HomeMy WebLinkAboutResolution 3186 ,�1 �
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��� ��'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' NO. 318 6
A R$SOLIITION GRANTING
VARIANCSS TO
MIINICIPAL ZONING COD$
SECTIONS 10.22, SDBDIVISIONS 1 AND 2;
10.55, SIIBDIVISION 8; AND
10.56, SIIBDIVISION 16 (L) .
FILE #1621
WHER$AS, Terry and Jonell Johnson (hereinafter "the
applicants") are owners of the property located at 1045 Linden Lane
within the City of Orono (hereinafter "City") and legally described as
follows: .
Exhibit "A" attached (hereinafter "the property"); and
WHEREAS; the applicants have applied to the City for
variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and
. 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L) to permit the
' construction of additions to the existing residence and an attached
garage, such construction constituting hardcover in the 0-75' zone
where no hardcover is allowed, hardcover in excess of the 25� normally
al lowed in the 75-250' zone, and structura 1 encroachment into the 0-
75' lakeshore setback where no structure or hardcover is normally
allowed.
NOW, THSREFOR$, BE IT R$SOLV$D by the City Council of Orono,
Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File #1621.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3 . The Orono Planning Commission originally reviewed this
application on February 19, 1991 and voted 6-0 to table,
- advising applicants to submit a revised proposal excluding
� any additions in the 0-75' zone which are not above the
existing house footprint and minimize hardcover to the
greatest extent possible. The applicants submitted a
revised proposal which was re viewed by the Planning
Commission on March 18 and 20, 1991. The application was
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��� ��,'�' RESOLUTION OF THE CITY COUNCIL
�kESH�4 N�. 318 6
again tabled on a vote of 4-0 , with applicants being
directed to provide a grading and drainage plan to confirm
that runoff can be directed so as to not affect applicants'
proposed improvements nor neighboring properties.
A revised proposal (Plan D) was submitted and reviewed by
the P lanning Commission at their September 21, 1992 meeting.
Plan D included porch and deck additions in the 0-75'
setback zone, addition of a second story above the existing
house, addition of a two story attached garage and rec room
with deck in the 75-250' zone, and construction of a new
driveway leading from the street to the attached garage.
The existing detached garage and parking area near the road
are proposed to be removed.
On a vote of 4 in favor, 3 against, Planning Commission
recommended approval of the hardcover and setback variances
necessary for construction of Plan D, based upon the
• following findings:
a) Location of the existing garage is impractical for a
residential home, requiring homeowner to walk
approximately 175 ' from the garage to the residence.
b) The location of the existing house partial ly within the
0-75' setback zone is a factor over which applicants
have no control.
c) The unusal shape of the lot, being 50' in width at the
road and more than 150' in width at the shoreline
results in a relatively high hardcover percentage in
the 75-250' zone. The proposal results in a slight
hardcover decrease in the 0-75 ' zone.
5. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicants and the
effect of the proposed variance on the health, safety and
welfare of the community.
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��� �G'�' RESOWTION OF THE CITY COUNCIL
�kESHOg' NO. 318 6
6. e 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. ,
CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections 10.22, Subdivisions
1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16 (L) , to
permit the construction of additions to the existing residence which
• result in hardcover in the 0-75' lakeshore setback zone of 7.2� where
no hardcover is normally allowed, 40.5� hardcover in 75-250' setback
zone where only 25� hardcover is normally allowed, and structural
encroachment in the 0-75' zone yielding a structure setback of 60'
from the shoreline where a 75' setback is normally required and no
structure is �normally allowed, subject to the following conditions:
1. Applicant shall adhere to the "Plan D" grading plan (Exhibit
"B" attached) and shall adhere to any modifications
of the P lan as recommended by the City Engineer now .or in
the future to prevent or eliminate erosion problems.
2. Hardcover in the 0-75' zone is approved at a level of 7.2$.
Hardcover in the 75-250' zone is approved at a level of
40.5�. Hardcover in the 250-500' zone is approved at 23.3�.
A 1 1 existing and proposed hardcover approved with this
variance approval is recorded in the calculation worksheet
and diagram included in Exhibit "B". 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 removal of
existing hardcover. Al1 existing hardcover scheduled for
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��L ��'�' RESOLUTION OF THE CITY COUNCIL
�kESHOg' NO. 318 6
removal as a condition� of this resolution must be removed
prior to the footing inspection for the construction.
3. Authorities granted by this variance run with the property
not with the applicants, 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 (October 12, 1993).
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 applicants have read, understood and hereby
agree to the terms of this resolution and on behalf of
themselves, their heirs, successors and assigns, hereby
• agree to the recording of this resolution in the chain of
title of the property.
Adopted by the Orono City Council on this 12th day of
October, 1992.
AT T:
� • � �G�
orothy allin, �City Clerk ����x�txx����� � x���
. an oetten cting Mayor
, SLJ
o r wner(s
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��L ��,'�'� RESOLUTION OF THE CITY COUNCIL
�kESH�g' NO. 3186
, STATE OF MINNESOTA )
) ss. .
�COUNTY OF HENNEPIN )
, � The foregoing instrument was acknowledged before me on this
12th day of October, 1992, by J. Diann Goetten & 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.
, � �.
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' rvor,aqYlP DA s Nota y Public
� HENNEPj�� � M N EsorA
- • MY corr�missfo�eXp�y&Z�
;
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' Np, .� 3186
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On thi s a �d day of /vo ve �be,� , I g 9�
before me a Notary Public within and for said county, personally
appeared �y��C.To�►H,svn �n T z�c�l'P c-•(�SSoln usGy, known to me. to be
the person( ) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed. '
�+ww�sa�s�t�aw�a�ear,
L69t'8L eunp sa1��:�uo;.,�,uwop/,;:� �;�m
�IJ.Nf10�NId3NN3H � � a
vlos�a��w•�w�vlora �
�r'0�13e8cn►�tS TtUN `�,' �
N ARY PUBLIC
•
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.
NOTARY PUBLIC
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EXHIBIT A
RESOLUTION NO. 3186 . '
LEGAL nESCI?I.P'T'IO.: � � �
Lots 4 and ;; and that part of Lot 12, descrined as follows : Beginning at the Nortnwest
corner of Lot 72;. thence East along the North line of said Lot •12 a distance of 185 Eeet
to a point of intersection with a straight line drawn from a point on the South line of i
Lot `10, 84 Eeet. East along said South line from the Southwest corner• of said Lot 10; - ;
thence Southerly along this last described line a distance of 52 feet; thence west par-
allel 'with the North line of �Lot 12 along a line hereinafter referred to as Line "A" to
� point on the West line of said Lot 12; thence Northwesterly along said West line oE '
_ Lot 12 to the place of beginning, including that part of Northeasterly 1/2 of Linden �
Lane, vacated lying betweei� the extensions westward of the North lirie of said Lot 12 I
and of the line, above ,described and designated as Line "A" . i
That part of the Southwesterly half of vacated Linden Lane l,ying between the extensions
across it of the North line of said Lot 4 and the�'South line of said Lot 5; all in "Lin- .
den Beach" , according to the plat thereof on file or of record in the Office of the Reg- �
� ister of Deeds in and for said County. Lot 4, Block t , Forest Lake Park, according to
the plat thereof on file or of record in the Office of the Register of Deeds in and for i
said County. ' � ' �
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CERTIFICATE OF SURVEY FOR � '�� ' • ♦
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TERRANCE C. JOHNS.ON ti�'="� �h
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IN LOTS 4.5.&12."LINDEN BEACH'AND LOT 4,BLOCK 1.FOREST CAKE PARK � � i� �
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