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Home My WebLink About#3585 - variances - 1995 - � ' '�r . . 7 O I � O O ( - �� CITY of ORONO � pb � \ �, c� I � G'�� RESOLUTION OF THE CITY COUNCIL t9kESH�4� NO. c3 � � er7 A RESOLL'TIOi� GRAi\7TLNG VARI�IV'CES TO ��.J�IC�� ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C) r�I�rD 10.22, SUBDIVISIOI�T 2 FILE \TO. 2034 W�REAS, Gene A. Zulk and Mary T. Zulk (hereinafter "the applicants") are the owners of the property located at 1400 Cherry Place �vithin the Ciry of Orono and leaally described as follows: Lot 1, Block 4, Crystal Bayview, Hennepin Counry, Minnesota (hereinafter "the property"}; and WHEEREAS, the applicants have applied to the City for variances to Municipal ZoninQ Code Section 10.03, Subdivision 14 (C) and Section 10.22, Subdivision 2 to permit construction of a 10' x �6.3' covered deck addition to the street side of the residence seeking approval of a structural covera�e variance of �64 s.f. or 4.9%o, structural coverage exists at 17.6% and is proposed at 19.9 0, and 4,000 s.f. or 49.6 o hardcover improvements are proposed within the 75-250' setback area where only 2�% is allowed and where 3,962 s.f. or 49.2� exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: F�TDINGS 1. This application was reviewed as ZoninQ File #2034. ?. The property is located in the LR-1C Lakeshore Residential Zonina District requirinQ 21,780 s.f. or one-half acre in area. The property consists of 11,404 s.f. or .26 acres. 3. The Orono Plannin� Commission reviewed this application on July 17, 199� and recommended appro��al of the variance application as amended. based upon the iollo�;�ina unique findinas and hardships: A. There is no adjacent land available for applicant to acquire. Paae 1 of � . ... _ ., � O� O O\ � �� TY of ORONO 4b - CI II � ,,,;,; � �.� G'� � RESOLUTION OF THE CITY COUNCIL � � / � � S 5 �kEST�I�4L N O. B. The property is smaller in area than the surrounding lakeshore lots on Cherry Place. The majority of the surrounding properties are made up of two lots that are legally combined as one buildin� site. C, The steep topo�raphies at the west side of the property require an access structure or path leadina from parking area to residence. D. Existing access to interior of residence at both the west and north side of the residence is inadequate and unsafe. E. The proposed structural improvement will have no impact on adjacent residential properties. Both adjacent property owners have submitted letters in support of the proposed improvement plan. 4. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that aranting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neiUhboring 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. 5. The City Council has considered this application including the fmdings and recommendations of the Plannin� 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. CONCLUSIONS, ORDER AND CO��ITIONS Based upon one or more of the above findings, the Orono City Council hereby arants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C) and 10.22, Subdivision 2 to permit construction of a covered deck addition to the street or west side of the residence not to,exceed 212 s.f. in area resultin� in an increase of 212 s.f. or 1.8% structural coverage and a structural coverage variance of 513 s.f. or 4.4%. Total hardcover is approved at 3,949 s.f. or 49%o, a decrease of 13 s.f. or 0.1% hardcover. Approval is subject to the following conditions: Paae 2 of 5 '� 4� � O� O O 1 °e.-. 1; CITY o� ORONO � F�i .� G'� RESOLUTION OF THE CITY COUNCIL ��kESH��' NO. `e3 3 S � � l. Prior to the footin� inspection for the new construction, applicant shall remove 17� s.f. of stone patio area as shown on Paae � of this resolution. 2 Authorities aranted by this variance run with the properry 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 (July 24, 1996). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zonin; code, shall automatically terminate any authority aranted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby aQree to the recordin� of this resolution in the Chain of Title of the property. Adopted by the City Council of the Ciry of Orono, Minnesota at a regular meetin� held on the 24th day of July, 199�. AT ST: � , � Doroth�� M Hal in, Citv Clerk Edward J. Call n, Jr., ayor � �� ,�- � � �� ,�, Propem� Own ) STATE OF MINNESOTA ) ) ss. COU\TY OF HE?�TNEPIN ) The fore�oinQ instrument was acl:nowledQed before me on this 24th day of July, 199� by Eci«�ard J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. CAROLE A HASEMAN �/�� n / �o ��/�-�•��' < �Tqpyp�l�-MINNESOTA Notary Public HBrNEP�H res.lan.31,2�N) 'e My Commissian Expi PaQe 3 of 5 -. � _• � � O� � O O , �:b - ;; CITY of ORONO I � � �� '� G'� RESOLUTION OF THE CITY COUNCIL � � 3 5 � 5 �kESH�� NO. STATE OF �1INNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this //� day of u,�� , 199 ,� , before me a Notai-y Public within and for said County, persona appeared n �-� � -�� known to me to be the person(s) described in and who execut, theif�ore�oing instrument, and acknowled�ed that he (they) executecl the same as his (their) free act and deed. / �C.��ic.G�_- .• �~ JAMIE L.BOSMA ( >-��-�-�� ; . N07H�NE�PI COUNTY�TA Notary�P blic •,�•••'� Niy Corrtmisslon ExDires Jan.31,2000 ' STATE OF �1INNESOTA ) ) ss. COUN"I'Y OF HENNEPIN ) -f 199`� , before me a No�ary Public On this��ay of /� �� , � wic(lin and for said County, personally appeared C�t�� ,Q �� i� r1-,� �-✓'��"�� kiio�vn to me to be the person(s) described in and «�ho executed [he foregoing instrument, and ackilowleciRecl [hat he (tliey) executed the same as }lis (tlleir) free act and deed. � �C2 h� r�.��C/ ��ioa�2rz-cJ • CAROLE A.HASEMAN Notary Public ��7` � NOTARY PU$lIC-MINNESOTA ' HBJNEPIN COUNTY �w M Commission Expires Jan.31,2�0 �.< Y Pa�e 4 of � ,- � � � . �y�(; � �..��:.0 ;j.,,z.�,.�� 9 i-� s;. �, �� { �T c,��ust� r�,�oscrr W(LLlAM D. SCHOELL SChOELL �- �l•^��SO1V� I�� r�oi�TLAcn uno au�vc7oR LC(fcR£'] CtVlL ENQiNLL7� `VG„y`c,_a5 Y SURVEYOR I�IMM� VO. tJT; n r�wr+. VO. 21�• �I�� f0. :.AX. 71I oo. �/�+c 7s■ 70 h11NTN ♦V[NU[ 30UTM ��. No. s.�74 MOlKINS. MINN[10TA Yllf. MO. [.�17f IOMA MO_]7Cf r�ario� r+o. �:�i P1iCM[: �"t"�-'� xo. �wr. t�o• Ho. �„K. �3� 33S-76Q1 MON7. MO_ 17�1-• ��"T. 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