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Home My WebLink About#3903-variances-1997 � °� 0 0 �d._- C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH0g'� NO. � � � 3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5, SECTION 10.22, SUBDIVISION 1 (B) AND 2 AND SECTION 10.56, SU�DIVISION 16 (C-6) FILE NO. 2221 WHEREAS, Sven A. Wasberg and Arlene DeCandia (hereinafter "the applicants") are the owners of the property located at 3115 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Tracts A and B, Registered Land Survey No. 269 files of the Registraz of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.24, Subdivision 5, Section 10.22, Subdivision 1 (B) and Subdivision 2, Section 10.56, Subdivision 16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to remove an existing residence to construct a new residence. A variance for lot area to allow 19,140 sq. ft. (.439 dry acres buildable) where 43,560 sq. ft. (1 acre) is required. A lot width variance is required to allow 80' of lbt width where 140' is required. A side yard variance to allow a 4' and 6' side yard as shown on the revised plan dated 5-12-97 as revised is required. An average lakeshore setback variance is required to encroach forward of the average lakeshore setback as shown on the plan dated 5-12-97 as revised and a lakeshore setback variance is required to locate 54' from the shoreline where 75' is required. A hardcover variance in the 0-75' setback is required to allow 5,407 sq. ft. of hardcover where 6,297 sq. ft. is existing and none is allo-•ved (The entire site, with the exception of a small corner of the property, is located in the 0-75' setback from the lagoon and Lake Minnetonka). A conditional use permit for excavation/fill in 0-75' setback is also required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 � � �� O� O O s � C ITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL , ��`q.kE p4ti�'G NO. e� � 0 3 . SH FINDINGS 1. This application was reviewed as Zoning File #2221. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District where the minimum lot azea requirement is one acre. 3. The Orono Planning Commission reviewed this application on May 19, 1997 and recomxnended approval of the proposed variances based upon the following unique fmdings and hardships: A. The property does not meet the minimum requirements for lot azea, lot width and side yazds in the LR-1C Zoning District. B. The current residence is unoccupied and deemed uninhabitable by the property owner. C. The entire site, with exception of a small area in the northeast corner, is located in the 0-75' setback from the lagoon and Lake Minnetonka. D. The lot does not meet average lakeshore or lakeshore setbacks; the proposed residence will conform more closely to the setbacks. E. The proposed residence reduces the total amount of hazdcover. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properiy in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or o.ther danger to neighboring properry; 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. Page 2 of 5 _ � O � � O O cITY of ORONo � ti '�' RESOLUTION OF THE CITY COUNCIL . �i`9$E p4��'G NO. e� � 0 e� SH 5. � The City Council has considered this application including the fmdings 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 welfaze of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances for lot azea, lot width, side yazds, lakeshore and average lakeshore setbacks and hardcover in the 0-75' setback azea and grants a conditional use permit for excavation/fill in the 0-75' setback and floodway/flood fringe azea per Municipal Zoning Code Section 10.24, Subdivision 5, Section 10.22, Subdivision 1 (B) and Subdivision 2, Section 10.56, Subdivision 16 (C-6) and Section 10.55, Subdivision 4 (B) and Subdivision 7 to permit removal of an existing residence and construction of a new residence, subject to the following conditions: 1. Applicant's architect to provide large scale drawing showing grading, elevations and setbacks. 2. A permit will be obtained from the Minnehaha Creek Watershed District. 3. Authorities ,granted by tlus variance run with the property not with the applicants, but are pernussive 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 (May 27, 1998). 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, attd 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 4RON0 � ti '� RESOLUTION OF THE CiTY COUNCIL ��'qkE p4��'G NO. s� � � 3 � SIi Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 27th day of May, 1997. A ST: i � . orothy M allin, Ci Clerk _ Gabrie abbour; Mayor , /�• ��% Property Owner (s) STATE OF 1�ZINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, 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 . : �i@q�N�COUMiY� No blic I�Camai�lo�8p�es,aa.31.2000 Page 4 of 5 • �� . � O� . O O �, CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`�IfE Hp4�'�'G . NO. si � � e`3 � . S .. STATE OF MINNESOTA ) . ) ss. �. COUNTY OF HENNEPIN ) On this o g�`�'`'day of , 199�, before me a Notary Public within and for said County, personally peared ��,�� 7'ri !�Cd�� _J�,�� known to me to be the person(s) described in and who executed the foregoing uistrument, and ackaowledged that he (they) executed the same as his (their) free act and deed. � . � JAMIE L 6EMAR � "' � I�o�riwv��o�► �-' , ' �CouHnr No blic � tuy Conanl�ian 6�es„lann.31.2000 STATE OF NiINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this q�-h day of .3�u�► e , 199'� , before me a Notary Public withiu and for said County, personally appeared�Kp . �,,�, , r►�a rr;e ol known to me to be the person(s) described in and who executed the oregoing instrument, and � ackaowledged that he (they) executed the same as his (their) free act and deed. �C_�it�-2�..G. ;c(!= a e.�„�J '�E A WISEMAN Notary Public "� NOTARY PI�IC-ININNESOTA '., '= :'. HpVNEPINCOUNTY � `�•••' My Commission Expires Jan.31,Z�00 Page 5 of 5