HomeMy WebLinkAboutResolution 2694 �
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� RESOLUTION OF THE CITY COUNCIL
• NO. 2694
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A RESOLDTION GRANTING
VARIANCES TO
MDNICIPAL ZONING COD$
SECTION 10.22, SIIBDIVISIONS 1 & 2
FILE #1432 -
WHER$AS, Julia K. Whitney (hereinafter "the applicant")
is the owner of the property located at 4470 Forest Lake Landing
within the City of Orono (hereinafter "City") and legally
described as follows:
Tract B, Registered Land Survey No. 1472, 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 l
and 2 to permit the construction of an addition to the existing
residence, requiring a variance to allow encroachment past the
• average lakeshore setback line where no encroachment is normally
allowed, and a variance to allow hardcover in excess of the 25�
hardcover normally allowed in the 75-250' lakeshore setback zone.
� NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of �
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1432.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 21, 1989, and recommended approval of the proposed
variances based upon the following findings:
A) The entire existing house encroaches past the
' average lakeshore setback line. The proposed addition
is at the opposite end of the house from the lake, and
will not extend the house closer to the lake than what
currently exists. No significant lake views enjoyed by
neighboring property owners will be encroached upon by
the proposed addition to the residence.
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B) Existing hardcover in the 0-75' lakeshore setback
zone is 0 �. Existing hardcover in the 75-250 '
lakeshore setback zone is 33.8�. As a result of the
proposed addition and driveway reconstruction,
hardcover in the 75-250' zone will decrease to 31.7�, a �
decrease of 309 square feet. The decrease in
hardcover is considered a benefit to the property and
to the neighborhood in general, as well as being
beneficial to Lake Minnetonka. Due to the topography
and configuration of the property and neighboring
properties to the north, the driveways which comprise a
substantial portion of the 31.7� hardcover to remain is
necessary to maintain access to the property.
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 eff ect 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 al leviate
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 one or more of the findings noted above, the
Orono City Council hereby grants variances to the Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the
construction of an addition to the existing residence, granting a
variance for encroachment past the average lakeshore setback line
where no encroachment is normally allowed, and granting a
variance to allow 31.7� hardcover in the 75-250' zone where only
25� hardcover is normally allowed, subject to the following
conditions:
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RESOLUTION OF THE CITY COUNCIL
���,.��_���;�� NO. 2 6 9 4
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1. Hardcover on the property shall be allowed as follows:
0-75' zone = no hardcover
75-250 ' zone:
House + Addition = 1,059 s.f.
Garage = 550 s.f.
Dog run = 230 s.f.
Decks, stairs, stoops,
landscaping, sidewalks, etc. = 622 s.f.
Driveway = 2,238 s.f.
� Total 4,699 s.f. or 31.7$
- (area in 75-250 ' zone = 14,801 s.f. )
2. The property owner is advised that any future proposals
to increase hardcover on the property will not be approved,
however, any future proposal to increase hardcover on the
property might be approved only in conjunction with
• concurrent removals of existing hardcover, resulting in no
net increase in hardcover percentage on the property.
3. Applicant shal 1 adhere to the site plan attached to this
resolution as Exhibit A.
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
variance will expire on that date (September 11, 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, shal 1 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 herself, her heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
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' ''�' RESOWTION OF THE CITY COUNCIL
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:�� � ��`` 2694
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the llth day of September,
1989.
ATT T:
, �
�
rothy . Hallin, City Cle � Jam R. Grabek, or
operty Owner(s)
STATE OF MINNESOTA ) .
) ss. �
COUNTY OF HENNEPIN ) �
. The foregoing instrument was acknowledged before me on
this llth day of September, 1989, 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.
.
o y Public IE K. �CHEFFLER
NOTARY PUBLIC—MINNESOTA
' s, HENNEPIN COUNTY
'�.:�,.�: My commiseion�xpin�6•8•99
My Commission Expires
• Page 4 of 5
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c�t� o� oR,oNO . -
� RESOLUTION OF THE CITY COUNCIL �
• NO. 2694
• ' • •
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN )
On this day of , 198Q
before me Notar Public i hin and for said county, personally
appeared �� �� (,y. �H��y 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. .
• NO Y PUBL
. �E LA R K. SCHEFFLER
's NOTARY DUBLIC—MINNESOTA
���; HENNEPIN COUNTY
• '-,��A,i� My commission axpins6-8•93
MY COMMISSION EXPIRES
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
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