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Home My WebLink AboutResolution 2445 • ` � 1. . � � d c�t o� oR,oNo � , � ` ' � (� RESOLUTION OF THE CITY COUNCIL � NO. 2445 • - • • -. A R$SOLDTION GfltANTING ` A VARIANCB TO ' MUNICIPAL ZONING COD$ SECTION 10.22, SQBDIVISION 2 AND S$CTION 10.24, SDBDIVISION 5(B) - ' ' FII,$ #1272 WH�RBAS, Richard J. Heit (hereinafter "the applicant") is � owner of the property located at 1153 Elmwood Avenue within the City of Orono (hereinafter "City") and legally described as follows: ' Lots 8 and 19, Skarp and Lindquists Fernhi 11, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the property"); and . WHER$AS, the applicant has applied to the City for a • � variance �to Municipal Zoning Code Sections 10.22, Subdivision 2 and '; • 10.24, Subdivision 5(B) to permit the construction of a second story addition which will comprise additional structural hardcover in excess of the 25$ hardcover normal ly al lowed in the 75-250' lakeshare setback � zone, and which will be located less than the required 10.0' from the ' side lot line. - ' NOW, TH$R$FOR$, B$ IT R$SOLV$D by the City Counci 1 of Orono, " Minnesota: FINDINGS . � 1. This application was reviewed as Zoning File #1272. �� 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on May 16, 1988, and recommended approval of the proposed variances ' based upon the following findings: i �-y a) The percentage of hardcover in the 75-250' zone will not s increase from its existing 44.5�. ! .; b) The proposed addition will have no impact on the views of � the lake enjoyed by any neighboring property. �� • _, � a � ,� Page 1 of 5 •�� I � d cit o� oR,oNo � • � RESOLUTION OF THE CITY COUNCIL � NO. 2445 • � • • _ c) The proposed cantilevered addition will be located 8.6' from the side lot line with a 2' over hang, but will be no closer to that lot line than the existing cover�ed walkway structure attached to the house, and will have no impact on the neighboring residence which is �more than 50' away. 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. CONCLIISIOPS, ORD$R AND CONDITIONS ' Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Sections 10.22, " Subdivision 2 and 10.24, Subdivision 5(B) to permit the construction of a second story addition to be located 8.6' from the side lot line � with overhang located 6.5' from the side lot line, where a 10' side . yard setback is normally required, and grants a variance to allow 44.5$ hardcover in the 75-250' setback zone where only 25� hardcover ' � is normally allowed, subject to the following conditions: l. Hardcover on the property is allowed only as follows: • � 0 '-75' Zone: (Area = 3,975 s.f. ) ; Existing stepping stones 20 s.f. ? Campfire ring/plastic underlay 100� s.f. ° TOTAL ALLOWED 120 s.f. (3.0$) t i � ;! • Pa e 2 of 5 g _ . d Clt� of ORONO _. • �f RESOLUTION OF THE CITY COUNCIL � NO. 2445 • - • • � 75-250 '_ Zone: (Area = 8,325 s.f. ) Existing house 1,254 s.f. Existing deck 226 s.f. Existing shed 56 s.f. Rockbeds/plastic along west 113 s.f. wall of house, with 3' cantilever above Covered walkway with 328 s.f. cantilever above portion Existing garage 586 s.f. Retaining walls/plastic 200 s.f. Gravel/plastic next to 100 s.f. walkway by garage Portion of property_ in 840 s.f. Elmwood right-of-way that is maintained by Applicant as his driveway TOTAL ALLOWED 3,703 s.f. (44.5� ) • Applicant is hereby advised that no additional hardcover wil 1 be approved for this property, and any future proposal to increase hardcover on the property would not be approved, but might be , approved only in conjunction with removal of an equivalent area of existing hardcover, resulting in no net hardcover increase on the property. ` 2. Separate kitchen facilities shall not be constructed to make this a separate guest apartment without conditional use permit approval by the City Council. The house and addition shall continue to function as a single dwelling unit. , 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 Cauncil approval, or this variance will expire on that date (June 13, 1989). ' 4. 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 automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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. � , Page 3 of 5 � i ; d Cit� o� ORONO • � RESOLUTION OF THE CITY COUNCIL �i'�' NO. 2445 • - � • Adopted by the Orono City Council on this 13th day of Jun , 1988 . AT ST: � . - _ , o �othy M. 1lin, City Clerk mes R. Grabe , Mayor � Edward J. Cal h.an, Jr.., Act�ng Mayor • � � Property Owner(s • t • - - , Page 4 of 5 , M1 • r t�:� � � Clt o� ORONO � � � - � - - - �.� � . • ��y �_ j`: � RESOLUTION OF THE CITY COUNCIL � NO. 2445 • � • • i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��7� day of ��(�- . 198� before me a otary Public within and for said county, personal ly appeared known to me to be the person(s) desc bed in and who , executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . A�r«Nr.ur��A i,,�"'� DEBRA A. KOENIG NOTARY PUBLIC S x+ 1�;� NOTARY PUBLIC - MfNNESOTA ��' WINONA COUNTY My Cpmmisilon Explra OeL 24.1990 .�r.�r'�N+l�'� � � �► � ay , i99a MY COMMISSION EXPIRE`S STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , 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 .i ._. _'_i � . . � - Page 5 of 5 ' ;