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Home My WebLink About#4328-variances-1999 , '�. ��1 /� �� 0 0 �, CITY of ORONO � tii � G'� ' RESOLUTION OF THE CITY COUNCIL �kEsxo�'� rvo. 4 � � � � A RESOLUTION GRANTL�iG VARIAl�'CES TO NIUNICIPAL Z�NIIVG CODE SECTIQN 10.22, SLB�IVISIONS 1 AN� 2; SECTION 10.25, SUBDIVISI�N 6; SECTION 10.56, SUBDIVISI�N 16 (�,) (1&2) S�CTION 10.25, SUBDYVISION S Al�D DElVY A C01�DITIONAL USE PERNII3' PER �E�TION 10.03, SiTBDI'�ISION 19 FIL� #2410 �'VHEREAS, Peter Bo;mton and Darsi Boynton (r,ereinafter "the a�plicants") are owners of the property located at 1973 Fagerness Point Road within the City of Orono (hereinafter "City") and legaliy described as follows: � Lot 7, Fagerness, Hennepin County, Minnesota (hereinafter "the prooerty"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on Au�ust 17, 1998; October 19, 1998; October 16, 1998; January 19, 1999; and Juiy 19, 1999, at which times all persons des:ring to be hPard concerning this application were given the opportunity to speak thereor.; and SS'HE�AS, the applicants have applied to th� City for variances and a conditi�nal use pernut to Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.22, Subdivision 1 to pernut new residential construction on a lo� 76.54' wide �n�nere 80' is required and 10,350 sq. ft. ia lot area wher� 17,424 sq. ft. is required; and to permit the residence to be located 47.59' from the OHWL of Lake Minnetonka where 75' is required and 21.01' from the street lot line wr.zre ?0' is required; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 638 sq. ft. (11%) hardcover in the 0-75' lakeshore setback where 1,285 sq. ft. (22%) exists and r_� (0%) hardcove: i5 allowed; aad Section 10.22, Subdivision 2 and Section 10.�5, Subdivision 16 (L) (2) to perr.zit 1,356 sq. ft. (30%) hardcover in the 75-250' lakeshore setback where 1,496 sq.ft. (33%) and 1,122.5 sq. ft. (25%) is allowed, and a conditional use permit to permit grading of 124 cubi� yards for the purpose of creating a walkout of the lower level of the residence within 75' of the lakesr.ore per S�ction 10.03, Subdivision 19. Page 1 of 5 . •� � �—� �� O O �, - CITY of ORONO � � �',� G'� RESOLUTION OF THE CITY COUNCIL t�ESH�¢� N0. 4 � ,`� �� NOW, THEREFORE, B� IT RESOLV�D by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2410. 2. The property is located in the LR-1C Zonina District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .28 acres or 10,350 sq. ft. 3. The Planning Commission reviewed tr.is application on July 19, 1999 and recommended approval of a variance on a vote of 7 to 0 to permit new residential construction per the site plan dated July 20, 1998 and revised June 10, 1999, and to deny a conditional use permit for grading within 75' of the OHVVL of Lake Minnetonka. 4. The Planning Commission made the following findings of fact: A. The property was developed prior to the adoption of the Zoning Code. B. The total hardcover and structure on the lot will decrease upon redevelopment. C. The buildin� envelope on the property is minimized by the lot being undersized for the Zoning District. Developing the lot without variances would not be possible. D. Adjacent properties are developed closer than 75' to the lakeshore. The new residence would not encroach the average lakeshore setback. E. The City's Comprehensive Plan and Zoning Code encourages protection of the shoreland areas around natural waterways to include preserving the existing grade around Lake Miruieton�ca. The applicants have proposed grading 124 cubic yards within 7�' of the lakeshore to create a walkout for the lower level of a new residence. It is the position of the City to r.ot alter the grade within the lakeshore setbac!c. Page 2 of 5 il�� /� �� /O o � - C ITY of ORONO �. � � �,� G'� RESOLUTION OF THE CITY COUNCIL �9kESIIp44' N0. 4 a�S,�,� 5. The City Council finds that the conditior�s existing on this property are peculiar to it and do not apply generally to other property in this zor,ing district; tha� grantin� the variance would not adversely affect traffic conditions, li�ht, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including tne findings and recommendations oi the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLU�IONS, OR�ER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies the conditional use pernut application as described above and grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.22, Subdivision 1 to pernut new residential construction on a lot 76.54' wide where 80' is required and 10,350 sq. ft. in lot area where 17,424 sq. ft. is required; and to permit the residence to be located 47.59' from the OHWL of Lake Minnetonka where 7�' is required and 21.01' from the street lot line where 30' is required; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to pernut 638 sq. ft. (11%) hardcover in the 0-75' lakeshore setback where 1,285 sq. ft. (22%) exists and no (0%) hardcover is allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 1,356 sq. ft. (30%) hardcover in the 75-250' lakeshore setba�k where 1,496 sq.ft. (33%) and 1,122.5 sq. ft. (25%) is allowed. Approval was suoject to the followin� conditions: l. Authorities granted by this variance run with the property not with the applicants, 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 (August 9, 2000). Page 3 of 5 � O� . i� � /O O *�. - C ITY of ORONO ti �� / RESOLUTION OF THE CITY COUNCiL �kEs� rvo. 4 � � � � 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to thz recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of August, 1999. ATTEST: � : , j/� L� �--`� �'�y"��'- /1 ��-L. 7 inda S. Vee, City Clerk Gab 'el Jabbour, Ma or , �v L:�•.�� ^ CT Property Owner(s N��'U�=�a7f} ,'',t--�=^,�n STATE OF ) hr,�ia �:,��v � , „ ss. COUNTY OF I�-P�P-�F ) The foregoing instrument was acknowled�ed before me on this 9th day of August, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrumen �vas executed on behalf of the City. i�� z�-*✓ � ; , ' _, �i,!� �= ��' ' -y�� ; 'OFFICIAL SeAL' Notary Public � � 's E. ' ocd �.!o?."�� _ , :'r'C`I!';nC!S M _ . . ;, ,'-,2 C�IIROLE 11.HASEMAN NOT11R1f PldlC•i�MEBCTA �V�� Page 4 of 5 �'�"��„�� / � ,� �� 0 0 �, - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4�4' NO. � ,� � r STATE OF MIlVNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a^o( day of �P��Q rv , �9�before me a Notary Public within and for said county, personally appeared r ' fi �r1 C r�^� ec� . known to me to be the person(s) described in and w o executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �� CAiip,E�fiASEMAN C��,�-� �' �� NOTARY PUBLIC M►C��iMo�l��w.�t.�ooS i �- � I11,�`�S STATE OF A ) �l A�'�� ) ss. COUNTY OF ) , �-� On this � �•�4i�- day of �'1.-��t,�L�+=�'� 1.9.�—,before me a Notary Pu lic within and for said county, personally appeared .t'��:r �,o� �� •�+�ri�� known to me to be the person(s) described in and who exec ted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. r, ;�J , � ^ � i �i��.� � �{,(�!�t�� ., •o��IAL SEAL' I�TOTARY PUBLIC � C'-:Is E.Livergood �l.?-��:. 'ic,�!a;2 of Illinois ti�y C-" ,��xr:res 6,l21102 Page 5 of 5