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Home My WebLink About#4127-variances-1998 , o.�,. � 0 0 , C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��'9 4��'� NO. 4 � � � . kESI;� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; AND SECTION 10.56, SUBDIVISION 16 (C-2) FILE #2368 WHEREAS, Kirk Otteson and Susan Otteson (hereinafter "the applicants") are o«ners of the property located at 710 North Arm Drive within the City of Orono (hereinafter "City"j and legally described as follows: . That part of Lot 3, Auditor's Subdivision Number 362, Hennepin County, Minnesota lying Southerly of a straight line drawn through 2 points extending Northeasterly to the water line, 1 point being in the Southwesterly line of said Lot 3, 40 feet Southerly along said line from the most Westerly corner of said Lot, the other point bein� 50 feet distant at right angles Southeasterly from the Northwesterly line of said Lot, measured from a point in the Northwesterly line of said Lot distant 172.6 feet Northeasterly measured along said line from the most Westerly corner of said Lot, according to the recorded plat thereof, and situate in Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 18, June 15, and June 20, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (C-2) to permit an addition to the existing residence to allow a second floor where the e�sting residence is located within the required 30' top of bluff setback and encroaches into the average lakeshore setback where 3,100 sq. ft. (24.15%) of hardcover exists in the 75-250' setback where 3,566 sq. ft. (27.69%) is proposed and 3,219 sq. ft. (25%) is allowed. Page 1 of 5 r . % /� ��' 0 0 �, CITY of ORONO � � � '� RESOLUTION OF THE CITY COUNCIL �t�kES�I��'�G NO. 4 �. � `� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2368. 2. The property is located in the LR-1B Zoni.ng District where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .46 acres or 19,945 sq.ft. 3. The Planning Commission reviewed this application on July 20, 1998 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The subject property does not meet lot area, lot width, bluff setback or average lakeshore setback. B. The residence was built before 1956 and has a 905 sq. ft. footprint. C. The topography of the lot changes grade by 25 ft. from shore to the street. A ravine is located along the east property line. � D. The adjacent residence to the west encroaches on the required 10' side yard setback. E. The adjacent property has a garage that is located 1.5 ft. from the side property line. The topography and sight lines to the street require that the property owners retain a driveway pad to enable turning around in the driveway to have visibility to e�cit safely from the property. F. The proposed addition meets height and structural coverage limitations and will not inhibit views from adjacent properties. G. The proposed addition will not further encroach on the bluff or ravine. � Page 2 of 5 . , r i 7 O� . O O � C ITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL '�t9kE Kp4'�G NO. � �- � �� S 5. The City Council finds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect tr�c 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 applicant; and would be in keeping w�ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Plaruiing 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 10.24, Subdivision 5 (B); Section 10.22, Subdi�risions 1 and 2; and Section 10.56, Subdivision 16 (C-2) to pernut a second story addition and improvements as submitted in the survey dated April 7, 1998 and revised July 7, 1998 by Westwood Engineering. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, but are pernussive only and must be exercised by application for a building pernut within one year of the date of Council approval, or this variance will expire on that date (July 27, 1999). 2. 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. Page 3 of 5 1 . • � O� ' O O , CITY of URONO � � ti ti RESOtUTION OF THE CITY COUNCIL ��9kESH�4�'G N0. 4 � �� 3. 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 Orono City Council on this 27th day of July, 1998. ATTEST: ; � U Linda S. yee, City Clerk Gabri Jabbour, Mayo � ��/��' -�,�-�—_ C�..�2r�. ��`�n _ Property Owner(s) STATE OF NIINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ��J� � i � ) CAROLE A HASEMAN Notary Public �''��• NOTARYPUBUC-MINNESOTA �° 't�"��,: HENNEPIN COUNTY `'e::;�. �` -�• My Commisslon Expi�es Jan.31,2000 Page 4 of 5 � i O � � ' O O � C ITY of ORONO �. � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9xESH�g� NO. 4 �. � "r � STATE OF MINNESOTA ) ) ss. COUI�1TY OF HENNEPIN ) On this S� day of , 199�, before me a Notary Public within and for said County,personally appeared_�� ? ��i.-r�,� ,�,,� ,�,�,,,,��./' . 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. .�•.;.... - ... ,,,,�: •• JAMIE L GEMAR �. • ' , :�"' � NOTARY PUBUC-MINNESOTA y; ti1u-�-- " � • • FI@INEPIN COUNTY "' NOtaly i1C . � . �,�y�pmn�ssioo b�ires Jan.31,2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) v.�-. On this S day of t�" , 199�, before me a Notary Public within and for said County,personally appeared ,.� ,.., �� ,c,c� rY'iC�c,.�x� known to me to be the person(s) described in and who executed tlie foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' " �f'�c.� %� �—�l�I�'� KACIE I�.FREtVl_EL ��_��TR Notary Public Al�r G1o�nrt�kcion Exmrec Jan.91.2a�G � Y � Page 5 of 5