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Home My WebLink AboutReso 3375 --�—+�... • � O� O :, O CITY of ORONO ��"��= RESOLUTION OF THE CITY COUNCIL ��., � � '��,,'�:�>' �" NO. :� � r�`� '� '�' Gti L9kESH�4'� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND 10.24, SUBDNISION 5 (A) FILE NO. 1892 WHEREAS, Bruce Kehring (hereinafter "the applicant") has an interest in the property located at 4415 Forest Lake Landing within the City of Orono and legally described as follows: Lots 13 through 17, inclusive, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, per Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (A), the applicant seeks approval of a height variance for a portion of a new residence that will be at three stories where the code allows only 2'/z stories and a hardcover variance within the 75-250' setback area where the new construction will result in 4,462 s.f. or 32.5% hardcover where only 3,425 s.f. or 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1892. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 55,500 s.f. or 1.27 acres. -� -'`' 3. The Orono Planning Commission reviewed this application on November 15, 1993 and recommended approval of the variances as proposed based upon the following unique findings and hardships: A. Total lot area is 55,500 s.f. where only 13,700 s.f. lies within the 75-250' setback area. Page 1 of 5 ram soos o�:�ao�, . a � � ��' CITY of ORONO O _ ::,, O ��'-'�� RESOLUTION OF THE CITY COUNCIL '� ' 1�J"�-��' D" NO. � ` ►"'� `'' '�',� ' �,-�!�_ �,� � ` � �� 9kESHog' B. A standard lakeshore lot with 55,500 s.f. in area would have yielded much higher hardcover allowances within the 75-250' setback zone. C. The property is located on a peninsula. D. The property contains unique topographical constraints. E. The house has been specifically designed to limit the need for horizontal expansion beyond building footprint to provide additional outdoor recreational space. F. Surface runoff from 25.2% of the total 32.5% of hardcover improvements will be treated within a drain�eld area and will not run directly into lake. G. A small wing of the new residence will be at a three-story height. 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 Sections 10.22, Subdivision 2 granting a hardcover variance within the 75-250' setback area of 1,037 s.f. or 7.5% and per Section 10.24, Subdivision 5 (A) grants a height variance for a small portion of the residence that will be at a three-story height instead of at 21/z stories, subject to the following conditions: Pa�e 2 of 5 Fam 5005 DisN Omn 'r � O� O ,\ Q CITY of ORONO �- ��`' = RESOLUTION OF THE CIT'Y COUNCIL � ,��f�, -- � , ._ �� c� ` f ' „�,,� � :d G,� NO. l9� s � �� kESHo4' 1. Prior to the filinQ of an application for new construction, applicant must apply for the legal combination of the five separate parcels that make up the building site. 2. Upon application for a permit, applicant will make payment for a sewer connection charge at $11,331 per 1993 fee schedule and a SAC payment of$750 based on MWCC's 1993 fee schedule. 3. The City shall require permits for the installation of the drainfield and extension of municipal sewer to residence. Applicant's consultant/contractor shall provide all design and spec information for the review of the City Engineer. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 13, 1994). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this .resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Fo,m S00$DiSkOron� �' �� CITY of O O >�, O RONO �� +a RESOLUTION OF THE CITY COUNCIL ` ,`;�: " ,. '� (��-`� �, No. 3 �' s`� .. �� :f:� ti ��,� � � �G ESH g' Adopted by the City Council of the City of Orono, Muinesota at a regular meeting held on the 13th day of December, 1993. AT EST: ,� - ., ,� . ' /�� / Dorothy M. a n, City Clerk Edward J. Callaha , Jr,, ayor C ^ Property Owner (s) ��c-e G /c��.��N � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of December, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,-, �� . ��./,�� Notary Public CAROLE A. HqSEMAN ►d�TARY PUBLK'.--MMNESOTA ; NENNEPIN COUNTY ttv CC',::t:':3;CN GXPIRES 8-2}98 Page 4 of 5 Form 5005 Disk Omn: � o� � O :,,, O CITY of ORONO . , ��`_`�� RESOLUTION OF THE CITY COUNCIL �.. ,��, +'!�f� y � NO. �e� �? s�, � � , :Q � G �9kE3H�g'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /3 t h day of 1��P,�-,/��r , 199 3 before me a Notary Public within and for said county,personally appeared_ Brur� ��F hr,n�; c known to me to be the person(s) described in and w o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN a�` ' �J '-` . "�� ✓ NOTAFiY PUBLIC—MINNESOTA NOTARY PUBLIC Y HENNEPI� COUNTY `�.,�.�` A1V CCh1'.1"'�IC`! [::�IRE$8-23-:u 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 Page 5 of 5 Fam 5005 Disl.Omr� . � RESOLUTION # �� :� � . STATE OF MINNESOTA ) ) COUNTY OF HENI•tEPZN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , i�finnesota , do hereby ce:- tify that Z nave ccmpared the foregoing copy of d resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on December 13 , 19 93 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 20th , day of _ December , 1993 . 0 othy allin , ' City Clerk ^ � ( SEAL) �.� 2565U14 ✓ • REGISTERED VOL.a�4.�.1-- PAGE��-��Y� �Op � OFFlCE OF THE REGiSTWG3i f?F T4TLES HEtNi�lEPtFf Cf3U�lTY_ Ir7l1NNgOT� CERTi�lE� F�LE� ON ,t�.�,� � ��i� i'�'i 1 r, it.P IO `�� 'J��a;, L�-...>�.a �_..,.,,,..... :,�r r�r�.� 8Y DEPU?;11 /�i�e,�-o ��a l �,�'�� s