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Home My WebLink AboutResolution 1991 l' .� .. ......._ .. . . . . . � Clt� o� ORONO • Q� RESOLUTION OF THE CITY COUNCIL � NO. 1991 • - • • A RESOLIITION GRANTING A VARIANCE TO . MDNICIPAL ZONING CODE SECTION 10.22, SDBDIVISION 2 AND SECTION 10.24, SQBDIVISION 5 (B) FILE �1021 WHEREAS, Jan & Nora Akerberg (hereinafter "the applicants") are the owners of the property located at 4075 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows : . Lot 11, Highwood Lake Minnetonka, Hennepin County, Minnesota; • (hereinafter "the property" ) ; and � � WH$REAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.24, Subdivision 5 (B) to permit the construction of a room addition � and detached garage, which garage will be located 27' from the street lot �line where a 35 foot setback is normally required, and which will • incr�ease hardcover in 75-250' lakeshore setback zone from 34.3g existing to 35.9�, where only 25$ 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 #1021 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 21, 1986, and recommended approval of the proposed variance based upon the following findings: A) The proposed garage will replace an existing garage which is 1.7 feet from the side lot line and 4.1 feet from the street lot line; the new garage will be located to meet the side setback requirement and nearly meets the required street setback requirement; and the new garage opens to .the . � side, thus creating a safer street access. B) The applicant can remove significant amounts of existing • hardcover so that no net increase in hardcover would result; the Planning Commission recommended an increase in hardcover by allowing a 165 square foot area of rock-covered plastic to remain in place in order to maintain adequate basement water protection. Page 1 of 4 i^�- • . ' . .. .... Clt� o� ORONO • Q� RESOLUTION OF THE CITY COUNCIL � NO. 19 91 • � • • 4. The property contains 3,604 square feet (34.3� ) of existing hardcover in the 75-250' setback zone. The proposed hardcover in the 75-250' zone, including the 165 square feet of gravel over plastic, is 3,769 square feet or 35.9�. 5. There is an existing boathouse in the 0-75' setback zone, which is partially located within the adjacent City alleyway. The total hardcover in the 0-75' setback zone is 544 square feet or 12.4$. ' 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other • ';property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.24, Subdivision 5 (B) to permit the construction of a room addition and detached garage, which garage wi 11 be located 27' from the street lot line, and which construction wil 1 result in an increase in hardcover in the 75-250' lakeshore setback zone from the � existing 34.3� to 35.9$, subject to the fol lowing conditions: 1. The maximum hardcover allowed on the property in the 75-250' setback zone is 3,769 square feet or 35.9�. Applicant is advised that any future requests for additional hardcover on the property wil 1 not be approved and might be approved only with concurrent removals of equivalent amounts of existing hardcover. 2. The existing boathouse on the property is considered a non- • conforming struct,ure by virture of its location in the 0-75' setback zone and because it is located partially within the City right-of-way, and therefore is subject to the various ordinances pertaining to such structures. Page 2 of 4 . . .. �. . . �- C�t� o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � NO. 1991 • � • • � 3. 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 (May 12, 1987 ). 4. 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. � 5. 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 Counci 1 on this 12th day of May, 1986� • � ATTE . M. � ��/I ✓ • ' / \ � `.// Do othy M. lin, ity Clerk Mary C. B r, Mayor �� i, �4. Property Owner • • Page 3 of 4 a T<',�� , , . . • . G�t�� o� ORONO � � ; � � Q� RESOLUTION OF THE.CITY COUNCIL „ _ � � NO. 1991 • • • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ �� day of � �/�'`, , 1986 before me a otary P blic within and for said county, personally appeared �/p,�„�. �� 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. � ; GAF FR�N ` MIICHAE�BP�.MINNESOTA ,/.".?;'w°''� ,p10TARY P �Jq.ITY NOTARY PUBLIC :r,'�'�'—` 1-1ENNEP�N�C��ne�t.�se� • .ti� My Commission�P �� s �N�- //, / 9 �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �N�� day of Jfi�� , 1986, before me a Notary Pu,�lic within and for said County, personally appeared ��l ��,.��2� 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. ' ,N+N''�'�G,AFf�d NO ARY PUBLIC ' . MICHAEuBPc'M1NNC �CY �+""'�, NOSARYP DV��,1997 _�s • H NEP�Pc S�u� � ' MY�'Om}Sgton , • `� .�� // � 98� . MY COMMISSI N EXPIRES ' Page 4 of 4