HomeMy WebLinkAboutResolution 2630 � i
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+��,,� ��: NO. 2630
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A RESOLIITION GRANTING
A VARIANC$ TO
MiJNICIPAL ZONING CODL �
SECTION 10.22, SOBDIVISIONS 1 & 2
FILE #1375
WHER$AS, David Price (hereinafter "the applicant") is
the owner of the property located at 2914 Casco Point Raad within
. , the City of Orano (hereinafter "City") and legally described as
fO11PWSt
Tract R, Registered Land Survey No. 461, Hennepin County, �
Minnesota (hereinafter "the groperty"); and ;
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WH$R$AS, the app 1 i cant has app 1 ied to the City f or a '
variance to Municipal Zoning Code Section 10.22, Subdivisions 1 & R
2 to permit the construction of a two-story addition to the •
existing house, which construction results in hardcover in the
75-250' lakeshore setback zane in excess af the 25$ hardcover
• normal Iy al lowed in that zone and which constructian results in a
12' encraachment past the average lakeshore setback line where no
encroachment is normally allowed. '
NOW, THERLFORE, BE IT RESOLV$D by the City Counci 1 af
Orona, Minnesota: � ;
FINDINGS '
l. This application was reviewed as Zoning File #1375 . '
2. The praperty is located in the LR-1C Single Family '
� Lakeshore Residential Zoning District. ,
3. The Orono Planning Commissian reviewed this application
an February 21, 1989 and tabl.ed the applicatian for further
revision by appl.icant. A revised application was
subsequently submitted by the applicant and reviewed by the
Planning Commission on April 17, 1989, and the Planning
Commissian recommended approval of the revised variance
praposal, based upon the following findings:
A) Existing hardcover on the property is 27.6g. The
� revised proposal eliminates a portion of existing patia
hardcover in the 75-250' zone, resul.ting in a net
decrease to 27.3� hardcover in that zone. Existing and
� praposed hardcover in the 0-75 ' zane is 2.1�.
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• ��^x� ��n�E�A .
#> RESOLUTION OF THE CITY COUNCIL
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B) The existing house encroaches 18' past the defined '
average lakeshore setback line. The prapased two-story �
addition only encroaches 12' past the average lakeshore
setback line, and is located such that only minor views '
across applicant's property toward a lagoon area of
Lake Minnetonka will slightly be diminished. The
Planning Commissian finds that these views enjayed by
the neighboring property are not diminished and that
neighboring praperty still has full view af the main
bady of the lake. Furthermore, the neighboring
property owner has not expressed an objectian to the
proposed additian.
4 . The City Cauncil has cansidered this applicatian
including the findings and recammendations af the Planning
Commissian, reports by City staff, comments by the ap.p licant
and the effect of the proposed variances on the health, •
safety �and welfare of the community. "
• 5. The City Counci 1 f inds that the conditions exi sting on
this property are peculiar to it and do nat apply generally
ta other property in this zoning district; that granting the
variances would nat adversely affect traffic conditians,
light, air nar pase a fire hazard or other danger ta
neighboring praperty; wauld not merely serve as a
canvenience ta the app licant, but is necessary ta alZeviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the app Iicant; and
wauld be in keeping with the spirit and intent of the Zaning
Code and Camprehensive Pl.an of the City.
CONCLIISIONS, ORDffit AND CONDITIONS
Based upan ane ar mare of the findings noted abave, the
Orono City Cauncil hereby grants a variance to the Municipal
Zoning Code Sectian 10.22, Subdivisians 1 & 2 ta permit the
canstruction af a twa-stcrry additian resulting in hardcaver in
the 75-250' zone of 27.34� where anly 25$ hardcover is narmally
allawed, and allowing a 12' encraachment past the defined average
lak�share setback line where no encroachment is normal ly al lawed,
subject to the follawing conditians:
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• } y�L FA II� ���� .
K� ' ` RESOLUTION OF THE CITY COUNCIL
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' NO. 2630
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1. Applicant shall remave the portian of existing patio as
• shawn on Exhibit A, attached hereta. Hardcvver an the
property in the 75-250 ' zone shall be limited as follows:
(75-250' zane tatal area = 12,400 s.f. )
Existing House 1,051 s.f. �
� Proposed Addition 499 s.f.
Attached Garage 637 s.f.
Driveway 931 s.f.
Sidewalk 120 s.f.
Remaining Patio 152 s.f.
3,390 s.f. (27.34� )
The applicant is advised that na future hardcover will be
� permitted on this prop�erty, however, any future prvposal to
increase hardcover on the praperty might be approved only in
conjunction with concurrent removals of existing hardcover,
• resulting in no net increase of hardcover on the property.
2. Authorities granted by this resol.ution run with the
property not with the applicant, but are permissive anly and
must be exercised by application for a building permit
within ane year of the date of Council approval, or this
variance wil.l expire on that date (May 8, 1990).
3. Violation of ar non-compliance with any of the terms and
conditians of this variance shall. constitute a violation of
the zoning code, shal 1 autamatically terminate any autharity
granted herein, and sha11 be punishable as a misdemeanor.
4. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and an behalf
of herself, her heirs, successors and assigns, hereby agrees
to the recording of this reso3.ution in the chain af title of
the property..
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• RESOLUTION OF THE CITY COUNCIL
. � ' NO. 2630 �
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 8th day of May, 1989.
ATT ST:
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Dorothy Hallin, City C�r-k'� Jame R. Grabek, Mayor
�/)rl�u//�v �""�c.�.r�
Prop er(s) �a��"
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
• ' The foregoing instrument was acknowledged before me on
this 8th day of May, 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.
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Not y Public .
�y���-,�%�, LAUt2iC K. SCHEFflER
°-����; MOTARV V'U2LIC-MIHKESOi^
'��`:�" HfNNEPIN COUNTY
�``��`'i��' My commission ex ires8-8-93
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�` µT�'�`�` RESOLUTION OF THE CITY COUNCIL
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x�"}� ` � NO. 2630
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STATE OF MINNESOTA )
) ss. •
COUNTY OF HENNEPIN )
� • On this t day of � �If�� , 198�
before me a No ry Pu ic within and for said county, personally
appeared known to me to be
the person(s} describe in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
• ARY PUB C
f�R�':;;;� LAUPJE K. S E fR
%s'��,��3 j NGTAFY NU3UC—MINNESOTA
`•r:3 ;�;=:'?; HENNEPIN COUNTY
,�:.`�°`-'�.'� My commission expiras6•8•93
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this � � "�` day of � , 198�, before me
a otar P lic thin and for said(f County, personal/Iy appeared
�� �{�'f�� �j�� known to me to be the
person(�) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
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NOTP��,Q,�iT�,�Ta,��,uA�A�a,��aa�ae�sAa��
� ;�y��. THERESE M. LbCKWOpp
� �� � H6TARY PUBLIC•MINNESOTA �
HENNEPIN COUNTY
� '���Aty Cemmission Expires July 10, iggl 9y
� .�'a WYI�YVCl�)vtt%V'�/Ye7C;tl'9vr�wenvT,�r.,.m.a�a.,..,...._....,...9
• MY COMMISSION EXPIRES
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