HomeMy WebLinkAboutResolution 2062 • .. �r
Cit o� ORONO
� �
� RESOLUTION OF THE CITY COUNCIL
� NO. 2062
� - � � A RESOLDTION GRANTING
A VARIANCE TO
MUNICIPAL ZOPTING CODE
S$CTION 10.25, SQBDIVISION 6 (B) .
FII,$ #1069
WHEREAS, James A. Williams (hereinafter "the applicant") is
the owner of the property located at 2725 Ethel Avenue within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 3, Block 3, Casco Heights, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to
j permit the construction of a second story addition to the existing
� house which is only 4.2' from the side lot line where a 10' side
, setback is normally required, and for a variance to Section 10.22,
Subdivision 2 to allow hardcover in excess of the 30� hardcover
, normally allowed in the 250-500' lakeshore setback zone in which the
property is located.
• , NOW, THER$FORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1069.
2. The property is located in the LR-1C Single Family Lakeshore
� Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
September 15, 1986, and recommended approval of the proposed
setback variance and a 36.4� hardcover percentage based upon the
following findings:
A) The pre-existing hardcover (prior to issuance of a
� permit for the detached garage currently under construction)
was 36.4$ or 2,729 s.f. �
'B) The garage permit was issued subject to applicant
removing excessive hardcover in order to meet the 30� hard-
cover limit.
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Clt o� ORONO
�
• RESOLUTION OF THE CITY COUNCIL
� NO. 2062
• ' • The applicant constructed the garage unusually close to
he house to shorten driveway length, and agreed to a
narrowed driveway and apron, in order to meet the 30�
hardcover requirement, but has a hardship in that access to
the� garage is severly limited by the narrowed driveway
� apron. . The lot size of only 7,500 s.f. (or only 0.17 acre) �
• severly limits the development of the property under
existing zoning code standards.
D) Run-off from the property f lows generally to the south
and away from the lakeshore, and travels 800-1,000 feet over
land before actually reaching the lakeshore.
� E) The second-story addition wili cause no substantial
iinfringement on light, air, or open space in the neighbor-
I hood.
� 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 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 10.25,
� Subdivision 6 (B) to permit the construction of a second story
addition to the existing house, and a variance to Section •10.22,
Subdivision 2 to allow 36.4� hardcover in the 250-500' lakeshore zone,
, subject to the following conditions:
l. The second-story addition shall conform to the proposed plans
on file with the City and shall not extend laterally beyond the
existing walls of the house, nor vertically higher than the 22'6"
proposed peak height above the existing main f loor elevations.
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� Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2062
• - • •
2. The maximum approved hardcover on the property shall be
2 , 729 s.f. or 36.4 $ , which is equivalent to the hardcover
existing prior to construction of the new 2-car detached garage. �
� Hardcover in excess of the 2,729 s.f. shall be removed prior to
issuance of a Certificate of Occupancy for the 2nd story
addition.
3. The applicant is advised that any future proposals to
increase hardcover on the property w�ii not be approved, and
might be approved only with concurrent removals of existing
hardcover, resulting in no net increase in hardcover.
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 (October 13, 1987).
• 5. Violation of or non-compliance with any of the terms and
conditions of this variance shal 1 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 13th day of
Octo er, 1986.
ATT T:
�
� thy M Hallin, City Clerk Mary C. tler, Mayor
operty Owner(s)
• .
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� � Clt� o� ORONO �
� RESOLUTION OF THE CITY COUNCIL
• � NO. 2062 .
• - • • .
�
STATE OF MINNESOTA )
) ss. �
' COUNTY OF HENNEPIN )
On this � ,�a�7� day of �Z� , 1986
before me a Notary Public within and for said county, personal ly -
appeared ,-�f'a�,�tiz S /�- � ��� ��/C�.� 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.
I '
�
� � �GZ�
NOTA Y PUBLIC
i -� i �
. �, �l�a
� - 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 acknowleclged that � he (they) executed the. same as his
. (their) free act and deed. �
. , .
NOTARY PUBLIC
• MY COMMISSION EXPIRES �
� Page 4 of 4