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Home My WebLink About#3631-variances-1995 � o� 0 0 . �, C ITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��'9x'E Hp4�'�'G NO. s� 6 3 1 S A RESOLUTION APPROVING RENEV�'AL VARIANCES TO I��UNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 (A) AI�TD SUBDIVISION 2 FILE #2061 Wf�REAS, S. Arne Wasberg and A. M. Decandia (hereinafter "the applicants") are the o�Nners of the property located at 313� North Shore Drive within the City of Orono (hereinafrer "City") and legally described as follows: Tract A, Registered Land Survey No. 1113, Hennepin County, Minnesota (hereinafter "the property"); and V�'I-�REAS, the applicants have reapplied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a two story addition and upper level deck that would extend 27' from the shoreline of the adjacent lagoon where a 75' setback is required and where the existing structure encroaches 27' from that shoreline, and a variance to Section 10.22, Subdivision 2 as hardcover within the 0-75' setback area is proposed at 3,19� s.f. or 10.6% and where 3,69� s.f. or 12.3% exists and none is allowed, and in the 75- 2�0' setback area hardcover exists at 5,131 s.f. or 37.8% where 25% is allowed and where 3,242 s.f. or 23.9% is proposed requiring no variance approval. � NO`'�', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This renewal variance application was reviewed as Zoning File #2061. 2. The property is located in the LR-1B, Lakeshore Residential Zonin� District requiring 43,560 s.f. in area. The property consists of 43,529 s.f. Page 1 of 6 � O� O O ��t CITY of ORONO ,� � � '� RESOLUTION OF THE CITY COUNCIL ��9kESH��'�G NO. a� 6 e`3 1 3. The Orono Planning Commission reviewed this application on October 16, 1995 and recommended approval of the renewal variance application as proposed, based on the following unique findings and hardships: A. 80% of the total property is unbuildable. B. The original structure was placed on property in 1973 prior to current lakeshore setback standards. C. The majority of the existing house is located within the 0-75' setback area. D. The interior lagoon connected to main lake by a dredQed channel is considered gart of the main lake placing greater setback restrictions on building envelope. E. The current proposal involves decreases in hardcover within the 0-75' and 75-250' setback areas as follows: In the 0-?5' setback area there is a 499 s.f. or 1.7% reduction and in the 7�-250' setback area there is a 1,889 s.f. or 14% reduction. 4. The Cit�� Council fmds that the conditions existing on this properry 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 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 Cin� Council has considered this renewal application includinQ the findin�s 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 communiry. Page 2 of 6 � o� 0 0 , C ITY of ORONO � � ti ��t �G'�' RESOLUTION O� T,j�i�CJTY COUNCIL �kESH�4 NO. �� 1 COi�TCLUSIOnTS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a setback var:ance of 48' or 64% for the lakeside two story addition and upper level deck and a hardcover variance within the 0-75' setback area of 3,195 s.f. or 10.7%, subject to the following conditions: 1. Upon application for a building permit, applicants must provide an updated survey showin� location of all existing and proposed improvements to be accompanied by a detailed grading and drainage plan. if it is found that nz�v additions wi�l encroach any closer to lagoon than existing structure, applicants will be required to file an amended variance application with both the City and DNR. 2. All landscape areas underlain with plastic shall be removed prior to the footing inspection for the proposed new construction. 3. Applicants to provide necessary erosion control along the shoreline of the pond and wherever deemed necessary by the Orono Building staff prior to any land alterations on this property. 4. Applicants have agreed to replant specific mature evergreens to be removed as a result of these improvements. Applicants have submitted a site plan indicating existina and proposed plantings in the 0-75' setback zone included as page 6 of�this resolution. Plantings are to be completed prior to the final inspection for the new construction by the Orono Building Department. 5. Authorities granted by this resolution run with the properry not with the applicants, but are permissive only and must be exercised by application for a buildinJ permit v��ithin one year of the date of Council approval, or this variance will expire on that date (November 13, 1996). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zonin� code, shall automatically terminate any authoriry granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 � o� 0 0 ��6 CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��kESH�g'�G NO. sg G 3 1 7. The undersi�ned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assiQns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of November, 1995. AT EST: �/��, ' /�� , ,/ '� , 'l. �;._/�� I � � �"l • ( . '�.%i. /� , ;�. (�! -/ orothy M. al n, City Clerk Edward J. Call han, Jr., Mayor/ � . ��C/ Q�� roperty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HEI�TNEPIN ) The foreQoin� instrument was acknowledged before me on this 13th day of November, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the Cin� of Orono, a Muinesota municipal corporation and said instrument was executed on behalf of the City. .� � '"•• CAROLE A HASEMAN r` NOTARY PUBLIC-MINNESOTA Notary Public : ... . : HENNEPIN COUNTY "•,�•�•' My Canmission Expires Jan.31,2�00 Page 4 of 6 ,- � _, � O ' V � O :, CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��9k'E �IDg'�G NO. a4 6 3 � S STATE OF MINNF.SOTA ) ) ss. COUNTY UF HENNEPIN ) On this /,�-t`n day of Mnre I� , 199�before me a Notary Public within and for said county,personally appeared,Q .�� De��„��,.� rr►�r�;�d -F� �'. r►,e c.sh�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. .• � CAROIE A HASEMAN � ` NOT�NPUBL�I�ESOTA �� C,( �� .� •,.•• My comrr►�uim Exaires�an.s�,2�00 NOTARY PiTBLIC STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this �t� day of , 199�before me a Notary Public within and for said county,personally appeared ' � �f . c � known to ne to be the person(s) described in and who ex uted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. d ::4•�� CAROLE l�HASEMAN NOTARY PUBLIC NpTqpy pl�llCrMINNESOTA ; -_ ; HF�JNEP�N COUNTY •,... My Commissfon E�ires,lan.31,2�00 Page 5 of 6 � , � _,/' : . c � I �� )�� .. y-s - 1 tj, .,. . • � ' . v ' � / � � , ? � , t 1 :� �: ` > � o�Q � OT . (�, , , � � � "/.. �, ��r ' ''°.� .p�� ` �A9 ��/ y-- h�ar� ��r�a�'� �;F�z C�lv��' . . � ' �:�.: �� , ` �` �E .Z ' ; �_ ��, �;. ;� a 9'19� . ♦ /'� / � aP -�� !�i�%v: :��'��.f' � f�►'�V�w�'ys> , ; �:;�;�. -,: �j o :31 . , o o boye vv�t �`� � / Q f1.,.5� �,, 3038. � �v.� �S /r9.3 /o � n , ; . o, o � ' rl`1� 'Z � 1 � ` � Q �� o I 7ri ,c� �• ..-- p �-� ; . ��r�a� � � � 9 oq � > >�'o � .D �I ,��f„• -� � 3:►3 � � � . 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