HomeMy WebLinkAbout#3863-variances-1997 � o�
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:d - CITY of URONO
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�� �,'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B)
FILE NO. 2220
WI�REAS, William and Karen Peters (hereinafter "the applicants") are owners
of the property located at 1950 Concordia Street within the City of Orono (hereinafter "the
City") and legally described as follows:
(hereinafter "the property"); and
Lots 23 and 24, Fagerness including accretions between said lots and Lake
Minnetonka, described as follows: Beginning at a point on the Southerly line
of Under the Linden Avenue which point is 42.15 feet Southeasterly in a straight
line from the West comer of Lot 24, Fagerness and at an angle of 119 degrees
24 minutes from the Northerly line of said Lot 24; thence in a straight line of
said angle of a distance of 61.5 feet to the low water mark; thence Easterly
alon� low �vater mark to the Easterly line of said Lot 23 extended. Southerly;
thence Northerly along the said Easterly line of Lot 23 extended, a distance of
57.5 feet to the Southerly line of Under the Linden Avenue; thence Westerly on
the Southerly line of Under the Linden Avenue, a distance of 194.2 feet to the
point of beginning, said accretions being subject to the right of the Board of
County Commissioners of Hennepin County, Minnesota for the County of
Hennepin, State of Minnesota to maintain the height of water in said Lake
Minnetonka as nearly as practicable at a point 10 feet 3 inches below the top
of the Northeast pier of the bridge over Shavers I�Tarrows at the entrance to
Gray's Bay, said bridge being situated near the Southwest corner of Sect�on 8,
Township 117, Range 22 `Vest, that certain point being at a hei�ht 218.335 feet
above the datum line of the City of Minneapolis, Hennepin County, Minnesota
as said datum line is officially established by an ordinance of the City Council
� of said City of Muuieapolis, as is more particularly set out in District Court case
file number 73992, Hennepin County, Minnesota, according to the plat thereof
on file or of record in the office of the Register of Deeds in and for said
County (hereinafter "the property"); and
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�� G'� RESOLUTION OF THE CITY COUNCIL
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WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of a deck to the
lakeside of a proposed residence to be located 103' from the shoreline and 8' forward of the
average lakeshore setback where no such encroachment is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2220.
2. ' The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District requiring one-half acre in area. The property consists of 25,345
s.f. or .58 acres.
3. The Orono Planning Commission reviewed this application on March 17, 1997
and recommended approval of the proposed variances based upon the follo�ving
findings:
A. The subject property is a corner lot with two side yards and a front yard.
B. The lot conforms to the LR-1C requirements for lot area and yard
requirements.
C. The lot has been combined into one tax parcel.
D. The proposed design conforms to structural coverage and lot area
requirements.
E. The City has received no negative comments from adjacent property
owners.
� F. The applicants are trying to preserve mature trees on the subject property.
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4. The applicant originally proposed a design that measured 32'S", when measured
as the vertical distance between the highest adjoining ground level adjacent to
the garage and the average height of the highest gable of the pitched roof of the
observatory. The applicant worked with staff to use an alternative feasible
engineering solution that reduced the height to 31'4". The proposed design
includes a walk-out basement which is not considered a story and two levels
above which are considered the first and second story. For purposes of
measuring height, the observatory shall be considered a half-story because it does
not exceed 50% of the building footprint. The proposed design is therefore
considered 2 1/2 stories in conformance with the definition of "building height".
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 variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; ���ould 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 Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allo�v lakeside
decks that encroach 8' into the average lakeshore setback. Approval was subject to the
following conditions:
1. Authorities granted by this variance run with the property not �vith 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 �vill expire on that date (March 24, 1998).
2. 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.
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'�' RESOLUTION OF THE CITY COUNCIL
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3. 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 agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 24th day of March, 1997.
A ST:
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Dorothy M a in, City Clerk Gabriel ,abbour, Mayor
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Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
March, 1997 by Gabriel Jabbour 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
City.
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JAMI � / �-�I��-C.-�� ` �`��C-�`�.
� E l.BOSMA
? '� ��f'.�, NOTARYPUBUC-MiNNESOTA Notar� P blic
�;�`a*�M�i�' HENNEPIN COUNTY �
My Comm�ssion Expires Jan.31,2000
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�-a�- CITY of ORONO
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,� ,c.'� day of � �.� , 199�, before a Notary Public ,
within and for said County, personally� ppeared����� �,,ry, � /-����., �L-s� �«h--�-�-�
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.
JAMIE L.BOSMA ,�
i?� ;� ' NOTARY PUBUC-MINNESOTA � �
� � .�.t'�(-L / 'L`fj��..�--
•e�• -�; HENNEPINCOUN7Y � ��� —
'�^::'•'•"' M Comm�ssion Expires Jan.31,20G0 r
y s� Notary Public
; ��
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 , 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
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