The URL can be used to link to this page

Home My WebLink AboutResolution 3038O O O kE5H0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3038 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND (E), SECTION 10.22, SUBDIVISION 2 AND AN AFTER -THE -FACT VARIANCE TO SECTION 10.22, SUBDIVISION 2 FILE #1687 WHEREAS, Robert J. Bilger (hereinafter "the applicant") is the owner of the property located at 4005 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances •to Municipal Zohing Code Section 10.03, Subdivision 9 (D) and (E) to permit a detached garage at 834 s.f. to be located 3' from a street lot line instead of 10' as required by Code and 10' from the side or rear lot line instead of the required 15' for a structure in excess of 750 s.f. Applicant also seeks a variance to Section 10.22, Subdivision 2 to permit a net increase in hardcover within the 75-250' setback area at 4817.2 s.f. or 57.48% where only 2,095 s.f. or 25% is allowed. Applicant also seeks approval for a 61x32' section of deck installed without the benefit of a building permit resulting in a 192 s.f. of hardcover within the 75-250' setback area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1687. 2. The property is located in the LR -1B Lakeshore Residential Zoning District requiring 1 acre in area. Property consists of 17,244 s.f. or .39 acres. Hardcover within the•0-75' setback area = 576 s.f. or 6.49%. Existing hardcover within the 75-250' setback area = 4,165.7 s.f. or 49.7%. 0 Page 1 of 6 • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3038 3. The Orono Planning Commission reviewed this application on October 21, 1991 ,and recommended approval of the proposed variances based upon the following findings: a) The triangular shape of the property. b) The unique location of property on a severe "S" curve. c) The property does not have a functional garage that can house cars during the extreme cold winter months nor the summer months. d) Over 50% of the area of this property is located in the 0-75' setback area. e) The property was developed before the current lakeshore development standards established in 1975. 4. 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. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and (E) and Section 10.22, Subdivision 2 to permit the construction of a detached garage/storage structure located 0 Page 2 of 6 0 0 �kESII0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3038 3' from the street lot line and 10' from the side/rear lot line resulting in 4,817.2 s.f. or 57.48% hardcover in the 75-250' setback area where only 25% is allowed and approval of an after -the -fact variance for a 6'x32' deck constructed without the benefit of a building permit at 192 s.f. of hardcover in the 75-250' setback area subject to the following conditions: 1. Final approved hardcover at 4,817.2 s.f. within the 75-250' setback area is approved as shown on page 6 of this resolution. All structures scheduled for removal shall be completed at the time of the footing inspection for the proposed detached garage/storage structure. 2. The applicant shall provide detailed grading and drainage plans with building permit application for new construction. 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 (November 12, 1992). 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 6 • n L J 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3038 Adopted by the Orono'City Council on this 12th day of November, 1991. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 12th day of November, 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. CAWXE A. HASEMAN UB NOTARY PLIC-�M1WNESOTA HENNEPIN COUNIY MY COMMISSION EXPIRES 0-23-98 Page 4 of 6 ll_ Nw"'W�� 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL SH0 NO. 3038 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) t I On this A /� day of Aleve" her- , 199 before me a Notary Publ c within and for said county, personally appeared 0he T etviie.i^ known to me to be the per n(6) dedotibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 8 -12 -ss Notary Public ST Two.; JAXNARZOAAw. I- v- -7 - )ss. COUNTY OF HENNEPIN ) // On this �a-�n day of 10 tzem b fir' , 199 before me a Notary Public w� thin and for said county, persona y appeared'-esarl i t r i 0U) r,�r known to me to be the person s) a cribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY MY �mmissl0 expires 8-12 0 Page 5 of 6 LAKE � MINNETONKA`; -forWATFR 7-6,41:9Z'1Z1 ' A. REAUME L V L (l � N•c 1 •' '• RESOLUTION #3038 -�o �►IA 412-542-9559 LEGAL DESCRIPTION Situated.in the County f�D f I of Hennep n and State of Minnesota to wit: Lot 1 Ike/: ,;� `/\ MINNETONKA. MINNESOTA except that ,part thereof bounded b a line beginning at the SS3�S most Southerly corner of said -Lot; thence North;;an the Easterly line of said ; ��•^'� I ' Lrti 1 Lot, 21 feet;:'thence,•Southwesterly in 'a straight dine` to a ' �,•• ;1 point. on the Southwesterly line of said Lot distant 20 -feet Northwesterly measured .:; ,,.i 0.1 along said line.from the most Southerly corner :of 5aid..Lot; thence Southeasterly along I 3 14•S.°a �� •�: ISD v said :: Southwesterly line-.20'?,feet .to point of beginning; -of ' Yg�ova0 •�� ass all Lot' 2; and "all that part of ,Lot • 3, lying easterly of a • stidighb: fine drawn ++•� n� cJ c across said lot;., w iich line • Begins:? at a point ,•in the northerly line'of•said.Tot'3feet:westerly measured r.•/AM I along said northeriy': i•i'ne'-from-the northeasterly �� corner of said lot;-;;and:runs in a straight line 235.3 :feet to. 'a• point•;'di'stant s-■,wm AL r sT Z4 21 ..8 -feet .,not, from tand'•'at . right angles to the .,4•. I I N' . " �,% r'• a�• easterly: Xine: of said lot 3 and thence`"coniiinues!:J-il::•�he'same direction 'to �� 1� f t"OS6Aa' ',�y -the said .southerlyi=line of id lot,in Highwoad, Lako*Mianetbnka',. „A prjenJ C according to •the• plat• thereof:'on.'fiie• or of record' in the•••ofFice,:of 'I�o� •m. �~ii f the. Registrar of Titles in and »for•"said. Coun ' ',rte �'C•'�RV�F N lt,f L4.4 0 AF We t. •..-..:.,,•'s;::..••'.... Rrel� 9f..Parebl: ;',ss1 .3R0 sq, .ft.=0.397 "�' U,/e.r '^' 7"'"•s, ;2oite Zone�'AreaFC"HarclCover1Arean6 (in', sq. ft..) ``- 1 9K • Coverage 0-75 -8864 456 wu.0 I , �;►, 75-250 8380 ' 4'�^ 4',099.::' 48. 9 ` �I „S r. ; '•.. 1 p �\ s7► \ �ti. d 250-500. 56: 3:. ,, ' ....0 0% . Wr ��• '�� ( ,3w+ :'?•;iDhu ENOTES-21R0N'•"FOUND ;•'i.:;DENOTE S•=.IRON.'• SET• M \ I S M DENOTES':°,DIRECTION OF SURFACE. FLOW �} ' ; I iodt?DENOTES`•` EXISTING ELEVATION'. i fxx:J DENOTES'.•:PROPOSED ELEVATION ;::::::PROPOSED :.ELEVATIONS "":LOWEST : FLOOR :•s 942.1 GARAGE-* FLOOR .'TOP OF 'FOUNDATION 37 •t r•�aft� \ , c , LAKE � MINNETONKA`; -forWATFR 7-6,41:9Z'1Z1 sop >v,1; /i in inn •.1 f LY Ce40i'R OF LOT 1 6XC6/TION BOOK PAGE 8 31 PROJECT NO. SHEET _9/039G . REVISIONS SCALE; 1 I HEREBY CERTIFY THAT THIS SI:R-,FY. PLAY, OR -REPORT WAS PREPFARED.By NE OR UNDER MY DIRECT SUPERVISION AND THAT I AM A•DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF -THE STATE OF,MINNESOTA. DATE %-9-91 REC. NO. 19522 ' A. REAUME REGISTERED LAND SURVEYOR Q'KtM 412-542-9559 X13HOPICINS CROSSROAD' MINNETONKA. MINNESOTA SS3�S sop >v,1; /i in inn •.1 f LY Ce40i'R OF LOT 1 6XC6/TION BOOK PAGE 8 31 PROJECT NO. SHEET _9/039G . REVISIONS SCALE; 1 I HEREBY CERTIFY THAT THIS SI:R-,FY. PLAY, OR -REPORT WAS PREPFARED.By NE OR UNDER MY DIRECT SUPERVISION AND THAT I AM A•DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF -THE STATE OF,MINNESOTA. DATE %-9-91 REC. NO. 19522 RESOLUTION #3038 • EXHIBIT "A" Lot 1 except that part thereof bounded by a line beginning at the most Southerly corner of said Lot; thence North on the Easterly line of said Lot, 21 feet; thence southwesterly in a straight line to a point on the Southwesterly line of said Lot distant 20 feet Northwesterly measured along said line from the most Southerly corner of said Lot; thence Southeasterly along said Southwesterly line 20 feet to point of beginning; all of Lot 2; and all that part of Lot 3, lying easterly of a straight line drawn across said lot, which line begins at a point in the northerly line of said lot 3 feet westerly measured along said northerly line from the northeasterly corner of said lot, and runs in a straight. line 235.3 feet to a point distant 21.8 feet northwesterly from and at right angles to the easterly line of said lot 3 and thence continues in the same direction to the southerly line of said lot, in Highwood, Lake Minnetonka, according to the plat thereof on file or of recored in the office of the Registrar of Titles in and for said Hennepin County, Minnesota. • 0