HomeMy WebLinkAboutResolution 3017CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3017
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C),
SECTION 10.22, SUBDIVISION 2, AND
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1674
WHEREAS, Thomas and Alice Stuck (hereinafter "the
applicants") are the owners of the property located at 4365 North
Shore Drive within the City of Orono (hereinafter "City") and
legally described as follows:
The North 125 feet of the West half of Lot 6, and the East
half of Lot 5, Block 18, "Saga Hill Revised, Hennepin
County, Minnesota" (hereinafter "the property"); and
• WHEREAS, the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.03, Subdivision 14
(C) to allow lot coverage of 16.5% where lot coverage of no more
than 15% is normally allowed, and a variance to Section 10.22,
Subdivision 2, to allow hardcover in excess of the 30% normally
allowed in the 250-500' setback zone, and a variance to Section
10.24, Subdivision 5 (B) to allow construction of an addition to
the existing residence being 6.5' from the side lot line where a
10' side setback is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:` -
,•.e:
FINDINGS
1. This application was reviewed as Zoning File #1674.
2. The property is located in the LR -1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 19, 1991, and recommended conditional
approval of the proposed variances based upon the
following findings:
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3017
A. The proposed 6.5' setback continues the existing
setback line of the house parallel with the side
lot line. No neighboring structures will be
adversely affected by continuing this encroachment
with a new addition.
B. A variance to allow 16.5% lot coverage where 15%
is normally allowed is justified due to the narrow
configuration of the lot and a lot area of only
0.38 acre in this 1.0 acre zoning district.
C. The Planning Commission finds no justification for
granting an increase in hardcover on the property,
but finds that the distance from the lake of the
proposed improvements helps to justify allowing
the existing 66.2% hardcover percentage to
continue. The narrow configuration of the lot and
the relatively small lot size are hardships which
justify granting of the proposed variances. The
fact that there is no existing hardcover in the 0-
75' or 75-250' zones is further justification for
allowing excess hardcover in the 250-500' zone.
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 variances 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3017
CONCLUSIONS, ORDER AND CONDITIONS
Based upon•the above findings, the Orono City Council
hereby grants a variance to Municipal zoning Code Section 10.03,
Subdivision 14 (C) to allow lot coverage of 16.5% where only 15%
lot coverage is normally allowed, and grants a variance to
Section 10.22, Subdivision 2 to allow 66.2% hardcover in the 250-
500' zone where only 30% hardcover is normally allowed, and
grants a variance to Section 10.24, Subdivision 5 (B) to allow an
addition to be constructed with a side setback of 6.5' where a
10' side setback is normally required, subject to the following
conditions:
1. Hardcover in the 250-500' zone is approved at a level
of 66.2%. All existing and proposed hardcover approved
with this variance approval is recorded in the
calculation worksheet and diagram enclosed with this
resolution as Page 5. This worksheet and diagram
indicate a reduction in the size of proposed decks to
yield 66.2% hardcover. Any revisions to the
construction plan or site plans which vary from this
diagram will be subject to staff review and approval.
The current property owner and all future owners of
this property are placed on notice that hardcover shall
not be increased above the currently approved level and
any proposed improvements of this property that will
result in additional hardcover must be approved by the
City. Such approval may result in a requirement for
concurrent equivalent or greater removals of existing
hardcover. All existing hardcover scheduled for
removal as a condition of this resolution must be
removed prior to the footing inspection for new
construction.
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
(September 9, 1992).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3017
3. 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.
4. The undersigned applicant has read, understood and
hereby•agrees to the terms of this resolution and on
behalf of herself, her 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 9th day of September,
1991.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
ss.
rbara A. Peterson,Mayor
The foregoing instrument was acknowledged before me on
this 9th day of September, 1991, by Barbara A. Peterson & 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.
LINDA S. VEE
NOTARY TA
ENNEPIN COUNTY
Mycom mission expires 8-12-98
Not4rKblic
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3017
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this IQ-►- day of Sep 4evrIber- , 1hoatly
before me a Notary Public within and for said county, per appeared t e ' o wv>>er' t f�S
known to me to be the person(s) de&cribed in and Who exec ted the �C.Ie
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE �/ //pSL
LWOF
ARY PUBLIC - MINNESOTA �G1y
HENNEPIN COUNTY Nota Public
commission expires &12-98 y
MI E 0
)ss.
COUNTY OF HENNEPIN )
On this IQ qVI
✓ day of =5eyke ) , 199
before me a fNotary Public w}thin aIf or said co nV, pers r}aly
appearedy I QYYI.I� ,S �- �"rUC (-<< k 0 Sb [�� d TTItCt �i • MUCK
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.
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y JAN AA
»� MARTHA R VV�
NOTARY PL,:LIQ.MWIMA
HENNEK OOIJN'fY
wry corrr-:.._:;)- Ys016
Notary Public
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