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Home My WebLink AboutResolution 2832 .. "> , . -::,..: � y Cit o� ORONO � . • RESOLUTION OF THE CITY COUNCIL � NO. 2832 • - • • , A R$SOLIITION GRANTING A R$NEWAL VARIANCS TO � , MDNICIPAL ZONING COD$ SSCTION 10.22, SIIBDIVISION 2 FILS #1546 WHER$AS, Scott Prochnow (hereinafter "the applicant") has an interest in the property located at 4075 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Highwood Lake Minnetonka, Hennepin County, Minnesota; (hereinafter "the property"); and WH$REAS, the applicant has applied to the City for renewal of a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage, which garage will increase hardcover in 75-250' lakeshore setback zone to 35.9�, where � • - only 25$ hardcover is normally allowed, such variance originally • granted per Resolution #1991. NOW, TH$R$FOR$, BE IT R$SOLYED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1546 . � 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. � 3. The Orono Planning Commission originally reviewed application #1021 on April 21, 1986, and recommended approval of the proposed variance based upon the following findings: A) The proposed garage will replace an existing garage which is 1.7 feet from the side lot line and 4.1 feet from the street lot line; the new garage will be located to meet the side setback requirement and nearly meets the required street setback requirement; and the new garage opens to the side, thus creating a safer street access. B) The applicant can remove significant amounts of existing . . hardcover so that no net increase in hardcover would result; the Planning Commission recommended an increase in hardcover • by al lowing a 165 square foot area of rock-covered plastic to remian in place in order to maintain adequate basement , water� protection. � Page 1 of 5 - . , , ,�<:' ' �., ��.�� ". �: � � � � c�t� o� oR,oNO . � • RESOWTION OF THE CITY COUNCIL � � • NO. 2832 •�- • • 4. The property contains 3,604 square feet (34.3�) of existing hardcover in the 75-250' setback zone. The proposed hardcover in the 75-250' zone, including the 165 square feet of gravel over � plastic, is 3,769 square feet or 35.9$. 5. There is an existing boathouse in the 0-75' setback zone, which is partially located within the adjacent city alleyway. The total hardcover in the 0-75' setback zone is 544 square feet or 12.4$. 6. On June 18 , 1990 , the Planning Commission reviewed this request for renewal of the hardcover variance to allow 35.9� in the 75-250' zone, and recommended approval based on the following finding: A) Renewal is requested only for the hardcover variance, because code changes since the original adoption of Resolution #1991 result in no need for the street setback variance for the proposed garage. ' • � B) The room additions to the existing residence were completed within the requests of Resolution #1991, and necessary concurrent hardcover removals for that work were completed. C) The current garage size and location proposed are , identical to those previously approved in Resolution #1991. 7. 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. � 8. 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. Page 2 of 5 • . i ` ti � � , . C�t� o� ORONO� �• RESOLUTION OF THE CITY COUNCIL � � NO. 2832 • - • • CONCLIISIONS, ORDffit AND CONDITIORS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage, which will result in an increase in hardcover in the 75-250' lakeshore setback zone from the existing 34.3 $ to 35.9 � , subject to the following conditions: l. The maximum hardcover allowed on the property in the 75-250' setback zone is 3,769 square feet or 35.9�. Applicant is advised that any future requests for additional hardcover on the property will not be approved and might be approved only with concurrent removals of equivalent amounts of existing hardcover. 2. The existing boathouse on the property is considered a non- conf orming structure by virtue of its location in the 0-75' setback zone and because it is located partially within the City right-of-way, and therefore is subject to the various ordinances pertaining to such structures. � • 3. 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 Council approval, or this variance will expire on that date (July 9, 1991 ). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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. Page 3 of 5 • . s ° ' � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL ' � NO. 2832 • - • • ` . . Adopted by the Orono City Council on this 9th day of July, 199 . AT ST: � � . D rothy Hallin, City Clerk Jam -s R. Grabek,'�Magor' � � Property Owner(s ) � STATE OF MINNESOTA ) � ) ss . � • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9 th day of Ju 1 y, 19 9 0 , by James R. Grabek & Dorothy M. Ha 1 1 in, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation . and said instrument was executed on behalf of the City. , �1,Q.�2,o-�— �✓�(�t'�`�' � � < � �0T'AR�P B`4'+ L. Nq Notary Public ��miEplN C�VN spTq salp+►e�Alrag�2 �O ��. My Commission Expires Page 4 of 5 . . , � . .,-;,� ��F�� C�t o� ORONO � . • RESOLUTION OF THE CITY COUNCIL � • NO. 2832 �� - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) i On this � gth I day of �L1�, , 19 9 0 before me a Notary Public within and for said county, personally appeared Prochnow Joint Owner • known to me to e 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. ,� G� THERESA L. NAAB NOTARY PUBLIC � _� NOTARY PUBLIC- MINNESOTA . .� MY�"m ssPlo�n ezP�o N9-TBY-92 • 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss . COUNTY OF HENNEPIN ) ' On this 11th day of July , 199�, bef ore me a Notary Public within and for said County, personally appeared �Sarah B. Prochnow, Joint Owner 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. . I a�-� NOTARY PUBLIC . THERESA L. NAA9 9�8�9 2 I�OTARY PUBUC- MIN�cSOTA '�-�.,y;�; ; HENNEPIN COUNTY MY COMMISSION EXPIRES M�r ooirWntsaion expt�w e-s-sz � Page 5 of 5 �