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Home My WebLink AboutResolution #2795-variances - File #1494 d�" iA'. • � �� • � A�� : C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2795 r � � • A �SOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SIIBDIVISION 1 (A) AND SBCTION 1U.22, SIIBDIVISION 2 FILE #1494 WHEREAS , Francis S. Lightly (hereinafter "the applicant" ) is the owner of the property located at 3585 Frederick Street within the City of Orono (hereinafter "City" ) and legally described as Lot 5, Block 1, Tillson's Villa Carman, according to the recorded plat thereof, . Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the installation of a pool and patio within the lakeshore yard that extends 19' in front of the average setback line and a variance to Section 10.22, Subdivision 2 to permit the installation of both an addition to the lakeside of the house and the aforementioned pool and patio area, resulting in a total of 42.5 � of hardcover within the 75-250 ' setback area where originally 47$ had existed and where only 25$ is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1494 . 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring 1/2 acre or 21,780 square feet. The subject property consists of 21,160 square feet or .49 acres. 3. The Orono Council reviewed this application on April 9, 1990 and conceptually recommended approval of the proposed variances as amended based upon the following findings: A) An existing patio area extends 10' beyond the average lakeshore setback line. The proposed pool and patio will extend 19' in front of the average lakeshore setback line. B) Final hardcover total within the 75-250' setback area will be 42.5$ where 47� hardcover had existed prior to the proposed improvements. Page 1 of 5 � � k�:: �x�� 9Y 1� � �� Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2795 • - � � ) The property is a nar'row, triangular shaped lot preventing expansion to the sides of the existing structure. � D) The application as amended will provide no visual impact on the view windows of the adjacent properties, as the only encroachment of the average setback line is a grade-level pool and patio area requiring no fencing. 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 proposed 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 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 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. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the installation of a grade-level pool and patio and a lakeside addition to the existing residence requiring approval of excessive hardcover within the 75-250' setback area, proposed at 42.5� , and an average lakeshore setback variance of 19' for the grade- level pool and patio area, subject to the following conditions : l. Approval of this variance application is based on hardcover within the 75-250' setback area being maintained at 42.5$. All improvements to remain on the property are ref lected on the survey/site plan attached to this resolution as Page 5. All existing hardcover improvements scheduled for removal shall be completed at the time of the footing inspection by the Orono Building Inspector. Page 2 of 5 ' � ' „��;� � � f� �:�� ' Cit o� ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 2795 � � "� • licant is placed on notice that property is already at 15$ structural coverage for a lot of this size, and if future proposed improvements involve adjustments to the lot coverage calculations, that such new improvements would have to be matched by equal removals of existing improvements. 3. 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 (April 23, 1991). 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of April , 199 . � ATT ST: - � ' _ . 0 othy M a1Zinyyy��City C1 k Jam s R. Grabek, Mayor . � �o � :'��'�-t.=, Property Owner(s) . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April , 1990, by James R. Grabek & 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-' ' 7HERESA L. NAAB h�' �HENNEPIN COUNTYTA Page 3 of 5 � ros 8-8-s2 �p �otnmtts��W . � ,� � , � � �� }��.� c�t o� oR,oNo � ��: � �� ; = RESOLUTION OF THE CITY COUNCIL � NO. 2795 � � �� STAT NNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � `7 � day of , 199 (� before me a Notary Public within and for id county, personally appeared �r��;t'1 �. e�S .� � � �'n l, �-�c..r � Cr.�e /�1 ; �� ,�" known to me to be the person��des ibe in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 1 E' � r �� THERE3A L. NAAB � �`-� �-�� "� ►IGTARY PUBLiC - MINNESdTA r NOTARY PUBLIC ��,� HENNEPIN COUNTY ; � M►y Commissfon expir5s 9-6-92 �- � 9� MY COMMISSION EXPIRES 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 MY COMMISSION EXPIRES Page 4 of 5 , RESOLUTION #2795 , _ � , , , . ` , �' � ' L,~� • `�� . `` '\ : �ap! c. � ' ; �� i l .1 � � _'.} '. � • � � ' �` � •'J 1 ..�. _ ` , __ �� I i ' _ "� :�k� �'4'�;4 -. -• ._. _. �- .. x . , . . � '" �_, � � �', -�� `' . ._.. �j * ' . . _ . . _ _- �. . . ..� �, -,�7 s jZ � •��Y � �r•.. . . • . . �C � � � . ' :. � .� � '•t� "^: 1 �� R 1j. �..�-{ . . _ � . . ,,. . 1 ' . _" . � a . . . . . ' . �. . . � � � , 9 �. '� �-•r f r= �r�7, •�'+ .� . < ' C .• �, : r � �•� f. '"�` • ' 1 - r ' ' . � r;-� � ' ' `� f;��i . �� . .i� ��. �� . . � ' a '' •ri:C olli , jl}il . , . . . � • :i:t „r� 1 . • ' �• '�� ' . • .. 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