //o✓� � �f � -.�,,/91¢'1 RN K /%n - - "- 7,��',P.L/NE��N �/�'�'�r� � I �'Ve hereby certity that his is a lrue and Gorrect representation of 1 SU1'\�cy uf thc boundariea of lhe land above described and of the locatio�r o[all buildintis, if.uiy, thereon and all��isible encroachments, it any, from or on saicl l:i Dated this_25th_d:iy ot A�'_l.l.�—•-----' 19�30__. .'_ � _/�� . . . . .f�'�./'---�--�-