HomeMy WebLinkAboutResolution 3173 s� a i.
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��� ��,�' RESOWTION�OF THE CITY COUNCIL
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A RESOLIITION GRANTING
VARIANCSS TO
MIINICIPAL ZONING CODE
SECTION 10.22, SDBDIVISION 1 (B) AND
S$CTION 10.22, SIIBDIVISION 2
FILE #1746
WHEREAS, Thomas � P. Lowe and Margaret Lowe (hereinafter "the
applicants") are owners of the property located at 2630 West Lafayette
Road within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 12 and the Southeasterly 15 feet, front and rear of Lot 11,
"Shore Hills", Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a
• variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to
permit the construction of an addition to the southwest side of the
existing residence to be located 38' from the shoreline instead of the
required 75' and where portions of the existing structure are located
16' from the shoreline and a variance to Section 10.22, Subdivision 2
to permit an additional 566.8 s.f. of structural hardcover within the
0-75' setback area that will result in a decrease of hardcover of
349.2 s.f. or .7� and the relocation of a gazebo structure at 176 s.f.
within the 75-250' setback area resulting in an increase in hardcover
of .5� with total hardcover of 37.5�.
NOW, THEREFORE, BE IT RESOLV$D by the City Counci 1 of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1746.
� 2. � The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District requiring 1 acre in area. The
property consists of 54,200 s.f. or 1.24 acres.
3. The Orono City Council reviewed this application on August
10, 1992 and recommended conceptual approval of the proposed
variances based upon the following findings:
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��L ��'�' RESOLUTION OF THE CITYCOUNCIL
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a) The residence structure is located within the 0-75'
setback area except for a detached garage. The only
portions of the structure suitable for expansion are
located completely within the 0-75' setback area.
b) The basic design and layout of the residence would not
allow for a vertical expansion.
c) The proposed improvement wil 1 result in a net reduction
of hardcover of 349 s.f. or .7$ within the 0-75'
setback area.
d) Based on the existing topography, the majority of
drainage from the hardcover improvements on the
property drains to the southwest and then eventually
east to the lake only after it has traveled over
extensive grassed lawn areas.
• e) The residence structure was built in 1972 before
existing Shoreland Regulations were in effect. There
have been no major structura 1 alterations to the house
since that date except for remodeling within existing
building envelope.
f) 41� of the total area of the property is located within
the 0-75' setback area.
g) Applicants have an interest in the l+ acre parcel to
the immediate south of the property. The property
remains in an undeveloped state and serves as retention
area for surface runoff received from hardcover
improvements on the property.
h) The eventual removal of the tennis court from both the
property and Lot 13 , Shore Hills would bring
applicants' property into conformance with hardcover
requirement within the 75-250' setback area.
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��� �G'�' RESOLUTION OF THE CITY COUNCI L
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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
variances 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 applicants , but is necessary to
. alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicants ; 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 reports by City staff, comments by the
applicants and the effect of the proposed variances on the
health, safety and welfare of the community.
• CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subdivision 1 (B) and Subdivision 2 to permit the construction
of a 26 'x21.8' addition to the southwest side of the existing
residence , subject to the following conditions:
l. Existing hardcover improvements to be removed from the 0-75'
setback area as shown on Page 6 of this resolution. It
shall be completed prior to the footing inspection for new
construction. Applicant shall remove 740 s.f. of landscape
area underlain with plastic and relocate screened gazebo
structure at 176 s.f. to the 75-250' setback area.
2. All persons with an interest in the property and Lot 13,
Shore Hi11s, Hennepin County, Minnesota, have executed a
deed restriction and covenant that would require the removal
of the tennis court upon application for a building permi�t
for residential construction on Lot 13.
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3. Authorities granted by this resolution 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 (August 24, 1993).
4. Violation of or non-compliance with any of the terms and
conditions of these variances shal 1 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 24th day of
• August, 1992.
AT ST:
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Do othy . Halli , City Clerk Barbara A. Peterson, Mayor
G�"�.�h �' � Gi��Cl/l.f/
Property Owner(s)
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH�g' NO. 317 3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
24th day of August, 1992, 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.
•'"•• JAMIE L.BOSMA ,9 ,,,, � Iu ' ,
�y", ` •' NOTARYPUBUC-MINNESOTA U/1'1
� � � H�EPINCOU►�fTY Nota Public
s`,•�� My Comm.Explres 12-1�9T
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��b. - CITY of ORONO
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�� G'�'� RESOLUTION OF THE CITY COUNCIL
��kESB�g'� N O. 317 3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s /a � day of /V���N'► b�2� , 19 9 �
before me a otary Public within and for said county, personal ly
appeared OYi'1 GcS 6'. Go we a,�d ari La we m a.rh .e�
known to me to be the person(s) described in and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
,, . LINDA S. VEE _ � , /
NOTARY PUBLIC - MINNESOTA v�Q�
HENNEPIN COUNTY
My commission expires&12-98 Notar Public
$ t
�SS. �
� COUNTY OF HENNEPIN )
On thi s day of ► 19 9
bef ore me a Notary Public within and for said county, personalTy
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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