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Home My WebLink About#4033-variances/CUP-1998 .,z � � O ' V O O �.b -- CITY of ORONO a � ti �� ~' RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. d �, � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(D), SECTION 10.24, SUBDIVISION 5(B) AND SECTION 10.56, SUBDIVISION 16(C2) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 10 FILE NO. #2312 WHEREAS, Claus Weiler and Renee Meerkins (hereinafter "the applicants") are the owners of the property located at 1135 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6 and Lots 20, 21, 32 and 33 and the South 14.5 feet of Lots 22 and 31 Skarp and Lindquist's Fernhill (hereinafter "the property"); and �'HEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9(D), Section 10.24, Subdivision 5(B) and Section 10.�6, Subdivision 16(C2) and a conditional use permit per Section 10.03, Subdivision 10 to permit the construction of an additional accessory structure located in front of the principal structure on a through lot and the construction of first and second level decks on the rear of the existing residence that encroach into required bluff and street setbacks. �TOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2312. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 46,755 s.f. or 1.07 acres. The platted Elmwood Avenue separates the building site from the lakeshore lot which results in a contiguous building site of 36,455 s.f. or .84 acre. Page 1 of 5 , � ►-- � � O ' Y O O - , C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH04''� NO. � � � � 3. The Orono Planning Commission reviewed this application on February 17, 1998 and recommended approval of the proposed variances based upon the following findings: 1. The platted, but unbuilt Elmwood Avenue bisects the subject property resulting in it not being considered a lakeshore lot despite having direct lake access. This situation results in the building site being considered a through lot. This necessitates the variance and conditional use permit for the proposed accessory structure, as well as the street setback variance for the construction of the decks. 2. The proposed decks on the reaz of the existing residence •are a replacement of decks that were removed approximately one year ago. The proposed decks are approximately 374 s.f. smaller than those that had previously existed. 3. Hardcover and structural coverage requirements will not be exceeded as a result of granting the variances and the conditional use permit. 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 variances would not adversely affect traff'ic 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 applicants; 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 fi�ldi�gs and recommendations of the Planning Commission, reports by City staff, comments by�the applicants and the effect of the proposed vaziance on the health, safety and welfare of the community. Page 2 of 5 � O� O O : ��.� - CITY o� ORONO � � �� '�' RESOLUTION OF THE CITY COUNCiI �9kESH�4� NO. L�t� oa .`•� 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 9(D), Section 10.24, Subdivision 5(B) and Section 10.56, Subdivision 16(C2) and a conditional use permit per Section 10.03, Subdivision 10 to allow the construction of a garage 159' from the front lot line where the principal structure is located 216' from the front lot line where no accessory structures are allowed to be loc�ted nearer to the front lot line than the principal structure and allowing construction of an accessory structure on a through lot. The construction of the first and second level decks on the:rear of the residence require a bluff setback variance of 19' to allow the decks to be located 11' from the top of the bluff where 30' is required and a street setback variance of 7' to allow the decks to be located 28' from the platted Elmwood Avenue where a 35' setback is required. 1. As a condition of approval, the 8.8' by 10' shed encroaching into the neighboring property to the north must be removed prior to the issuance of a building permit. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive 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 (February 23, 1999). 3. 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. 4. 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. Page 3 of 5 � o� 0 0 � _ �, CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL 9kESH�g' NO. �; ,- � `��' � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of February, 1998. ATTEST: , �,�2.s�� Lin a S. Vee, City Clerk Gabriel abbour, Mayo � �/ Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of February, 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. . � ;�;.. , . JAMIE L GEMAR • ��tA Not Public ` ' M1'�an�On 6�hes Jan.3t.I000 Page 4 of 5 ► � 1 � O� O O ' �, C ITY of ORONO a � '�' RESOLUTION OF THE CITY COUNCIL ��`9 g'�G NO. �-; c� . _. : kESH� � t .^ � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Su' day of�t , 199�before me a Notary Public within and for said county, personally appeaz d �� .�e��...,�.�.� ��,�.e� 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. ° `�"°��iE l.GEMAR `�'`J '';' ` �� NOTARYPt�pW(�apTA NOT PUBLIC . � He+�Ncolurnr ,�. �M�{ '�I nu�i�1M C��/w�Iw��I� �.��woW��M.c/�ynw�ia�. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this t'r day of �� , 199$before me a Notary Public within and for said county, personally appeared PNPc 9�P�./�;�4, I1 lY�[��'r� P 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. •�• CAROLE A.HASEMAN � '�'-�� ' � ��z-«L-�""��`-J �� NOTARYPUBUC-MINNESOTA NOTARY PUBLIC , �C:-•�� HENNEPIN COUNTY ; `,-:A�';• My Commission ExDires Jan.31.200� --_ � ,: ... Page 5 of 5