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Home My WebLink About#4337 - variance - 1999 , � � O�? � ' V /O O �,. - CITY of ORONO � ��i ,� �� RESOLUTION OF THE CITY COUNCIL �kES� N O. � � �.% '� — A RESOLUTION GRAIti"TING A VARIANCE TO MUNICIPAL ZONI\'G CODE SECTION 10.22, SUBDIVISION 1(B) FILE 1�0. 2509 V�HEREAS,Andrew Ronningen and Kristen Ronningen,formerly known as Kristen Forss, husband and wife, (hereinafter "the applicants") are owners of the property located at 3030 Casco Point Road within the City of Orono(hereinafter"the City")and legally described as follows: Lot 3, Block 1, Kelly's 2nd Addition, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 1(B) for an average lakeshore setback variance to allow the construction of a 22' x 24' two-story addition to the existing home. NOW, THEREFORE BE IT RESOL�'ED by the City Council of Orono, i�linnesota: FINDPIGS 1. This application was reviewed as Zoning File#2509. 2. This property is located in the LR-1C Zoning District where the minimum lot area requirement is 1/2 Acre. The property consists of approximately 30,927 square feet or .71 acres. 3. The Orono Planning Commission reviewed this application on August 16, 1999 and recommended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: A. The neighboring residence to the West was constructed after the applicant's home. Page 1 of 4 r. � ��/V O�r 7 I �O O �.,. - C ITY of ORONO ,� � I �''� G'� ' RESOLUTION OF THE CITY COUNCIL ��9kESH� NO. � � �> '� �_ B. Mature trees are located along both the East and West property lines, extending past the average lakeshore setback line. C. The proposed house addition will not block or interfere with the neiahbors' views of the lake. D. The applicants have agreed to remove all the plastic underlay within the landscaping areas, a total of approximately 436 square feet. E. The construction of the house addition will not exceed the allowable hardcover for the 7�' - 2�0' zone once the plastic is removed, and the total hardcover for this zone after the addition will be 5,221.2 sq. ft. (24.6%). 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 variance would not ad�-ersely affect traffic conditions, light, air, nor pose a fire hazard or other dan�er to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hazdship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 Plannina 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 an average lakeshore yard variance per Municipal Zoning Code Section 10.22, Subdivision 1(B) to permit the construction of a 22' x 24' tw-o-story addition to the home. Approval was subject to the following conditions: Page 2 of 4 i O�r /r I ,/O O �,� - CITY of ORONO � � ti �`,� G'ti RESOLUTION OF THE C17Y COUNC�L �9�SK0¢�' NO. � � � '�' - � 1. All plastic underlain landscaping must be removed at the time of construction and will be inspected as a part of the building inspection. 2. Authorities granted by this variance run with the property not�vith the applicants,but aze permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance �zzll e�cpire on that date (August 23, 2000). 3. 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. 4. z�'he undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hei•eby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meetina held on the 23rd day of August, 1999. ATTEST: „ ° %`�' ` (l i`�-�-- �\� �� Lind'a S. Vee, City Clerk Gab Jabbour, Ma�-or -J-' � �- ' li�,GL� _.-7 � ;./�Cen� — � operty Ow�er (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee,Mayor and City Clerk of the Cit�-of Orono, a Minnesota Page 3 of 4 /��O� � � O O �, CITY of ORONO � � �� ,'� RESOLUTION OF THE CITY COUNCIL t�kESH�4�' NO. � � �'�' municipal corporation and said instrument was executed on Knalf of the City. ��.-��^ s� .. ,. . "'.7.,^"� � .<-� GP,ROLE A NP.SE":-1;�.�1 �� ,y� � � ,P' ..�� NOTARYFL'�L'L-�:��' 'c�:1TA � � �1G �'- /- , �r 1'lL-��r� t �� NF��Fr� �cc �r rY �' �lotary P�.�blic � __� F!�'C^�,:!�.�ss�cn E.;..�J� 3 i.=^r� t k_ _ .:.._,.._ ____.-�-�_�..�_...,,__�_ __.,_� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �;��' day of� � -� . 199 9, before me a Notary Public within and for said County,personally appeared � k�own to��to be e per�on(s) described in and who executed the foregoing instrument, and ackno�-ledged t�he (they) e��ecuted the same as his (their) free act and deed. , ��' �; ,, .:--:,. CF,ROLE A.NASE'��A.�l /• �.tso�?_�c.�� t' •�, .�'� NG i�.hY FUEUC-`i�ih+t_'E�GTA � — —' ,` ', : r�: N,Ey�:FF�N ccur�rY c�� Notary P-_blic �_ •' n+y cr.�,rnissica E, ;s J:o.31.20C� � �'. �_:�:'�a-y^��;,,-.",1,.,---�.�.-%~�-;�:'_�,.��. _>�. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this .�?�of�� day of �r ,a�. �f . 1999 before me a Notary Public within and for said County, personally appeared i.f IPa n n�n��n. n,a r✓'�� known to m: :o be the person(s) described in and who executed the foregoing instrurrient, and ackno�-iedaed r��he (they) executed the same as his (their) free act and deed. y �� - ----�w-"„�T's'?'-? � ��1�pJ � iJp- J 7iYi��.P.�.t.G."l �tl.l � CARG�E A HASF_':'A�l 5� �lctary i�blic �'' ��. NGTrS'(FL ' "'� �`� >.. �;r#�� 'E�ii,-''„<�'E��A 'r ��,- F�GilNr'_FCd CCU�iTY �� ' _. t';!Cr.*:r,i�sic^�:;�es J� �,,2^"!� , .._.___ -,.._�v r.�_..�..Y-_-_ , _ a ..,� . ___:�.�.�_..___s_.�__.�, �_,__ ..- � Page ' of 4