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Home My WebLink About#3442-variances-1994 . � . _ � �' ��' CITY of ORONO 0 ,::,_ O ��.�:�4��=> RESOLUTION OF THE CITY COLJNCIL � ' �'� ' '�" � `c� 4 �' i �� :�� , l�O. 4 ` � ti '�,�'L ,`, 6 G �9�� 1`��D�g,�' ESH A RESOLUTION GRANTING VARIA�1'CES TO MUNICIPAL ZOi�TING CODE SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 2, SECTION 10.2�, SUBDIVISION 6 (B) AND SECTION 10.�6, SUBDIVISION 16 (C) (2) FILE NO. 1915 `i�REAS, George Applebaum (hereinafter "the applicant") is the owner of the property located at 4109 Highwood Road within the City of Orono (hereinafter "the City") and leffally described as follows: Lots 17 and 18, Highwood Lake Minnetonlca, Hennepin County, Minnesota (hereinafter "the property"); and `��HEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to permit structural improvements that will result in 2,662 s.f. or 16.6% of structural coveraQe where only 1�% is allowed; per Section 10.25, Subdivision 6 (B) seeks approval of side and street setback variances for a second story addition to be located 16' from the street lot line where a 35' setback is required and a garaQe addition that would be located 9' from street lot line where a 35' setback is required and where a 3.5' setback exists and located 7�/z' from the side lot line where a 10' setback is required and where a 3' setback exists; per Section 10.22, Subdivision 2 seeks approval of hardcover variances within the 75-250' setback area where 3,423 s.f. or 41.5% exists and where 3,557 s.f. or 43.1% is proposed and where 25% is allowed; and per Section 10.56, Subdivision 16 (C) (2) seeks approval of setback variances from the defined top of the bluff requiring a 30' setback where the QaraQe is proposed at 20'; a cantilevered second story at 8', grade level addition at lakeside is 12' and a lakeside deck at 6'h'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File �1915. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 15,965 s.f. or .36 acres. Page 1 of 6 � r��«�,- . , �' ��' CITY of ORONO O :,� O �-��;��=> ,_ RESOLUTION OF TI� CITY COUNCIL i ��, � � ,��' s,�� ti No. 3 � 4� � ' ��'��,, �� - �� 9kESKog'� 3. The Orono PlanninQ Commission reviewed this application on April 18, 1994 and May 16, 1994 and recommended approval of the variances as amended based upon the following unique findinas and hardships: A. The 15,965 s.f. or .36 acre property is subject to standards for a one acre zonin� district. B. The propem has severe topoaraphic limitations that consist of a bluff area requirin� more additional restrictive setback standards. C. The existing residence has existed on the property for over 40 years prior to the development of current shoreland manatrement standards. D, More gentle sloped areas to the rear or north of the property have resulted in structures bein� placed at a substandard setback from the street but this has been found to be consistent with the pattern of development for all residential construction alona Hiahwood Road. E. The proposed improvements will not encroach the average lakeshore setback line creatin� visual impact for existing residences on adjacent properties. F. Hardcover within the 0-75' setback area will be reduced by 1,371 s.f. or 17.7%o. 2,510 s.f. or 32% hardcover exists on the property and 1,139 s.f. or 14.7% is proposed. G. The existina detached garage is located 3' from the side and street lot lines. The proposed garage addition will be located 9' from the street lot line and 7'/z' from the side lot line. H. The proposed improvements will not result in the alteration of the bluff at the lakeside of the residence. I. The existin� plantings and vegetation on this properry will provide for adequate screening for the expansion of structure closer to the top of bluff. Page 2 of 6 Fo�saos o�sw o� . _ � � �1� CITY of ORONO � _��'��,„ � �tESOLUTION OF THE CITY COUPICIL ��.��.� � p e`� � 4 � � �� p,, N ' `� ,�� ,};�--�' F, � � . 6 ,� ti �'�`1��; � �,��,�� `9kE3II0¢ 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. 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 Section 10.03, Subdivision 14 (C), Section 10.22, Subdivision 2, Section 10.25, Subdivision 6 (B) and Section 10.56, Subdivision 16 (C) (2) to permit the construction of a garage addition, a second story, and grade level addition involving the conversion of an 18' x 18.9' deck, 6.8' x 18' addition at the southeast corner of residence and an approximate 10' x 18' lakeside deck as shown on the site plan included as Page 6 of this resolution, subject to the following conditions: 1. All land alterations resulting from the proposed new construction shall be subject to standards set forth in Section 10.56, Subdivision 6 (B) governing erosion control, preserving existing vegetation for the screening of structures and other facilities as viewed from the surface of Lake Minnetonka. 2. Applicant shall complete all existing hardcover improvements as shown on Page 6 of this resolution prior to the footing inspection by the Orono Building Department. Hardcover within the 0-75' setback area shall be maintained at 1,2139 s.f. or 14.7% and within the 75-250' setback area at 3,557 s.f. or 43.1%o. 3. Authorities granted by this resolution run with the property not with the applicant, but are pertnissive 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 (June 27, 1995). Page 3 of 6 Porm. . . � ��' CITY of ORONO O ,,� O ��``�'=� ,� RESOLLITION OF THE CITY COLTNCIL � ' ��,,� ' •�+ �1°� }.'�� ti NO. 3 4 � � �� : ��6�� ti ' �G t`�kEsBog' 4. 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. 5. The undersiQned applicant has read, understood and hereby aQrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby aarees 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 reb lar meeting held on the 27th day of June, 1994. A EST: othy . H llin, City Clerk Edward J. Ca la n, Jr., Mayor SS �roperty Own r (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of June, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and Ciry Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. <-:_:--, �:•�o�E a HnsEn�►N � �� -�'�n �. �:;:.-., ..�,_�:�'""'"+�� Notary Public �,r H�`r,_r�;� .,��`NN�-� MY CCM1dIS�IC`J C::PiF..' �' Page 4 of 6 Form 5005 Disk Omn: � � ^'� �' ��' CITY of ORONO O ,:, O ��:: �':�.��=> RESOLUTI01�1 OF THE CIT`Y COLTNCIL � '��'�� 3 4 4 � �� 5�'�� '' NO. � � , ti � ; �� Gti' � �9kE3H��`'�Y STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �"�M day of , 199`f� before me a Notary Public within and for said counry,personally appeared , Q�� ' ` known to me to be the person(s) described in an who x cuted the foreQoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN � / �H N PIN CAOUNTMTA rn�'" � '�'''�0"''"'�10H F"P'"E"�� NO ARY 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 foregoing instrument,and acknowledaed that he (they) 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 foregoing instniment,and acknowled�ed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 �,m ,�5�..F�... I l. � >Ca�E ,i- . -�'_ o - ilrou i:ci�uiaEr�i ' -I-;`�„ �.C-=.O�c.�_��_�{x�L'L__ bErJ��nG: c.iiE oi! aN - -- "-'"--- I`.Ulf l li SURVCY I fIG. 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