HomeMy WebLinkAboutResolution 2593City of ORONO
RESOLUTION OF THE CITY COUNCI L
NO. 2593
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 & 2
FILE NO. 1381
WHEREAS, Jack Rhode (hereinafter "the applicant") is owner of the
property located at 1690 Shadywood Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 10 and that part of Lot 11 described as follows: Beginning at the
Northwest corner of said Lot 11; thence Southerly along the Westerly
line thereof to the Southwest corner of the North 14' of said Lot 11;
thence South 87 degrees, 27 minutes East to the shore of Crystal Bay;
thence North along said shore to the North line of said Lot 11;
thence West along said lot line to the point of beginning, in
Shadywood, Hennepin County, Minnesota (hereinafter "the property");
• and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the
construction of a new principal structure using the existing foundation as
the proposed new construction would require approval of a lakeshore setback
at 61' instead of the required 751 -and a hardcover variance within the 0-
75' setback area of 812 s.f. or 13.3% where none is allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1381.
2. The property is located in the LR -1C Single Family Lakeshore
Residential Zoning District requiring a 1/2 acre or 21,780 s.f. The
property consists of 17,700 s.f. or .41 acres.
3. The Orono Planning Commission reviewed this application on
February 21, 1989, and recommended approval of the requested variances
based upon the following findings:
A) Major upgrading of the property will result in the following
• changes to existing substandard conditions:
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•
1)
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2593
Lakeshore setback:
Required = 75'
Existing Principal Structure = 55'
Existing Accessory Structure = 10'
Proposed Principal Structure = 61'
Proposed Accessory Structure = 59' (second level deck
extends 2' beyond lakefront of principal
residence)
Variance:
Existing
Principal
Structure =
20'
or 26%
Proposed
Principal
Structure
= 14'
or 18.6%
Existing
Accessory
Structure =
65'
or 86%.
Proposed
Accessory
Structure =
16'
or 21% (second story
upper level deck)
2) Hardcover within the 0-75' Setback Area:
Allowed = 0 s.f.
• Existing = 926 s.f. or 15.8%
Proposed = 812 s.f. or 13.5%
Total Reduction = 2.5%
B) The application involves no need for a hardcover variance
within the 75-250' setback area as applicant proposes removal of
major portions of existing hardcover within the 75-250' setback
area.
C) The use of the existing foundation will provide less of an
impact on the lakeshore property.
D) The original structure was placed on the property prior to
current standards for lakeshore development.
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
variances 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 variances 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.
Page 2 of 5
•
C]
•
f
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2593
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Section
10.22, Subdivisions 1 and 2 to permit the construction of a new residence
structure using the existing foundation subject to the following
conditions:
1. All hardcover scheduled for removal must be completed prior to the
final inspection by the Building staff for the new construction.
2. Applicant to provide a Highway Department permit for the relocated
curb cut to the site.
3. Applicant or applicant's architect shall provide the Building
staff with the engineering data or findings that confirm the existing
foundation can sustain the proposed 2 -story structure at the time of
application for a building permit. Applicant is hereby advised that,
if for any reason unknown at this time, the existing foundation cannot
be used, variance application #1381 shall be scheduled for further
consideration before both the Planning Commission and the Council.
4. Authorities granted by this resolution 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 resolution will expire on that date (March
13, 1990).
5. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, and
shall 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.
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•
198
ATT �• T:
orothv
M
City of ORONO
RESOLUTION OF THE CITY COUNCI L
NO. 2593
Adopted by the Orono City Council on this 13th day of March,
PrYperty Owner(s)
STATE OF MINNESOTA
ty Clerk game R. Grabek, Mayor
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
1 day of 10 ARCH , 19e, by James R. Grabek &
Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the
City. n
•
ry Public allRIE K. SCHcFFLER
TAPY PUBLIC — MINNESOTA
's�.T.
HENNEPIN COUNTY
•:,�,j�;�.... My commission expires6-8-93
My Commission Expires
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0
•
City of OR ONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
NO. 2593
On this / day of / 9?aA&A,— ' 19 8 f
before me a Notary P/u�blic within and for said county, personally
appeared Q (• K 1� �r o� 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.
�AlIV �AitINNE30TA
wTY
4*06 9442
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
7
G� —
NOTARY PUBLIC
MY COMMISSION EXPIRES
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
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