HomeMy WebLinkAboutResolution 2155 4 '
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A RESOLUTION GR1�iNTING
A VARIANCE TO
MUNICIPAL ZONING CODE
' SECTION 10.22, SIIBDIVISION 1 & 2
AND SECTION 10.24, SIIBDIVISION 5 (B)
FILE #1121
WHEREAS, Kenneth Zullo (hereinafter "the applicant") has an
interest in the property located at 3160 North Shore Drive within the
, City of Orono (hereinafter "City") and legally described as follows:
Lot 4, Block 2 and Lot 3, Block 4, Crystal Bay Park, along with
the adjoining vacated View Avenue, Hennepin County, Minnesota
(hereinafter "the property"); and
• WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.24, Subdivision 5 to
permit the construction of a single family �residence on a lot 100' in
width where 140' of width is required; and a variance to Section
10.22, Subdivision 1 to construct said residence in a location such
that it wil 1 encroach 4' into the average lakeshore setback zone where
no encroachment is normally allowed; and a variance to Section 10.22,
: Subdivision 2 to al low hardcover in the 75-250' lakeshore setba�k zone
in excess of the 25$ hardcover normal ly al lowed.
NOW, TH�REFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
• FINDINGS
1. This application was reviewed as Zoning File #1121.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
' March 16, 1987, and recommended the following:
A) Approval of the lot width variance finding that the
property contains an existing residence that will be
• removed, that the proposed new residence can be constructed
to meet the minimum side setback requirements, and that no
additional land is available to make this a more conforming
lot.
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• ' �° �"' ����? 'RESOLUTION OF THE CITY COUNCIL
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B) Approval of the variance to allow hardcover in the 75-
250 ' setback zone in an amount of 28 � in order that
applicant may construct the driveway and backup apron as
proposed near the garage, finding that it would be
functionally and aesthetically inappropriate to require that
the backup apron be located in the 250-500' setback zone,
over 7 0' f rom the garage area.
C) Denial of the variance for encroachment into the average
. setback zone, finding that no hardship exists and that this
is new construction with the ability to meet all setback
requirements.
• 4. Applicants have revised their original proposal so that the
8' average lakeshore setback encroachment originally proposed now
will not exceed a 4 ' encroachment.
5. The City Counci 1 f inds that the proposed encroachment into
the average lakeshore setback will have less of a visual impact
on the lakeshore views o�f the neighboring property to the east
than if the house was located in the most northeasterly corner of
the legal building envelope, hence a denial of the requested
variance could potentially have a more detrimental effect on the
neighboring property than approval of the variance. The intent
of Section 10.22, Subdivision 1 will be better served by granting
" the requested average lakeshore setback variance.
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 general ly 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.
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• RESOLUTION OF THE CITY COUNCIL
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CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.24,
Subdivision 5 to permit the construction of a single family residence
on a lot 100' in width where 140' of width is normally required; and
grants a variance to Section 10.22, Subdivision 1 to construct said
residence in a location such that it will encroach 4' into the average
lalceshore setback zone where no encroachment is normally allowed; and
a variance to Section 10.22, Subdivision 2 to allow hardcover of 28�
in the 75-250' lakeshore setback zone where only 25� hardcover is
normally a�llowed, subject to the following conditions:
l. The house location and configuration approved is shown on
Exhibit A attached. Encroachment of the proposed 4-season porch
. . 4' into the average lakeshore setback area is allowed only at the
location shown. Any substantial revision of this house location
that results in a more severe encroachment on neighboring
properties' views wil 1 be subject to further Council review.
�} 2. Hardcover allowed in the 75-250' setback zone is 28� of
� 17,500 s.f., or 4,900 s.f. allowed. .This variance is granted
specifically to enable applicant to provide for entryway and
driveway backup apron near the house with the existing house size
and configuration. Applicant is advised that the house at
approximately 2,338 s.f. -and deck/screen porch at approximately
� 788 s.f. shalJ, not be increased in size as a result of the
granting of this hardcover variance.
3. Applicants are advised that the existing 9'xl8' storage
building near the lakeshore is considered as a non-conforming
. structure and is subject to the provisions of the municipal code
that govern 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 will expire on
that date (March 30, 1988).
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.
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' Adopted by the Orono City Council on this 30th day of March,
19�.
AT�� ST:
C�,• �
Do othy M. allin, ity Clerk Jam s R. Gra , Mayor
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Pr erty Ow er(s)
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Applicant(s) .
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•RESOLUTION OF THE CITY COUNCIL
i � � NO. 2155
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STATE OF MINNESOTA ) ,
) ss.
' COUNTY OF HENNEPIN )
On this �'� day of �,�r'� I , 1987 �
before me Notary Public within and or said county, personall.y
appeared � eS �: � /�-✓� known to me to be
the perso s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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THE11E8A L. NAAB NOTARY PUBLIC
�NIY NJ�LIC�MINNESOTA
�����'N�
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°�' MY COMMISSION EXPIRES
STATE OF MINNESOTA )
. )ss.
COUNTY OF HENNEPIN )
On this � � day of , 198�, before me
a Notary Public hin and for said C unty, personally appeared
d- � ��( known to me to be the
person(s) described n and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
���
����L. NMB NOTAR PUBLIC
• NENNEftN C�NU T�yT�
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MY COMMISSION EXPIRES
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a- R�SOLUTION OF THE CITY COUNCI L
R� • �: � " . . � •NO. 215 5 , �
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�
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
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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