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Home My WebLink About#3740-variances-1996 .M1 � - .' • � O� O O CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��kE Spg'�G NO. � '�' '� � s A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A & B) AND 2 FILE NO. 2142 WHEREAS, Kirtland C. Woodhouse and Angela Woodhouse (hereinafter "the �applicants") are owners of the property located at 2625 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A & B) and Subdivision 2 to permit construction of a 6' x 18' two story addition with a single story entry addition to be located 42' from the shoreline and a single story bay addition at the lakeside of the residence to be located 39.6' from the shoreline where a 75' setback is required, the west addition will encroach 21' to the lakeside of the average lakeshore setback line and the bay addition will encroach 23' where the Code would allow no encroachment, and a hardcover variance within the 0-75' setback area for new hardcover improvements resulting in 3,983.3 s.f. or 20.1% total hardcover where 4,010 s.f. or 20.25% exists and where none is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2142. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District requiring two acres in area. The property consists of 92,060 s.f or 2.11 acres. 3. The Orono Planning Commission reviewed this application on June 17, 1996 and recommended unanimous approval of the variances as proposed based upon the following unique findings and hazdships: Page 1 of 5 � o� 0 0 CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL � G ��k'EsII�g'� NO. _,a� � �- A. The entire house is located within the 0-75' setback area. B. The proposed improvements will result in a hardcover reduction of 26.7 s.f. or O.lU%. C. The house is located within the mid-point of a 280+' width property, the . � proposed improvements will have no impact on the lake views of the adjacent residences. D. The location of mature vegetation and the topography also minimizes the impact of the proposed improvement on the lake views of the adjacent residences. E. Major portions of the new improvements will be located over existing hardcovez improvements. F. Total hardcover on the 2.11 acres property is 14,347.9 s.f. or 15.5% and is proposed at 14,321.2 s.f. or 15.5%. G. The City has received no negative comments from the adjacent property owners. 4. The City Council fmds that the conditions existing on this property are peculiaz to it and do not apply generally to other property in this zoning district; that granting the variances 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 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 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. Page 2 of 5 � °� 0 0 CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��kESTrI04�'G NO. e3 "7 Q. � 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 10.22, Subdivisions 1 (A & B) and 2 to pernut the construction of a two story addition that i::cludes a single story entry addition and a single story bay addition and grants a lakeshore setback variance of 35.4' or 47.2%, an .average lakeshore setback variance of 23' for the lakeside bay addition and 21' for the two story addition, and hardcover variance of 3,983.3 s.f. or 20.1% within the 0-75' setback area. Approval is subject to the following conditions: _ 1. Upon application for a building pernut, applicants shall provide to the City an updated survey locating a11 existing and approved additions. � 2. Applicants to obtain a demolition permit for the removal of the boathouse and deck within the lakeshore yard. 3. 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 pemut within one year of the date of Council approval, or this variance will expire on that date (July 8, 1997). 4. 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. 5. 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 � °� 0 0 CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL �t�k'E i�pg'�G NO. e� "� � � s Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 8th day of July, 1996. � ATTEST: / /� ;. y��- .� U�� ' Linda S. Vee, Deputy Clerk Edwazd J. Call �, Jr., Mayor � � � L��v� � � rope wner s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of July, 1996 by Edward J. Callahan, Jr. and Linda S. Vee, Mayor and Deputy Clerk of the City of Orono, a Minnesota. municipal corporation and said instrument was executed on behalf of the City. � CAROLE A HASEMAN ��- ` • Notary Public � NOTARYPUBLIC-MINNESOTA :� :'.• HENNEPIN COUNTY `��••'° My Commission Expires Jan.31.2�00 t Page 4 of 5 � O� O O , CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��9kESH�g'�G NO. a� "�' Q c'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this -� day of u / , 199�, before me a Notary Public/ within and for said Coun ty, p ersonall y a p eared e 'e A known to me to be the person(s) described in and w o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. I ,� LINDA S.VEE ` ^ � �� ,,,.., C� `� ' NOTARY PUBLIC-tdINNESOTA � " �i*<<`�� HENNEPIN COl1NTY O PUbI1C �;`"'`• 64��Commission Expires Jan.31,2000 � _,... .. i...ti.'�'.�E'�:i."�". STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3 r.l� day of �J�u j v , 199 �� , before me a Notary Public within and for said County, personally appeared ��'r f--%�e h�� C'. l,uo c�c�`�Gus�:.. Ct>7/rlCli%'�'r�� known to me to be the person(s) described in and who executed the foregoing u�strument, and acknowledged that he (they) executed the same as his (their) free act and deed. � l/j�.�'.�`�'.. �. (/ ��s', { LINDA S.VEE Notary Public �'��`'• NOTARY PUBlIGt11NNE50TA �r' .•„%:' HE�NEPIN C�UNTY ; � : i� 1,2000 ;:,- ires -.,� `�`• - Al:g Cammission Ex� � 3 . .�=� r r -- •� .r^"'_.�.. . . �L4.�.t/" . . Page 5 of 5 _ ' � ' . � O� O O �, CITY o� URONO � � '�' RESOLUTION OF THE CITY COUNCIL �� G Exhibit 9 ESII�g' NO. � '� � � That part of Government Lots 4 and 5. Section 9, Tounship 117. Range 23, described as commencing at the aorth 9��r corner of said Section; thence on a bearing of South (Lhe North line of the Northeaet quarter of aaid Section being asa�ed to have a bearing of North 88 degrees 51 minutes Meet for purpoaes of this description) a diatance of 2878.55 feet; tbrxe South 70 de- grees 37 mirrotea 31 seconds East a diatance of 838.92 feet; Lhence South 67 degreea 19 ainutea 23 seconds Lest a diatance of 266.25 feet: thence South 59 degrees OS minutes 30 seconds East a diatence of 300.00 feet to the point of be8innin8 of the property being described; Lhence continuing South 59 degi�eea 05 minutes 30 seconds fiast a diatance of 159.15 feet: tLence South 26 deeree` 36 minutes We�t to the sl:ore o` Lake Hinne�onY.-: ��+enc. N�rthueaterly along aaid ahore to ita inCerx�tia+ aith a line dra�+n oouth 32 degrees 1fi minutes 30 seconds West from the goint of beainning; thence North 32 degrees 16 minutea 30 sec- onds East to the point of beginning, according to the Government survey thec•eof, and That Fnrt of Government Lot 4, Section 9, TamsDip 117. Rer�e 2J. dexribed ae follows: Commencing nt the lbrth 9�'ter coroer of said Section; thence on a bearing of South (tbe NortA liae of the NortLeast Quartsr of said Sectton being aes�ed to heve a bearing of North 88 degreea 51 minutea Weat for purpoaea of this deacription) a diatance of 2878.55 feeL;.tLeace Sbuth 7� de- �eea 37 minutes 31 aeconda fia�t a diatnnce of 838.42 feet; thence South 67 degroea i9 minutee 23 aeconde teet a diatance of 266.25 feet to "Point A", said "Point A" being t2�e point of beginning of the property beinB deacribed, aad aleo the point of beginning of "Line A"; thence South 32 degreea 16 minutea 30 aeconda Weat along "Line A" to a point on the ahore of Lake Hianetonka, and said "Line A" there ending; thence Southeasterly elong said ahore to a point 300.00 feet SouLDeaeterly from said "Line A", said 300.00 feet being measured on n bearing of South 59 de�eea OS mim�tea 30 seconde Ba�t fram said "Line A"; ` thence North 32 deareea 16 minutee 30 seconda East n distance of 370 feet to an interaection With a line dresm South 59 degrees 05'minutea 30 seconda Sast from aaid "Point A"; tbence Horth 59 degreea 05 minutea 30 eeconde Nest to said 'Qbint A" at the point of beginning, 6XC6Pf that part of said above deacribed properLy lying Nort�sterly of the follaring deecribed line: Co�encing et said "Point A"; thence South 59 degreea OS mirn�tea 30 aeconda Haet a diattnce of 296.74 feet to Lhe point of be- ginning of the line being dexribed; thence SouLr 34 degi ees 54 minutea ?A seconde iiast ic the ehore of Lnke tlinnetonka, and there ending. �