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Home My WebLink About#3975-variances/CUP-1997 �. �. ,,� �� ,/o 0 �i � ��e _- C ITY of ORONO ��\� � � �,~' RESOLUTION OF THE CITY COUNCIL ' t9kESH�4� NO. e� � "7 t5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBD. 2 AND SECTION 10.24, SUBD. 5(B) AND GRANTING A CONDITIONAL USE PERMIT TO MLJNICIPAL CODE SECTION 10.03, SUBDIVISION 21(3), FILE NO. 2288 WHEREAS, Jason Theis (hereinafter "the applicant") is the owner of the property located at 4108 Highwood Road w-ithin the City of Orono (hereinafter "the City") and legally described as follows: See E�chibit A for legal description (hereinafter "the property"); and `VHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 2 and Section 10.24, Subd. 5(B) to allow a hardcover variance of 2�% to allow hardcover to increase to 50%, or 679 in the 75' to 250' lakeshore setback where 25% is allowed and 34% is existing and a front setback variance of 5' to allow the addition to be located 30' from the front lot line where 35' is required and 12' is existing to permit the construction of an attached 697 s.f. tuck under garage with living space above and a new driveway as shown on Exhibit B. The applicant has also applied for a conditional use permit to Section 10.03, Subdivision 21(3), to allow grading of land within 5' of the north�vest side property line to construct a driveway. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie�ved as Zoning File #2288. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 13,437 s.f. or .31 acres. Pa�e 1 of 6 � �. ! � O� O O �e - CITY of ORONO � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL ' ��kESHOg'� NO. e� � � �+ 3. The Orono Planning Commission reviewed this application on September 15, 1997 and recommended approval of the proposed variances based upon the following findings: 1. The zoning lot does not meet lot area or width requirements. 2. The front setback variance will not further encroach on the street as the existing residence is located 12' from the front lot line. 3. Grading within 5' from the northwest side lot line will not adversely affect drainage patterns. 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 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 Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5(B) and a conditional use permit to Section 10.03, Subdivision 21(3) to permit construction of a 697 s.f. tuck under garage addition with living space above to the existing residence and new driveway. A hardcover variance of 25% is required to allow 50% in the 75' to 250' lakeshore setback where 25% is allowed and 34% is existing and a front setback variance of 5' to allow the addition to be located 30' from the front lot line where 35' is Page 2 of 6 a -� � O� O O �b - CITY of ORONO �� ti �� G'�' RESOLUTION OF THE CITY COUNCIL . ' t9kESH��'� NO. �� ' �- required and 12' is existing as shown on E�chibit A. A conditional use permit is required to allow grading to take place within 5' of the northwest side lot line for the construction of the proposed driveway. Approval was subject to the following conditions: l. The applicant must provide a legal document acknowledging the driveway easement prior to issuance of a building permit as shown on Exhibit B. 2. The grade of the proposed driveway must not exceed an average of 8.2% as shown on Exhibit B. 3. The side setback requirement of 10' for the proposed addition must be met for both lot lines. 4. 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 (October 13, 1998). 5. 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. 6. 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of October, 1997. AT ST: �`�A, . �� Dorothy M allin, City Clerk Gabri Jabbour, Mayor - }�erty Owner (s) Page 3 of 6 � ` � O ' Y O O -e - CITY of ORONO � � ti �� ,~' RESOLUTION OF THE CITY COUNCIL ' �9kESH04'� NO. � � "� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota munici al co oration and said in trument was e ecuted on behalf of the City. ,,,�., LINDAS.VEE � // NOTARY PUBUGMINNESOtA C� - v�_ '.=`-�.�-,: HENNEPIN COUNTY �� •-�.••° My Commfssion Expires J2n.31,2oco Notary Public STATE OF M - ) ss. COUNTY OF HENNEPIN ) f / On this,'`��5 day of C��ij�/ , 199 7 before me a Notary Public within and for said county, personally appeared �'�,So:� /{�. `�'`7�,'S S.�r�9�P 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. ;' LINDA S.VEE �� NOTARY PUBLIC-�dINNESOTA ' ♦e•~�� HENNEPIN COUNTY NO ARY PUBLIC STATE issio Ezpires Jan.31,2000 ) 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 4 of 6 . . � L� ��7i� � �39 '75 I hereby certify .that I have prepared this survey of: � � That part of Lots 40 and 41 , HIGHWOOD L�KE MINNETONKA, �i Hennepin Co . , Minnesota, described as follows : \ Beginning at the ne cor.of said Lot 40 ; thence � sW' ly along the se ' ly line thereof 151 ft ; thence / deflect right 15° 10 ' 00" a dist . of 27 ft; thence �.. a s s ' ly 12 feet to a point on said se ' ly line , disJt„�i87 ' -c� Z sw' ly, a� measured along se ' ly line therz�rom said ne c � � � z thence sw ly along said se ly line ,t4 a point 16 . 7 ft ne' ly � from the sw cor of Lot 41 ; thence s' ly 12 ft . to a point on s �, thet"s' 1 line of said Lot 41 dist . 11 . 4 ft, ne ' ly from the sw•� �� y � � cor. thereof; thence sw' ly along the south' ly line of Lots 41 p.� o. = and 40 to� a point 12 ft . ne ' ly as meas . along said s ' ly line from the ' sw�cor thereof ; thence nw' ly to � a point on the nw' ly line of --, . �� Lv�C 40 , �dist . 22 f t . ne ' ly f rom said sw cor. thereof ; thence ne ' ly / to the nw� cor. of said Lot 40 ; the,�ce se ' ly to the point of begi�l ing. 2 P�eas � � r b� G �y �' �X�s,� � �� r�' . 39 � , ,, (��• h's�. �\ ,, �5t. � Zo �5 . 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