HomeMy WebLinkAboutResolution 2319 . -,,, �
. ;;- ': .
Clt� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2319
�
" • � • •
A RESOI�DTION DENYIIdG
A VARIANCE TO
MONICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 1 (B)
FILE NO. 1199
WHEREAS, Richard & Gay KeI Iy (hereinafter "the applicants") are
the owners of the property located at 425 Oxford Road within the City of
Orono (hereinafter "City" ) and legally described as Lot 2, Block l,
Stielows 2nd Addition, Hennepin County, Minnesota (hereinafter "the
property") ; and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow the
construction of a new residence that would encroach 65 feet into the
average lakeshore setback area where no encroachment is allowed.
NOW, THEREFORE, BE IT RESOLVED the City Council of Orono,
• Minnesota hereby denies the variance application of Richard & Gay Kelly as
proposed based on one or more of the following findings:
FINDINGS
l. This application was reviewed as Zoning File #1199.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District and subject to the standards that govern
the development and use of all Iakeshore properties.
3. The property consists of approximately two ( 2 ) acres in area and
contains 230 feet of shoreline along Lake Minnetonka,
4. The property consists of moderate, level topography. There is no
unique physical feature of the land within the defined building
envelope that would inhibit residential construction.
5. The applicants have stated that to place the house at the average
setback I.ine would necessitate the removal of large, mature trees and�
original Iandscaping planted with the orignal residence. Staff has
demonstrated that the majority of these plantings will be saved if the
house is placed behind or at the average setback line.
6. The applicants have asked that the house be allowed to be rebuilt
within bui lding pad area of origina l house. The origina l house was
• 1/6th the size of the proposed house and was removed prior to
construction of existing residences or adjacent lots and as a result
was never considered in the defining of the average lakeshore setback.
. Page 1 of 2
r
� ,� . �
Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2 319
�
' • � • •
. e applicants have suggested that to build the house at the
required average setback line would require more filling than if the
house is placed at proposed location at higher elevations. The
filling required at the average lakeshore setback line with lower
elevations has less of an impact on the amount of fill required as the
size of the proposed house.
8. At the October 19, 1987 Planning Commission meeting, members
unanimously voted to deny the application as proposed based on the
following findings:
A. The applicants have failed to demonstrate sufficient or
acceptable hardships.
B. There has been no real attempt on the part of the applicants
to compromise or deal with the concerns of the neighbor to the
south.
C. The placement of the entire house in front of the average
• lakeshore setback line is not a reasonable compromise.
9. The City received a letter dated 10/19/87 from 011ie Peterson, the
- most affected property owner on the south side of the property
requesting that the City deny the variance requested. .
10. In denying this variance application, the City is not depriving
the applicants of the continued enjoyment and preservation of a
substantial property right. There is adequate area to erect the
proposed house within the legally defined building envelope of the
property.
11. The reasons as presented by the applicants are not considered
hardships within the standards set forth in the Municipal Code to
warrant approval of this variance request and, if approved as
proposed, the City would be responding on the basis of a convenience
to the applicant. _
12. Council cannot approve this variance application as proposed by
the applicants because of the negative precedent Council would
establish in the consideration of other similar applications in the
future. Council must ask that the applicants construct a house on the
property that wi I 1 conf orm to a 11 required standards of the Zoning &
Bui Iding Codes.
Adopted by the Orono City Council on this 14th day of December,
� 1987. .
ATTE .
C�i / / � _
orothy Ni. llin; City Clerk Jam R. Grabek, ayor
Page 2 of 2