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Home My WebLink AboutReso 3359 ., � � �' ��' CITY of ORONO O ::,; O �-= ��_�?� RESOLUTIOIV OF THE CITY COUNCIL ►�j ' �� A+ ,� ,�' ,�=y �, N0. � � 4� � ,� '� , �� G'ti 't ��`'4�i� �Y 9kESHog � A RESOLUTIQN GRANTING V�RI�TCES TO �VIUI�'ICIPAL ZONTiVG CODE SECTION 10.22, SUBDIVISION 2 �ND SECTION 10.24, SUBDIVISION 5 (A) FII,E #2011 WHEREAS, Timothy J. Line and I.ori Line (hereinafter "the applicants") have an interest in the property located at 4415 Forest Lake Landing within the City of Orono (hereinafter "City") and leQally described as follows: Lots 13 through 17, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and V��REAS, per Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivison 5 (A) applicants seek approval of a height variance for an observation tower defuled at a legal height of 35' where 30' is allowed and a hardcover variance within the 7�-250' setback area where the new construction will result in 5,628 s.f. or 29.2% where only 4,803 s.f. or 25% is allowed. NaW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2011. 2, The property is located in the LR-1B, Sinale Family Lakeshore Resident�al Zoninj District requiring 1 acre in area. The property consists of 62,660 s.f. or 1.4 acres. 3. The Orono Plannin� Co 1 olf the variances a proposeld based upon the follow9ng and recommended approva unique findings and hardships: Pa�e 1 of 5 ,_„ � . �' ��' CITY of ORONO O :, O , `��='.��"-> I RESOLUTION OF THE CI'TY COUNCIL � ' ��`� ' � �' No. � � 5 �' � �� ti '�,� �� b� � ��',� �� 9kESH0g'� , A. Total lot area is 62,660 s.f. but only 19,210 s.f. lies within the 75-250' setback area. B. A standard lakeshore lot with 62,660 s.f. in area would have yielded much higher hardcover allowances within the 75-250' setback zone. C. The properry is located on a pensinsula. D. The property contains unique topographic constraints. E. The house has been designed to limit horizontal expansion utilizin' the building footprint to provide additional outdoor recreational space. F. Surface runoff from 20%+ of the total 29.2% of hardcover unprovements will be treated within a drainfield area and will not run directly into lake. G. The major portions of the roof structure will meet the allowed 30' legal height. A small obervation tower located within the central portion of the building will be at a 35' height. H. The majority of the structure will be located beneath the tree line of the property. 4. The City Council finds that the conditions existin� on this property are peculiar to it and do not apply aenerally to other property in this zoning district; that grantin� the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danaer 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 keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the Ciry. 5. The Ciry Council has considered this application including the findings and recommendations of the Plannin� 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. Page 2 of 5 6ors SLqS Disk Orom . , • �' ��' CITY of ORONO o : o ��"�_�=> RESOLUTION OF THE CIT'Y COUNCIL '� `��'J;�� , N0. � � � � '�n ' � � .c`� ti, �'�9, �;1�� g�G kE3H� CONCLUSIONS, ORDER A�\'D COI�'DITIONS Based upon one or more of the above findings, the Orono City Council hereby arants variances to Municipal Zonina Code Section 10.22, Subdivisions 2 granting a hardcover variance within the 75-250' setback area of 825 s.f. or 4.29% and per Section 1Q.24, Subdivision 5 (A) granu a height variance for an observation tower that will be 35' in height subject to the following conditions: 1. Prior to filin� an application for new construction, applicants must apply for the legal combination of the five separate parcels that make up the building site. 2. Upon application for a building permit, applicants will make payment for a sewer connection charge at �11,744.50 per the 1995 fee schedule and a Sewer Availability Charge of $850.00 based on the MWCC's 1995 fee schedule. 3. The City shall require permits for the installation of the drainfield and extension of municipal sewer to residence. Applicants' consultanUcontractor shall provide engineering plans with appropriate design and spec information for the review of the City En�ineer. 4. Upon the issuance of a certificate of occupancy for t�le completion of the residence structure, applicants may apply for a permit to install a residential dock. Applicants shall install dock at the eastern shoreline so as not to encroach wetlands at the southern shoreline. 5. 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 (May 8, 1996). 6. 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. Page 3 of 5 � ��, ��, �' o�' CITY of ORONO O :, O� ,:_ �`.`:��-> RESOLUTION OF THE CITY COLTNCIL ' '�✓. � �. .'�+ �+, .. `'� ��' � �y NO. 3 �� 9 "� ' � � ; ,.. '�'.� �; \ 5�1��G 9kESKo4 �, 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 recordin� of this resolution in the chain of title of the property. Adopted by the Orono Ciry Council on this 8th day of May, 1995. A TEST: . ;� � -, G� �,� , ; ��v�.,-rG' �� '�� r..� � ' Ma or � Dorothy M. lin, Ciry Clerk Edward J. Callahan, Jr., y v _ � < < C� ��.��' ' �2 Applicants � _ , ' ' �� y�.�---__ �_ � � / / l�'��Q Pro erty Owner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acl:nowledaed before me on this 8th day of May, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cit��. /ZL -��`�`=�- �� " No Public � °"" JAMIE L.BOSMA � � . N07ARY PUBLIC-MINNESOTA s��' HENNEPIN COUNTY My Commission Expires,1an.31,Zpop Paae 4 of 5 � Fam�5005 DiLi Ororo „� ... � �`� CITY of ORONO O_ ��,, . O � �l`”� II RESOLUTION OF THE CITY COUNCIL � �� ">' � N0. e� 2r� � � ��'��;,.i ,��r,Gti 9kEs8og' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a^�_�r� _day of�'��-,,c�,��h€2, , 199 a , before me a Notary Public withinand foi•said Couiitv,personally appeare �� ° . y �-� � � � -� � u«� known to me to be the person(s) described in and who � �¢uted the fore�oing instrument, and ac!cnowledged that he (�liey� executed the same as his (their) free act and deed. � "•• JAMIE L.BOSMA � NOTARY PUBUC-MINNESOTA (�y<<,� ,�.�y�t..l� �� HENNEPIN COUNTY • `-�•�'� My Commission Expires Jan.31,2000 I�10[3I� blic .<. ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Qn this clay of , 199 , before me a Notary Public within and for said County,personally appeared known to me to be t1�E person(s) described in and who executed the foregoina instrument, and acknowledged that he ([hey) executed the same as his (their) free act and deed. Notary 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 foregoin� instrument, and acknowledged that he (they; executed the same as his (their) free act and deed. Notary Public Paae 5 of 5 Form 5005 Disk Orc-