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Home My WebLink About#3847-variances-1997 � — . � O ' V O � O ��d - C ITY of ORONO � � 'y' RESOLUTION OF THE CITY COUNCIL �L�kESH�g'�G N0. 3 � �$ `7' .w -�- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 FILE #2207 WHEREAS, Jonathan and Theresa Hofer(hereinafter "the applicants") are owners of the property located at 3339 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 8, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota WHEREAS,the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B)to pertnit construction of a 19'6" x 18' second floor addition above an existing garage to the lakeside of the existin�residence to be located 45' from the shoreline where a 75' setback is required, said structure shall be located 15' in front of the average lakeshore setback line where no such encroachment is allowed. Per Section 10.22, Subdivision 2 hardcover�vithin the 0'-75' setback area is existing and proposed at 2,0�0 sq. ft. or 43.37%. In the 75' -250' setback area hardcover is existing and proposed at 811 sq. ft. or 47.67% where 25% or 425.25 is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2207. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning , District requiring 1/2 acre in area. The property consists of total area of 6,500 sq. ft. 3. The Orono Planning Commission reviewed this application on February 18, 1997, and recommended approval of the proposed variances based upon the following findings: A. A substantial portion (72.11%) of the subject property is located on the lakeside of the 75'shoreline setback. Page 1 of 5 . -- � � O ' Y O O �b _- CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`9IfE Hp4��'G N0. _ c� c�' � � S B. The rear of the structure is 7.6' off of the easement for the Dakota rail line which prohibits additions to the rear of the structure. C. The southwest corner of the house is on the �vest property line. Additions to the west cannot meet side and rear yard requirements. D. The house to the east is close to the east property line. Additions to the east cannot meet side and rear yard setback requirements. E. A substantial portion of the lot is blacktopped for Crystal Bay Road and the drive�vay. F. The applicant cannot build over the Hillside Place easement on the west of the property. G. The minimum lot size for the LR-1C district is 1/2 acre (21,780 sq. ft.). The subject property is 6,500 sq. ft. or 29% of the minimum lot size. H. The proposed addition will not increase hardcover nor further encroach into the average lakeshore setback or obstruct lakeviews of the adjacent properties. I. The City has received no negative comments from the adjacent neighbors notified of the variance request. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other pronertv 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 . � . � O ' V O O ��e - CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL l9 4� � � kESHO NO. e� <:, .� '� ,�r 5. 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 variances 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, Subdivisions 1 (B) and 2 to permit construction of a second floor addition above an existing gara�e to the lakeside of the existing residence to be located 15' in front of the average lakeshore setback line, 45' from the shoreline requiring a 30' setback variance,hardcover variance in the 0-75'setback area of 2,050 sq. ft. or 43.37%variance and a 811 sq. ft. or 22.67%variance in the 75'-2�0' setback area. Approval was subject to the following conditions: 1. 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�vill expire on that date (Februar�� 24, 1998). 2. Violation of or non-compliance with any of the terms and conditions of this resolution 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 aaree to the recording of this resolution in the chain of title of the property. Paae 3 of 5 � o� 0 0 �e � CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. .e� � �� "� � Adopted by the Orono City Council on this 24th day of February, 1997. ATTEST: �� h � _ � � �� /V ; Dorothy M. alli , City lerk ;r. ann Goetten, Acting�Mayor �� - 'c ;. �,� L y ti�{�_ — — �,� — Pro erty Owner(s) � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument�vas acknowledged before me on this 24th day of February, 1997, by J. Diann Goetten, & Dorothy M. Hallin, Acting Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , i` 1 / LINDA S.VEE -�� ,� � NOTARY PUBLIC-MINNESOTA �a,�� HENNEPIN COUNTY Nota Public My Commission Expires Jan.31,2000 ry Page 4 of 5 � O� O O �-d _ � CITY of ORONO � � �� t,'�' RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. '3 �' � '� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �a�' day of /1'�C��Gf i , 199 � , before me a Notary Public within and for said Counry, personally appeared J`Cna�hQrr l-��%, n�ar�%�� -�o ��rPs�� known to me to be the person(s) described in and who executed the foregoing instrument, and aciu�uwi�uged that he (they) executed the same as his (their) free act and deed. ��, LINDA S.VEE _ � �'t�� NOTARY PUBUG��IINNESOTA /,� ,,�� ,,�� .�_C�� •� �= ' NEPIN COUNTY ��f� C- ,`::�:`' HEN ��•.•� My Commission Ezpires Jan.31,2000 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of �� ' C.�C� , 199� , before me a Notary Public within and for said County, person lly appeared ' '-�l' D ' k n o w n t o m e t o b e t h e p e r s o n(s) described in and who executed the �ore going instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� DENISE A.STOLTENBERG� �� ,�-� NOTARY PUBLIC-M►NNESOTA Notary Public . � HENNEPIN COUNTY My Comm�ssion ExDires Jan.31,04 Page 5 of 5