HomeMy WebLinkAbout#4257-amendment to variance-1999 r - ,
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� G'� RESOLUTION OF THE CITY COUNCIL
��kESH�4�' NO. � � �3 '�
A RESOLUTION GRANTING AN AMENDMENT TO
A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6,
SECTION 10.22, SUBDIVISIONS 1 (B) Al�'D 2 AND
SECTION 10.56, SUBDIVISION 16 (C-6)
FILE NO. 2227
WHEREAS, Gary Tucker (hereinafter "the applicant") is the owner of the
property located at 3466 Ivy Place within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot l, Spring Park, including that part of vacated Lake Shore
Avenue lying between the extensions of the north and south lines
of said Lot 10 (hereinafter "the property"); and
`VHEREAS, the applicant was approved for variances (Resolution No. 3891) to
Municipal Zoning Code Section 10.25, Subdivision 6; Section 10.22, Subdivisions 1 (B) and
2; and Section 10.56, Subdivision 16 (C-6) to pernut a side yard setback encroaching along
the north property line 8.2' resulting in a side yard setback of 1.8' and to increase hardcover
in the 75-250' setback area to 3,637 s.f. (34.3%) where 3,420 s.f. (32.26%) exists and 2,680
s.f. (25%) is allowed.
WHEREAS, the applicant has applied to the City for an amendment to a
previously granted variance to permit a change to the roof line.
l�'OW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
�. This application was reviewed as an amendment to Zoning File #2227.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District where one-half acre in area is required. The property is
sewered.
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3. The Orono Planning Commission reviewed this amendment on March 15, 1999
and recommended approval of the proposed amendment based upon the
following unique findings and hardships:
A. The proposed roof line change would raise the roof line.
B. The concrete front stoop is located over a basement.
C. The subject property does not currently meet the lot area requirements.
D. The revised plan would not increase hardcover or structural coverage on
the lot.
E. The approved site plan would not be altered by the changes proposed by
the applicant. .
F. The change to the roof design is to alleviate future problems with ice
dams.
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. .
6. The plan meets the intent of the approvals granted in 1997, per Resolution No.
3891.
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CONCLUSIONS, ORDER AND CONDTTIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants an amendment to the side yard setback variance per Municipal Zoning Code Section
10.25, Subdivision 6 to permit construction of a front entry .stoop over an existing concrete
slab; per Section 10.56, Subdivision 16 (c) an average lakeshore setback variance to allow a
deck to encroach 20' into the average lakeshore setback; and per Section 10.22, Subdivision
. 2, to allow a hardcover variance in the 75-250' setback azea to increase hardcover from 3,420
sq. ft. (32.26%) to 3,637 sq. �. (34.3%) where 2,680 sq. ft. or 25% is allowed, subject to the
following conditions:
1. Authorities granted by this variance run with the property not with the applicant,
but are pernussive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this amendment will
expire on that date (March 22, 2000).
2. Violation of or non-compliance with any of the terms and conditions of this
variance amendment shall constitute a violation of the zoning code, shall
automatically terminate any authority granted herein, and shall be punishable as
a misdemeanor.
3. 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.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 22nd day of March, 1999.
ATTEST:
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Carole A. Haseman, Deputy City Clerk Gabrie abbour, Mayo
Property O er (s)
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�� �,'� RESOWTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
March, 1999 by Gabriel 7abbow and Carole A. Haseman, Mayor and Deputy City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
�'..��._ • MARY ANN JOHNSON
� . NOTARY PUBLIC-MINNESOTA
'.,....•` My Cortrrdssion Expire�s Jan.31,2C00 1�
- - -.�,�.._..�..��..�' Not Pu c
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a��e�day of fl--/�C�F 199`� before me a Notary Public within
and for said county, personally appeared ' q� Tu c K a r n /r!h'-�e Tu c�e,� n'IaR,P�e�
k n o v m t o m e t o be the person(s) described in d who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
..
� MARYANNJOHNSON G��
a!-�e,- ; NOTARYPUBUC-MINNESOTA
•,,,..•^ (uh►Corrunissian Expires Jan.31,2000
°-��-- _ _.__ .._. Notary P lic
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeared
lrnown 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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