HomeMy WebLinkAbout1233 Briar Street RES 2042 unsigned
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B) AND
SECTION 10.56, SUBDIVISIONS 16 (C-1) AND (C-6)
FILE #2042
WHEREAS, Thomas E. Frank and Barbara L. Frank (hereinafter "the applicants") are
owners of the property located at 1233 Briar Street within the City of Orono (hereinafter "City") and
legally described as follows:
Lots 1 through 15 inclusive, Block 3, "Maxwell's Addition" to Crystal Bay, Lake Minnetonka, and the
Northerly 12' of Lots 4, 5 and 6, Block 8, Monterey on Minnetonka, according to the plat
thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal Zoning
Code Section 10.28, Subdivision 5 (B) and Section 10.56, Subdivisions 16 (C-1) and C-6) to permit
construction of a replacement deck at the lakeside of the existing residence to be located 131' from the
shoreline of the natural environment lake where a 150' setback is required and existing deck is 137', the
structure will encroach 3' beyond the average lakeshore setback line and the deck will be placed 42'
from the street lot line where a 50' setback is required and where a 27.7' setback exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2042.
2. The property is located in the RR-1B, Rural Residential Zoning District requiring 2 acres in
area. The property consists of 39,400 s.f. of dry buildable land.
3. The Orono Planning Commission reviewed this application on August 21, 1995, and
recommended approval of the variances as proposed based upon the following unique
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findings and hardships:
A.Because of the curvature of the shoreline and the angle of the residence on the
property, the deck will not be visible from the public view of the French Lake
shoreline.
B.French Lake is not used by public boaters.
C.The deck cannot be seen from the residences on the adjacent properties because of
the distance between residences, topography and natural screening.
D.The deck at approximately 310 s.f. will be placed over 95 s.f. of existing hardcover
improvements.
E.Only a corner of the deck will extend 131' to the Ordinary High Water Level of the
shoreline of French Lake. The majority of the deck will be placed behind the
131' setback.
F.The interior layout of the upper level of the residence and the uses at the lower level
limit feasible areas for extending deck.
G.The majority of the residence is located within the 150' structural setback.
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
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.
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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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to the Municipal Zoning Code Sections referenced above to permit construction of a lakeside
deck at approximately 12'x17' and as shown on a survey by Mark S. Gronberg of Coffin and Gronberg,
Inc. dated November 10, 1993, most revised date June 28, 1995, subject to the following conditions:
1.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 (August 28,
1996).
2.Violation of or non-compliance with any of the terms and conditions of this resolution shall
constitute a violation of the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
3.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.
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Adopted by the Orono City Council on this 28th day of August, 1995.
ATTEST:
_______________________________ ________________________________
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
______________________________ ________________________________
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of August,
1995, by Edward J. Callahan, Jr. & 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.
_____________________________
Notary Public