HomeMy WebLinkAboutResolution 2785 ....��.. ._.___.. � _ . _ _
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Clty o� ORONO .
� � RESOLUTION OF THE CITY COUNCIL
� NO. 2785
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A R$SOLIITION GRANTING
VARIANCES TO
MiJNICIPAi� ZONING CODE
SECTION 10.22, SDBDIVISIONS 1 & 2 AND
S$CTION 10.55, SDBDIVISION 8
FILE #1452
WH$REAS, Marilyn & Wa].ter Pemberton (hereinafter "the
applicants") are owners of the property located at 1720 Shadywood
Road within the City of Orono (hereinafter °City") and legall.y
described as follows:
Lots 12 & 13 , except that part of said Lot 12 lying
northerly of a 3.ine drawn para11e1. with and distant 71.2'
northerly measured at right angles from the southerly line
of said Lot 13, Shadywood, Hennepin County, Minnesota
(hereinafter "the property"); and
WH$REAS, the applicants have applied to the City for
• variances to Municipal Zoning Code Section 10.22, Subdivisions 1
& 2 and Section 10.55, Subdivision 8 to permit the construction
of a room addition to the existing residence, which addition is
entireZy located within the 0-75' lakeshore setback zone. where no
structure or hardcover is normally a1.l.owed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1452. •
2. The property is Zocated in the LR-1C Single Family
Lakeshore Residential Zoning District.
3. The Orono P1.anning Commission reviewed this application
on September 18, 1989, and recommended conditional approval
of the proposed variances based upon the following findings:
A) Existing hardcover �in the 0-75' zone is 26.78�.
Existing hardcover in the 75-250' zone is 58.04�.
These hardcover amounts are unusually excessive for the
LR-1C district and any proposed structural additions on
the property shoul.d be subject to a concurrent
reduction in overall hardcover on the property.
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'��� ��' RESOWTION OF THE CITY COUNCIL
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B ) There is an area of rock and plastic of
approximately 231 square feet in the 0-75' zone (per
applicants' hardcover calculation) that can easily b�
removed to compensate for the additional structur� in
the 0-75' zon�. The additional structure is completely
in the 0-75 ' zone but does not in and of itself
increase hardcover on the property since it is over an
existing hardcovered deck area.
C) The proposed addition continues the existing east
and south 1 ines of the house, squaring off the house,
and �ncroaches no closer to the shoreline than existing
portions of the house , which are 56 ' from the
shoreline. The proposed additions do not encr�ach past
�he defined average lakeshore setback line.
4. The City Council reviewed this application on November
27, 1989, and on a vote of 5-0 tabled the proposal pending
submittal by the applican�s of a revised hardcover removal
• proposal as well as pending a reconsideration of o�her
alternatives for locating the addition.
A revised proposal using the same addition location but
reducing 0-75' hardcover from 26.8� to 19.9$ , and reducing
75-250' hardcover from 57.5� to 45.9�, was submit�ed by the
applicants, and reviewed by th� City Council on January 8,
1990. Council voted 3-2 for conceptual denial of the
proposal, directing the City staff ta draft a resolution for
denial. On January 26, 1990 the Council voted 3-1 to table
final resolution adoption at the request of the applicant.
On March 12, 1990 applicarits appeared before the City
Council and offered further hardcover reductions of 58 s.f. �
in the 0-75' zone, resulting in final 0=75' hardcover of
18.80. Council voted 3-2 on a motion to reconsider the
prior conceptual denial , and further voted 3-2 to grant
approval of the proposal as revised, directing staff to
draft an approval resolution reflecting these revisions,
finciing that �he hardcover removals result in a substantial
decrease in hardcover on the property.
5 . The Cii�y Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the
applicants and the effect of the proposed variances on the
• health, safety and welfare of the community.
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,���� T������` Clt o� ORONO
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�=� RESOLUTION OF THE CITY COUNCIL
��;���� NO. 2785
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'� `'��` e City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally -
�a other property in this zoning distric�; tha� gran�ing the
variances wauld not adversely affect traffic conditions,
light , air nar pose a fire hazard or other danger to
neighboring prop�rty; would not merely serve as a
convenience to the applicants , but are necessary ta
alleviate a dEmonstrable hardship or difficulty; are
necessary ta preserve a substantial praperty right of the
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and ComprEhensive Plan of the
City.
CONCLIISION, 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 and Section 10.55 ,
Subdivision 8 zo permit the construction of a roam addition
located entirely within the 0-75' lakeshore setback zone where no
• hardcaver or structure is normally allowed, subject to the
following conditions:
1. Hardcover in the 0-75' zane shall be reduced from �he
existing 26.78� to « level of 18.8� by removdl of existing
hardcover areas identified an Exhibit A attached, and these
areas shall revert ta grass. Haracover in the 75-250'
lakeshore setback zone shall lik�wise be decreased to 45.9$
as shown an Exhibit A. The site plan and hardcover -
calculation basis for this approval is at�ached as Exhibit A
to this resolution.
2. The applicants are advised �hat no future hardcover
increases an the praperty will be approved, and any future
proposal to incr�ase hardcover on the praperty might be
appraved only in conjunction with concurren� remavals aF
pre-existing hardcover on the property, resulting in eithEr
d net decrease or na ne� increase in hardcover on the
properzy.
3. Since the current proposal is far a I s�ory addition at
�his corner of the house, any future propasal to place a
second story above that addition will rea,uire a new variance '
applica�ion.
�. Authorities gran'ted by �his resolutian run with the
• proper�y nat with the applicdn�s, but are permissive only
and musL be exercised by applica�ion for a building permit
witnin one yEar of the date of Cauncil approval , or this
variance will expire on �hat date ( April 9, 1991 ).
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r;�;�.��= RESOLUTION OF THE CITY COUNCIL
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5. Violation of �r non-compliance with any of the terms and
conditions of this variance shall constitute a viola�ion of
the zoning code, �shall automatically terminate any authvri�y
granted herein, and shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and
hereby agree to the terms of this resolu�.ion and on behalf
of themselves, their heirs, successors and assigns, hereby
agree �o the recording of this resolution in the chain of
title of the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held this _ 9th __ day of
A ril , 1990.
ATT T:
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• o othy . Hallin, City Cler Jame R. Gra 1�,—�ayor
wi
Property Owner s -
STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN )
The foregoing in,strument was acknowledged before me on
this .� day of }�-,o�, I � , 19� (7 , by James
R. Gra ek & Dorothy M.fial fi.n, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
M ^ �a�
/v
Notary Public
THERESA L. NAAB �—�� r a
, NOTARYPUBLIC-MINNESOTA My Commission Expires
My E�Nm►NnEsa on�a+Ne'e'92
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• � ` � � RESOLUTION OF THE•CITY COUNCIL
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� . NO. 2785
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this q� day of �-��'i L , 19�'90
before me a Notary Public within an�for said county, personally
appeared �0..��-Q_.Y'd- (�r; I � known to me to be
the person(s ) described and who executed the foregoing
instrument, and acknow].edged that he (they) executed the same as
his (their) free act and deed.
. U�-�QA-�— ����-O-J"�
NOTARY PUBLIC
• THERESA L. NAAB
: NOTARY PUBLIC- MINNESOTA
HENNEPIN COUNTY
My commission expirw 9-e-s2 ��%��j a
/
� 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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