HomeMy WebLinkAboutResolution 2751 � ,. ; .
���i� Cit o� ORONO
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':. Q�j 'j RESOLUTION OF THE CITY COUNCIL
� NO. 2751
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A RESOLDTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 1
FILE #1484
WHEREAS, Roxanne Stasik (hereinafter "the applicant")
has an interest in the property located at 4470 Forest Lake
Landing within the City of Orono (hereinafter "City") and
legally described as Tract B, Registered Land Survey #1472,
Hennepin County, Minnesota (hereinafter "the property") ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 to
permit the construction of a new foundation under the existing
portion of the principal residence on the subject property. The
existing structure is located approximately 40-45' in front of
the average lakeshore setback line.
• NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS � �
l. This application was reviewed as Zoning File #1484.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on January 16, 1990, and rec.ommended unanimous approval of
the proposed variance based upon the fol lowing findings:
A) The average lakeshore setback for the property has
been established by the location of the existing
residences on the adjacent properties. Such residences
are located within substandard street setback areas;
the west lot at 8' and east lot at 22'.
B) On September 11, 1989 the City Council approved an
average lakeshore setback variance for an addition to
the rear of the existing structure finding no visual
impact upon the adjacent residences.
C) None of the affected property owners has submitted
• any objection to the proposed average lakeshore setback
variance.
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RESOLUTION OF THE CITY COUNCIL
� NO. 2751
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D) The relocation of the present structure behind the
average lakeshore setback line would create a major
impact on the property to the west ancl the ability of
the owner to reach the garage at the rear of the
property.
4 . The City Council has considered this application
including the findings and recommendatioms of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variance 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
variance 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. �
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.22, Subdivision 1 to permit the total replacement
of the foundation under the existing residence, subject to the
fol lowing conditions:
1. All conditions of resolution #2694 that granted approval
of the variances to the average setback line and excessive
hardcover within the 75-250' setback area for the addition
to the rear of the existing residence remain in effect for
this current variance review and they are as follows:
A) Hardcover on the property shall be allowed as
follows:
0-75 ' Zone = 0 s.f.
75-250 ' Zone (area = 14, 801 s.f. ) :
House + Addition 1,059 s.f.
Garage 550 s.f.
Dog Run 230 s.f.
• Deck/Stairs/Stoops/
Landscaping/Etc. 622 s.f.
� Driveway 2,238 s.f.
� TOTAL 4 ,699 s.f. or 31.7�
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'� "(]� .� RESOLUTION OF THE CITY COUNCIL
� � NO. 2751
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B) The property owner is advised that any future
proposals to increase hardcover on the property will
not be approved, however any future proposals to
increase hardcov er 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.
C) Applicants shall• adhere to the site plan attached �
to this resolution as Page 6 (also referred to as
Exhibit A attached to Resolution �#2694).
2. 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 (January 22, 1991).
3. 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.
4. 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.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held ,on the 22nd day of January,
1990.
AT ST:
r
0 othy . Hallin, City Clerk E ward J. C lahan, Jr. ,
Actin May r
�.�.. 1� I� �
P operty Owner(s ) '
• �
, Arrlicant(s)
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��:=� Clt� o� ORONO .
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... Q�j RESOLUTION OF THE CITY COUNCIL
- � NO. 2751
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 22nd day of January, 1990, by Edward J. Callahan, Jr. &
Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
�;
LAURI� K. SCHEFFLEit No ary Public
� NOTARY DUBLK-MINNESOTq
"L. .�;
4'� HENNEPIN COUNTY
`'%���.� My commi:;ion oxpires6•8-93
� My Co ' ssion Expires
•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ���f1� day of �1H►JGLAR� ► 199�
before me a N�ary Public within and for said county, personally
appeared �X N�, A'�,
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.
�'��, � �
LAURIf K.SCHEFfLER
�• '��s NOTA0.Y PUBUC-'MINNESOTA NOT RY PUBLIC
,�r...,.,:.
1�1'`� HENNEPIN`"COUNTY
, �>-;
�,��•;;�y. My tommiss'ion expirosb-8-93
� 8
MY COMMIS I N EXPIRES
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t�Tr,�� - c�t o� oR,oNo � .
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�f "�,_ .� � RESOLUTION OF THE CITY COUNCIL -
`' � . NO. 2751
• � • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s ��/'c� day of �u.Oc.r't� � , 19 9 a
before me a Notary Publ.ic with'n and for sa county, personal.ly
appeared �u. �' ��� �
known to me to be the person(s) des 'bed in nd ho executed the
foregoing instrument, and acknowl.edged that he (they) executed
the same as his (their) free act and deed.
.. �LC�
THERESA L. NAAB NOT Y PUBLIC
: NOTARY PUBLIC - MltvncSOTA
HENNEPIN COUNTY �
My o0nunlsalon exptres s-a-s2
��� �,�,9a
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
� )ss.
COUNTY OF HENNEPIN )
�,
On this � �-- day of _ FQ�r�,c.a� r , 199�C�, before me a
Notary Publ� within and for said unty, personalZy appeared
T h_ a < <..� ��'k .Q1 L.e�-hQ�� known to
1 f/li/ V4J
me to be the person ( s ) described in and who executed t e
. foregoing instrument, and acknowZedged that he (they) executed
the same as his (their) free act and deed.
�/ 1 /
�/GZ�—
`LL.�'..1��--
NOTARY PUBLIC
THERE3A L. NAAB
NOTARY PUBUC- MINNESOTA
�� HENNEPIN COUNTY
My r.ommission expires 9�8-92 �� p- Q�
O ' /
MY COMMISSION EXPIRES
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