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Home My WebLink About#3453-variances-1994 ' �' ��' CITY of ORONO /o ,. o �3�;:.�:.T� RESOLUTION OF THE CITY COUNCIL ' �� ,�1�f��"� �, No. � 4 5 3 . b�,� '�, � �, �,, \ � �9kES�I�g'� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1943 WHEREAS, Samuel S. Marfield and Joyce Marf'ield (hereinafter "the applicants") are owners of the property located at 2455 Scotch Pine Lane within the City of Orono (hereinafter "City") and leaally described as follows: Lot 1, Block 1, Dicon Addition, Hennepin County, Minnesota (hereinafter "the property"); and W�REAS, the applicants have applied to the Ciry for a variance to Municipal Zonina Code Section 10.22> Subdivision 2 and Section 10.23, Subdivision 6 (B) to permit construction of a 5.67'x8.17' two story elevator addition with observation deck at roof line which will require a hardcover variance proposed at 7,607.32 s.f. or 29.8% where 7,561 s.f. or 29.6% exists and ZS% is allowed and a side setback variance to the east lot line proposed at 21' where a 30' setback is required and where the residence structure exists at 10.34' from the east side lot line. ?�'O`�', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1943. 2. The property is located in the LR-lA Zoning District requiring 2 acres in area. The property consists of 1+ acres. 3. The Orono Planning Commission reviewed this application on July 18, 1994, and recommended approval of the variances as proposed based upon the following unique findings and hardships: PaQe 1 of 4 form 5005 L�Ic-� �' ��' CITY of ORONO O :: O '\ RESOLUTION OF THE CITY COIJNCIL ��.>��m� � ' �� No. 3 4 5 3 � �� , ��G kESH�¢ A. The Dicon Addition was approved in 1974 and at the time the property was zoned at one acre minimum lot area. The property is now subject to 2 acre area and setback standards. B. The addition will encroach no closer to the east side lot line than the existing structure. • C. In 1979 the City approved hardcover variances within the 75-250' setback area at approximately 29.7%. D. The dense vegetation that surrounds the residerice will minimize any visual impact of the structure upon adjacent residential properties. E. The applicants have received approval letters from the immediately adjacent property owners, to west at 246� North Shore Drive and to east at 2425 Scotch Pine Lane. 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 neighborin� 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 riQht of the applicants; and would be in keeping with the spirit and intent of the ZoninQ Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findinas and recommendations of the Planning Commission, reports by Ciry staff, conunents by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER A1vD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.23, Subdivision 6 (B) to permit construction of a two story elevator addition to the east side of the Page 2 of 4 Fam 5005 C � o � �' CITY of ORONO O :�. O �:��.-� RESOLUTION OF THE CITY COUNCIL �=�� '�''�� ti NO. �_�� t��9�; � O¢�G E3H existing residence approving a 46.32 s.f. or .015% hardcover increase in the 75-250' setback area maintaining total hardcover at 7,607.32 s.f. or 29.8% and a side setback variance of 9' or 30% subject to the following conditions: l. Authorities granted by this resolution 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 (July 25, 1995). 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. 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 25th day of July, 1994. AT T: . � Dorothy M. alli , City Clerk Edward J. Call an, r., Mayor e Owner(s) Page 3 of 4 Fam 5005 Dis4 Oronc . • � � � ��' CITY of ORONO O :� O . �:��, � RESOLUTION OF THE CITY COUNCIL a ,��.��. � No. 3 4 5 3 � b, ti ��9�E. Og�G 3II STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of 7uly, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & Ciry Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. cnao� a w►sE�nnN � A �T�py p�g�K'�AAMINESOTA � HENNEPIN COUNTY �'%�`'� ' � ' ' 7-�—��'�'�`J - � MV CANWI4,SION EXPIRES&2�9ti Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a S%h da of J[,�1 , 199�, before me a Notary Public Y within and for said County,personally ppeared �o V Ce IYI a�-��e I c�� mQ r r��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. , LINDA S. VEE _ `/ �� No HENNEPIN COUNTY TA � U : My commisslon expires e-12-68 NOLa Pi1bi1C STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this��fy day of T , 199� , before me a Notary Public within and for said County,personally ar eared _,;�,r;�z �.� �'e '��'''� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (the}�) executed the same as his (their) free act and deed. (�� '. .��:�-, CAROLE 0. HASEMAN Notary Public IDTARY PUBUC�AO�IESOTA HENNEPIN COUNTY . - 61Y COAAMISSION pCPIRE9 627�80 Page 4 of 4 Fam 5005 Dis�