HomeMy WebLinkAbout#4051-denying variances-1998 . .
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�� �'�' �� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION DENYING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C) AND SECTION 10.56, SUBDIVISION 16(C6),
FILE NO. #2317
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the state of Minnesota.
WHEREAS, pursuant to state statutes 412 et, seq., the City Council of the City
of Orono has adopted zoning regulations for the protection of public health, safety and general
welfare; and
WHEREAS, Khosrow Daivari (hereinafter "the applicant") is the owner of the
property located at 1082 Loma Linda Avenue within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 8, Loma Linda (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for after-the-fact variances to
Municipal Zoning Code Section 10.25, Subdivision 6(B) to permit the retention and completion
of a screen porch on the lake side of the residence that encroaches into the average lakeshore
setback and exceeds the allowable 15% structural coverage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2317. '
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring 1 acre in area. The properiy consists of 10,350 s.f. or
.24 acre.
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3. The porch encroaches 6.5' ahead of the average lakeshore setback where no
encroachment is allowed.
4. The porch increases the percentage of structural coverage on the lot to 16.4%
where 15% is allowed.
5. The Orono Planning Commission reviewed this application on February 17, 1998
and recommended denial of the proposed variances based upon the following
findings:
1. Adequate hardship has not been demonstrated by the applicant.
2. Allowing the screen porch to remain and be completed may have a
negative impact on views.
3. The porch was constructed over an existing deck. If the necessary
variances were approved, significant retrofitting of the structure would
have to take place to bring the structure into compliance with city code.
4. While not enclosed with a solid roof or windows, the porch is considered
structure.
6. The City Council finds that the conditions existing on this property are not
peculiar to it and apply generally to other property in this zoning district; that
granting the variances would merely serve as a convenience to the applicant, it
is not necessary to alleviate a demonstrable hardship or difficulty; it is not
necessary to preserve a substantial property right of the applicant; and would not
be in keeping with the spirit and intent of the Zoning Code and Comprehensive
Plan of the City.
7. 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.
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
denies after-the-fact variances to Municipal Zoning Code Section 10.03, Subdivision 14(C) and
Section 10.56, Subdivision 16(C6) to deny an average lakeshore setback variance for an existing
207 s.f. porch to encroach 6.5' forward of the average lakeshore setback where no encroachment
is allowed. Further, the City Council hereby denies an after-the-fact variance for structural
coverage of 1.4% for 16.4% structural coverage to remain where 15% is allowed.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of March, 1998.
AT'TEST:
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Linda S. Vee, City Clerk Gabriel abbour, Mayor �'-' \'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
March 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
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