HomeMy WebLinkAbout#4436 - variances - 2000 /�---�
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RESOLUTION OF THE CITY COUNCIL
��`�kESH04�G NO. �� !�. ,._� �
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A RESOLUTION GRANTPIG
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SLBDIVISION 14 (C);
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; AND
SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (L) (2)
FILE #2�43
WHEREAS, Theodore R. Edin and Judith A. Edin (hereinafter "the applicants")
are owners of the property located at 302� Casco Point Road within the City of Orono
�hereinafter "City") and legally described as follo��-s:
That part of Tract A, Registered Land Survey No. 395, files of Registrar of Titles,
Hennepin County, Minnesota, lying Northerly of the following described line: Beginnin�
at the Southeasterly corner of Tract B; thence South�vesterly along a line drawn throuQh
a point on the base line shown on said R.L.S., 80.00 feet Northwesterly from its
intersection with the Southeasterly line of said Tract A, to the shore of Lake
\linnetonka and there terminating: and That part of Tract B, said R.L.S. No. 394, lyinQ
Southerly of a line drawn parallel with and 50.00 feet Southerly from the I�Tortherly line
of said Tract B, said 50 feet being �0.00 feet measured along the Easterly line of said
Tract B, Hennepin County, Minnesota (hereinafter "the properiy"); and
WHEREAS, after due published notice and mailed notice in accordance w�ith
�linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannina
Commission held a public hearing on March 20, 2000, at ��-hich times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
�'VH�REAS, the applicants have applied to the City for variances to Municipal
Zoning Codes Section 10.03, Subdivision 14 (C) to allow lot coverage of 3,576.45 s.f. (232%),
��here 3,589 s.£ (23.3%) exists and 2,305 s.£ (15%) is allo��-ed; Section 10.22, Subdivision 1
�B) and Section 10.56, Subdivision 16 (C) (6) to allow encroachment of 55' into the averaQe
lakeshore setback and Section 1022, Subdivision 2; and Section 10.�6, Subdivision 16 (L) (2)
to allow hardcover in the 7�-250' setback area of 6,118.4� s.f. (67.7%), where 6,960 s.f.
(77.11%) eYists and 2,2�6.� s.£ (2�°/o) is allo�ved to permit replacement of an existing second
story lakeside deck.
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�.� G'� �� RESOLUTION OF THE CITY COUNCIL
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2543.
2. The property is located in the LR-1C Zoning District, where .5 acres or 21,780
s.f. is the minimum lot area. The property consists of .35 acres or 15,3�0 s.f.
3. The Planning Commission reviewed this application on Mazch 20, 2000 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. Lot coverage is being reduced from 3,589 s.£ (23.3%) to 3,576.45 s.f.
(23.2%).
B. Hardcover in the 75-250' setback area is being reduced from 6,960 s.f.
(77.11%) to 6,118.�� s.£ (67.7%).
C. The lot is unusually small and narrow for the LR-1C zoning district.
D. The residence was built prior to the current zoning standards.
E. Encroachment into the average lakeshore setback will not adversely affect
the neighboring property.
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�,� �'� j RESOLUTION OF THE CITY COUNCIL
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5. The City Council finds that the conditions existing on this property are peculiar
to it and do not appl}- 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 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 with the spirit and
intent of the ZoninQ Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Plannin� Cornmission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the communiri-.
CONCLUSIO\S, ORDER A.ND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
;rants variances to Municipal ZoninQ Codes Section 10.03, Subdivision 14 (C) to allow lot
coverage of 3,576.�� s.£ (23.2%), «�here �,�89 s.f. (23.3%) exists and 2,�05 s.£ (15%) is
allo��-ed; Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allo�v
encroachment of �S into the averaQe lakeshore setback; and Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) (?) to allow hardcover in the 7�-2�0' setback area of
6.113.4� s.f. (67.7%), where 6,960 s.£ (77.11%) e�cists and 2,2�6.5 s.£ (2�%) is allowed to
permit replacement of an existing second story lal:eside deck. Approval is subject to the
f�llowing conditions:
1. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Eshibit A. Any amendments to the site plan may require
further Plannin� Commission and City Council review.
2. The applicant shall remove plastic from rockbed on the property within 90 days
of receiving a buildin� permit.
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RESOLUTION OF THE CITY COUNCIL
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3. The applicant is advised that the hardcover items and percentages approved with
this resolution are approved only in conjunction with the approved plan, and this
approval does not intend to grant approval for any other future plan that may be
proposed in the future at the same hardcover percentage.
4. 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 (April 10, 2001). '
5. 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.
6. 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 aaree to the recording of this resolution in the chain of title of
the property.
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RESOLUTION OF THE CITY COUNCIL
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L�ESH� NO. .;� ��,
Adopted by the Orono City Council on this lOth day of April, 2000.
ATTEST:
�����,�r_cC�/� C/1Z-P �°'`,--' �
Linda S. Vee, City Clerk Ga �iel Jabbour, M or
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COLNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this l Oth day of April,
2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
�tinnesota municipal corporation and said instrument was executed on behalF of the City.
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�s r�+::: M:��ZY�,i�'�J JOhNSON
�� "r�� NO'ARY PuE3LIC•h?!Dl�cSOTA
-,`''�'�'`: A,1�,Commission Exp�ras��:n.31,2005
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPN )
On this . n d day of �u � v �-�- ,200 �before me a Notary Public within and
for said county, personally appe�red � e c c!c���e- �' Cd��� Q n�� J�d r fh 1,-�- �a�,n � �,�,N�
l�nown 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. �
, ,��. ��,p� ! V�� �.,�'G /Li(�rS�(/�
� MARY�,�_�1 JOMiVSON No �Public �i
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`• �_��� NOTARYPU3UC-M,(NNESOTA
� Wfy Corrunissic;i E�p,r�s�zn.31,10�
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STATE OF MINNESOTA )
) ss.
COLJNTY OF HENNEPN )
On this day of ,200_before me allotary Public�vithin and
for said county, personally appeared
l:.no��n to me to be the person(s) described in and �vho executed the foregoin� instrument, and
acl:now°ledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Pa?e 6 of 7
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