HomeMy WebLinkAboutResolution 2102 i ',ti
� ` w� '� �� Cit o� ORONO
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`� �:,' RESOLUTION OF THE CITY COUNCIL
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'� �� � NO. 2102
,aM°y`:�' �t
r��. -.� � " A RESOLIITION GRANTING
,��.�..�•�, A VARIANCR TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1088
' WHEREAS, Dale J. McCurdy (hereinafter "the applicant") is
the owner of the property located at 4041 North Shore Drive within the
City of Orono (hereinafter "City") and legally described as follows:
Lots 7 and 8, and that part of the Easterly 11 feet of Lot 9
lying Northerly of a line described as follows: Commencing at
the intersection of the Westerly Iine of said Easterly 11 feet
with the Northerly line of said Lot 9; thence Southerly along
said Westerly line a distance of 157.25 feet to the point of
beginning of the line being described; thence deflecting left to
a point on the East line of said Lot 9 distant 217.3 feet
Southerly from the Northeast corner of said Lot 9, and there
ending, Highwood Lake Minnetonka, Hennepin County, Minnesota
(hereinafter "the property"); and
WH$REAS, the applicant has applied to the City for a
� variance to Municipal Zoning Code Section 10.22, , Subdivision 2 to
permit the construction of a detached garage which wil� increase
• hardcover in the 75-250' lakeshore setback zone in excess of the 25�
" hardcover Yimit normally allowed. - �-
NOW, THER$FORE, BS IT RESOLVED by the City Council of Orono,
Minnesota: � '
' � FINDINGS � >
. � 1. This application was reviewed as Zoning File #1088.
2. . The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
November 17, 1986, and recommended approval of the proposed
, variance based upon the following findings: � `
A) The steep slopes on' the property make it unfeasible to
� ].ocate a detached g.arage elsewhere on the property.
B) The existing 1-car detached garage is partial ly within
the right-of-way of North Shore Drive. This garage cannot
feasibly be expanded but is necessary for the appYicant's
• winter vehicle parking when the driveway is impassable.
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� Cit o� ORONO
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• � �� �
RESOLUTION OF THE CITY COUNCI L
"� NO. 2102
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� ) Existing municipal sewer lines on the property limit the
potential locations for a detached garage.
D) Due to the steep s lope up to the roadway and the 1 imited
sight distance, it is necessary to provide a backup apron
near the house so that vehicles can travel forward up the
hill.
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.
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 mere�y serve as a convenience to the applicant, � but is
• necessary to al leviate 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 CounciY hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 2 to permit the construction of a detached garage which
will increase the hardcover in the 75-250' lakeshore setback zone to
28.6� where only 25� hardcover is normally aYlowed, subject to the
fol,Iowing conditions: �
l. Applicant shall remove the approximately 250 s.f. of plastic
sheeting west of the house. Hardcover al lowed on the property is
as follows:
0-75' I,akeshore Setback Zone: None - �
75-250 ' Lakeshore Setback Zone:
House 1, 068 s.f.
West Sidewalk 60 s.f.
Front Patio 144 s.f.
Driveway 3, 308 s.f.
Existing Garage 280 s.f.
• East Sidewalk 215 s.f.
Proposed Garage 832 s.f.
5,907 s.f. or 28.6� � �
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� � _ � � Ci.t� o� ORONO
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�� �{ RESOLUTION OF THE CITY COUNCIL
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� NO. 210 2
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75-250 ' Lot Area is 20,625 s.f.
Applicant is advised that any future proposals resulting in
additiona 1 hardcover on the property W�1 i not be approved, and
might be approved only with concurrent removals of existing
hardcover resulting in no net hardcover increase.
2. Applicant shall grant the appropriate utility and access
easements for existing sewer lines on the property.
3. The existing 1-car garage located partially within the right-
of-way of North Shore Drive is a non-conforming structure and is
subject to the pertinent ordinances governing such structures.
4. 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 wilY expire on
- that date (December 8, 1987).
� 5. 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 shal 1 be punishable as a misdemeanor. - -
6. 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 8th day of
Dec mber, 1986. _
ATT ST:
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Dor thy allin, City Clerk Mary C. tler, Mayor
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Property wn (s)
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� � C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� � NO. 210 2
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��� day of �(�.�i���'' , 198�j
before me a Notary Public within and for said county, personally
' appeared ,( � ��. ,�. Sh i r I� S� �'}1C�G��-I known to me to be
the person(s) described i and who ex cuted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed. •
Tt1�pE8A L. NAAB , � ����
��11Y pUdLiC- MINNESOTa � -
��oN C�O�sN�92 NOTARY PUBLIC
• � q_ �.��
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. - -
COUNTY OF HENNEPIN ) .
On this day of , 198 , 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
. � __.
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