HomeMy WebLinkAbout#2951-variance-1991 � ' �. �
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�kESI30g'� NO. 2 9 51 ,, �
A RESOLDTION GRANTING f
A VARIANCS TO
MIINICIPAI. ZONING CODE
SECTION 10.22, SIIBDIVISION 1 (B)
FILE #1628
WHEREAS, Sara J. S. Finney and I�iark A. Finney (hereinafter
" "the applicants") are owners of the property located at 4195 Highwood
Road within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 26, 27, and 28, Highwood Lake Minnetonka, Hennepin County,
biinnesota (hereinafter "the property"); and
WH$REAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to
permit construction of a major addition, replacement of complete
foundation beneath the existing residential structure and possible
replacemnt of deck and 3-season porch, portions of which are located
in front of the average lakeshore setback line.
NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono,
Minnesota:
FINDINGS .
1. This application was reviewe� as Zoning File #I628.
2. The property is located in the LR-1B Zoning District
requiring 43,560 s.f. or 1 acre in area. The property consists
of 38,550 s.f. or .88 acres.
3. The Orono Planning Commission reviewed this application on
March 18, 1991 and March 20, 1991 and recommended approva 1 of the
proposed variances based upon the following findings and
hardships:
a) The shape of shoreline as property is located on a
point.
b) Steep topography along west side limits any view impact
upon lakeview windows of residence on adjacent
property.
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�k'ES�HOg' NO. 2 9 51 w �
c) Mature plantings that exist on adjacent�western lot and
subject property provides natural screening.
d) The house was placed on the property prior to Iakeshore
regulations and that all other setback and hardcover
standards are met by the proposed improvements.
' 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 staf f, comments by the app 1 icant and the ef f ect
of the proposed variance on the health, safety and welfare of the
community.
CONCLDSIONS, ORDBR AND CONDITIOPS
Based upon one or more of the above hardships and findings,
the Orono City Council hereby grants a variance �o Municipal Zoning
Code Section 10.22, Subdivision 1 (B) to permit construction of a 20'
x 60' addition, replacement of the foundation under the existing
residence structure and possible replacement of lakeside deck and
3-season porch, portions of which encroach the average lakeshore
setback line. Approval is subject to the fol lowing conditions:
1. Applicants shall remove 144 s.f. of plastic underliner
beneath planter boxes within lakeshore access structure. Plastic
under liner sha 11 be removed prior to the Bui Iding Inspector's
inspection of the fovtings for new construction.
2. Applicants are hereby placed on notice that deck and access
stair structure within the 75' lakeshore protected area is
nonconforming and subject to all pertinent standards of the Code.
Any plans to make structural repairs to this structu•re will
require approval of the City of Orono.
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3. Applicant is further advised that a condit�i.onal use permit
is required if a non-rental apartment is to be installed within
the basement level of residence. This apartment may never be for
renta 1 use.
4. Authorities granted by this variance 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 Counci 1 approva 1, or this variance wi 11 expire on
that date (April 8, I992).
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 terins 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 titZe of their
property.
Adopted by the Orono City Council on this 8th day of April,
199 .
ATT T:
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�. ��' '�'�--�� , �� C:�'�,L�;�J._
orothy M. Zlin, ity Clerk Barbara A. Peterson, Mayor
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P perty ne (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
8th day of April, 1991, by Barbara A. Peterson & Dorothy M. Aallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
LINDA S. VEE
NOTARY PUBUC- MINNE30TA
HENNEPIN COUNTY � /J
My commisslon explros&12 6A ✓��� ,/` ��n .
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� :µ � - Ij CITY of ORONO
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�kESIiO� NO. 2 9 51 y �;
STATE NNESOTA )
) ss.
COIINTY OF HENNEPIN ) �
On this l /� day of �p/'�- � _ , 199�
before me a Notary Public within and 'for said county, personally
appeared Sa�a T, .5. �'nn�e�t �.nd /►')c��K_R. F-'nn��,rnG�r,`e�own to me to be
the person(s) describ d 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 PUBUC- MINNESOTA ��¢/ � !/ �-�
HENNEPIN COUNTY
�uty comm�ss�on exp�ros s.t2�0 NOT Y PUBLIC
STATE OF MINNESOTA )
)ss.
COIINTY 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 -
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
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