HomeMy WebLinkAboutResolution 2828 ,� ' 7i4` � . .
� � �Y C�t o� ORONO
�
� Q�? l RESOLUTION OF THE CITY COUNCIL
� NO. 2828
• - • •
A RESOI�IITION GRANTING
VARIANCES TO
MiINICIPAL ZONING CODB
SSCTIONS 10.55, SIIBDIVISION 8,
S$CTION 10.22, SDBDIVISIONS 1 AND 2,
SECTION 10.25, SIIBDIVISION 6(B) AND
SBCTION 10.03, SIIBDIVISION 13
FII.E #1539
WHERBAS, David Filkins (hereinafter "the applicant") is the
owner of the property located at 3905 Shoreline Drive within the City
of Orono (hereinafter "City") and legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS , the applicant has applied to the City for
variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and
2 and 10.55. Subdivision 8 to allow construction of an attached garage
within 75' of the shoreline, where no structure or hardcover is
normally allowed, and a variance ��to Section 10.25, Subdivision 6 (B)
to allow a side yard setback of 8' whe�re a 10' side setback is
• normally required, and a front (street) yard setback of 4' where a 30'
setback is normally required, and a variance to Section 10.03,
Subdivision 13 to al low garage doors facing the street to be less than
the required 30' from the property line.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
_ Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1539 .
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
June 18 , 1990 , and recommended approval of the proposed
variances, on a vote of 4 to 1 with 1 abstention, based upon the
following findings: �
a) Applicant is moving the existing detached garage to a
location within the property boundaries, but will not change
the footprint dimensions of that garage.
b) The proposed relocation and attachment of the garage
� • : results in a more conforming situation than the current
_conditions.
c ) The applicant can concurrently remove existing
hardcover on the property, resulting in a net hardcover
decrease in the 0-75' zone from 53� down to 46$.
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� . �: � � Cit o� ORONO
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• �'T RESOWTION OF THE CITY COUNCIL
� NO. 2828
• - • •
While the proposed attachment will leave the garage only
9' from the neighbors existing detached garage which is also
nonconforming in nature, the attachment leaves a setback
from the neighboring residence structure of 14' , adequate
for fire safety purposes.
e) The majority of the lot is in the 0-75' lakeshore
setback zone, hence the hardship is that without a variance,
applicant would not be able to locate a garage within the
property boundaries.
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 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 general ly 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 the above findings, the Orono City Council hereby
grants variances " to Municipal Zoning Code Sections 10.22, Subdivision
1 and 2 and 10.55 , Subdivision 8 to permit the relocation of the
existing garage within the 0-75' lakeshore setback zone where no
hardcover or structure is normal ly allowed, and grants variances to
Section 10.25, Subdivision 6 (B) to allow a street lot line setback of
4' where a 30' setback is normally required, and a side setback of 8'
where a 10' setback is normally required, with such structure being
located 40' from the shoreline where a 75' setback is normally
required, and grants a variance to Section 10.03 , Subdivision 13 to
allow a 4' setback for the garage doors facing the street where a 30'
setback is normally required, subject to the following conditions:
1. Applicant shall remove hardcover as shown on Exhibit B
attached, resulting in a reduction from 53� to 46� hardcover in
the 0-75' zone. The applicant is advised that any future
proposals to increase hardcover on the property will not be
• approved, but might be approved only in conjunction with
concurrent removals of existing hardcover, resulting in no net
increase in hardcover.
� Page 2 of 5
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� Cit o� ORONO
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• C�? RESOLUTION OF THE CITY COUNCIL
� NO. 2828
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plicant shall attach the garage as shown in Exhibit B, and
shall install fire walls in the garage as required by the
building code, and shall be allowed to revise the roof lines as
necessary to eliminate potential roof drainage concerns, subject
to staff approval.
� 3. Applicant is advised that any regrading of the driveway area
within the County right-of-way, requires Hennepin County Highway
Department approval.
4. Authorities granted by this variance 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 Counci 1 approva l, or this variance wi 11 expire on
that date (July 9 , 1991 ).
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 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 Orono City Council on this 9th day of July,
199
ATT T: ��
r
. ' _ � f � _
orothy allin, C Clerk Jam s R. Grabe}�Mayor�
� �_ �
Property Owner(s ) .
• .
�
Page 3 of 5
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. ty o ORONO
• � RESOLUTION OF THE CITY COUNCI L
� NO. 2828 '
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
9th day of July, 1990 , 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.
��2�!P.��4� -/(/GC�
THERESA L. NAAB Notary Public
� �HENNEPIN COUNTYTA • �'Qi��
• My commission expiras 9-B-92 , _ U
' My Commission Expires
. Page 4 of 5
•
��. �r� Cit o� ORONO
�
• RESOLUTION OF THE CITY COUNCIL
� NO.
� - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this q � day of _��W� , 199�
before me Notary Public within and f r�id county, personally
� appeared ��r oL �- �r �k l �5, ��n�� �Wh�r-
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.
C=�' ) ' C��
��
NOTARY PUBLIC
THERESA L. NAAB �
` N HENNEPIN COUNTYra
• My�pmmission expires 9-8-92
MY C ON EXPIRES
STATE OF MINNESOTA )
. )ss.
COUNTY OF HENNEPIN ) ' �
On this day of , 199 , 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.
' t,
NOTARY PUBLIC
�
MY COMMISSION EXPIRES
• Page 5 of 5
� EXHIBIT A
RESOLUTION N0. 2828 .
LEG�L DCSCRIPTION :
11J.1 �liat part oC Lot l , F31ock d , Townsite� vf
Langdor� ['aric , described as follvws : Beginning at
a pvfnE on �t�e Nortl� li.r�e of said Lor I , distant
312 . 7G f-eet; West ot• the cor. ner oE said Lot 2 , Formed
by t;he intersection of tlie Westerly lfne of
Dunwovdy 1lvenue with the Southerly line dL• the County ,
Road as shown on � rhe p].a � oE sa id ToNnsi �e ; thence
dePlecting to the leFt , deElection angle : 73 degrees ,
16 minutes a distance vF Q4 Peet more or less to El�e
stiore oF Lalce Minrietonka ; tt�ence Nvrthwes�erly along
said l�ke sliore a clisL•�nce o:E SE3 feet more or lese
to a pvirit vn said latce st�ore on a line deflecting
. � to tt�e letL• , de�lecL- i.on angle 73 degxees ; 57 minutes
Lrom a poi��t on said Nvrtlierly line oE sa�d Lot I �
. distat�t G0 . 68 feet West of the point vf beginning ;
�hence Northeasterly along sai.d line a d�stance oE
57 Feet more or less to said Nortli line of said
Lot 1 ; tlience Cas� aloiig tl�e Nor�ti lfne of said
Lo� 1 a. clisrance �of 60 . 6Q feet to point of begihnir�g . _
ALL IN �HENNEPIN COUNTY, MINNESOTA.
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� �( �E�'/� 4r �'ne �LEGAL DESCRIPTION: , .
� � C.� All that part of Lot 1, Block 8, Townsite' of
� � � �NG Langdon Patk, described as follows: Beginning at
�� ' a point on the North line of said Lot l, distant
312.76 feet West of the corner of said Lot 2. formed
� \ � C`�{.� , �� by the intersection of the •Westerly.line •of '
� �sl��n M Dunwoody Avenue with the Southerly line di the Countp
� Road as shown on the plat of said Townsi��e.;� thenqe
� � S�°t deflecting to the left, deflection angle:73 degrees,
\ c���P 16 minutes a• distance of 84 feet more or,less to the
Y �/ � shore of Lake Minnetonka; thence Northwesterly along
\ / . said lake shore a distance of 58�feet more or lesa
� \ � �, to a point on said lake shore on a line deflecting � .
�� \ to the left, deflection angle 73 degreesi •-67 minutes•
� � from a point on said Northerly line of sa,i�d Lot 1
v O � distant 60.68 'feet West of the point of� beg3nningi
�RD Cov�R CAI.G��AT10t�S'o � ---- thence Northeasterly along said line a d�etance of
57 feet more or less to said North line of 'said �
Zon►E µAR�t�v�Q PER �cNt' Lot 1; thence East along the North line of said„ .
oNE AREA hR'� �F �iO��E Lot 1 a distance of 60.68 feet to point of beginning.
:. • .
0��5� a'19� ___.�22t.$_.-..-..- -•'----�3% -- AREA = 4375 square feet to 929.9 contour line �
,_..,._...___.._. .._�--_.�. 89�� .,
'15�250'� Ia4_� . _. _�6�1-._._._. .__�.�_.-----__.._ � � . _
� � f ��� 4 GENERAL NOTES
�1oTE o �1� aY¢ats bastd �rom 929�4��r�{�ur . •- - �
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