HomeMy WebLinkAboutResolution 2059 c
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� �� � c�t� o� oR,oNo
� RESOLUTION OF THE CITY COUNCI L
� NO. 2059
• - • • A RESOLDTYOId GRANTING
A VARIANCE TO
MONICIPAL ZONING CODE
SECTION 10.22, SQBDIVISION 2 AND .
10.24, SOBDIVISION 5 (B)
FILE #1066 .
WH$REAS, Ann L. Carson (hereinafter "the applicant") is the
owner of the property located at 1317 North Arm Drive within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 3, Block 7, Saga Hill Revised, Hennepin County, Minnesota
(hereinafter "the property"); and .
WHEREAS, the applicant has applietl to the City for a
variance to Municipal Zoning Coc�e�cSection 10.24, Subdivision 5 (B) and
10.22, Subdivision 2 to permit the construction of a room addition 7.7
feet from the side lot line where a 10 foot setback is normally
required, and which addition and attached deck W�ii exceed the 30�
hardcover limitation in the 250-500' lakeshore setback zone.
� NOW, TH$REFOR$, BE IT R$SOLV$D by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1066.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
September 15, 1986, and recommended approval of the proposed
variance based upon the following findings:
A) The neighboring property to the south, adjacent to the
proposed addition, is higher in elevation and will
experience no infringement on light, air, or open space as a
result of the addition.
. B) The additional hardcover can be offset by removal of
� existing plastic under decorative rock beds.
4. The proposed additions and concurrent removal of equivalent
amounts of hardcover are expected to result in no increase in the
amount of run-of f f rom the property. The neighbor to the north
has. requested relief from the existing natural drainage pattern
. towards her property. It is possible to partially re-direct
drainage further west to decrease the effect on the neighboring
residence. •
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• H�"* T? `° RESOLUTION OF THE CITY COUNCI L
�?7�'`
�t. NO. 2059
l!l,�'���': � .
• • City Council has considered this application including
th����- ndings 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.
6. 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 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
• Subdivision 2 and 10.24, Subdivision 5 (B) to permit the construction
, of a room addition 7.7 feet from the side lot line where a 10 foot
setback is normally required, and to permit hardcover in the amount of
3,700 s.f. (or 31.06�) in the 250-500' lakeshore setback zone, subject
to the fol lowing conditions:
1. Applicant must remove an equivalent amount of existing hard-
cover (remove plastic �from all landscape rock beds on the
property) to maintain hardcover at the existing 31.06� (3,700
s.f.) level. Applicant is advised that any future proposals to
increase hardcover on the property will not be approved, but �
might be approved only with concurrent removals of existing
hardcover, resulting in no net increase in hardcover.
2. Applicant shall redirect drainage from garage area so it will
decrease the effect on the neighboring residence to the north.
: 3. 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 (October 13, 1987).
4. Violation of or non-compliance with any of the terms and .
conditions of this variance shall cons�titute a violation of the
zoning code, shall automatically terminate any authority granted
• herein, and shall be punishable as a misdemeanor.
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� � Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2059
• - • •
e 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 13th day of
Octo r, 1986.
ATTE T:
� .
o thy M. allin, City Clerk ary C. utler, Mayor
C��� �L��
Property Owner(s)
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� RESOLUTION OF THE CITY COUNCI L
� NO. 2059
ST NESOTA )
) ss.
COUNTY OF HENNEPIN )
On this IG�' day of (���� , 1986 �
before me a Notary Public within and for said county, personally
appeared ,(/`v✓�- �� 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.
� �.�a.,�,•.u� `
,�;;a�+ �`ii�irley Iu. tinderson
�����; NOTh7Y WUBLIGMINNE60TA ' OTARY PUBL C
.�:�•��.
, ��=�`�� HP_hNEPIN COUNTY
MY COMMISSION EXPIRES�EB. 13� 7991
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• • �,-33 - 9/
• MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of� , 1986, 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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