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Home My WebLink About#4274-variances-1999 �--- i.�;O,�. O O �e - CITY of ORONO � � �''.� �'� RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO: � `� "� � . � A RESOLUTION GRANTING VARIANCES TO MUlvICIPAL ZONING CODE SECTTON 10.03, SUBDIVISIONS 14 (C) AND 9 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND (L) (2); AND SECTION 10.25, SUBDIVISION 6 (B) FILE #2468 WHEREAS, Elizabeth Nusbaum and Bruce Nusbaum (hereinafter "the applicants") are owners of the property located at 3480 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 2, Block 3, Baldur Park, Hennepin County, Minnesota (hereinafter "the_property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 15, 1999 and April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): to allow 3,012 sq. ft. (30.2%) of hardcover in the 75-250' lakeshore setback, where 2,965 sq. ft. (45%) exists and 1,663.5 sq. ft. (25%) is allowed, and to allow 344 sq. ft. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 sq. ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C): to allow 1,721 sq. ft. (18.0%) structure, where 1,687 sq. ft. (17.6%) exists and 1,500 sq. ft. is allowed; Section 10.25, Subdivision 6 (B): to allow new construction on a lot that does not meet minimum lot area and lot width for the LR- 1C Zoning District; Section 10.03, Subdivision 9 (B): to allow the accessory structure (garage) to remain on the property while the e�sting principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment within the average lakeshore setback to permit construction of a new residence on the lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 .y /' � O� O O , CITY of OR4N4 - ,� � ti RESOLUTION OF THE CITY COUNGL ~ ��9�E �p44'G `NO. � 4 � °�' 4 � s FINDINGS 1. This application was reviewed as Zoning File #2468. 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .22 acre or. 9,560 sq. ft. 3. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 4 to 2. 4. The Planning Commission made the following findings of fact: A. The lot is provided with sanitary sewer service. B. North Shore Drive is platted through the applicants' property. One side of the property is located on Lake Minnetonka (vacant) and the house is located across North Shore Drive. The entire lot is combined into one tax parcel. The platted right-of-way for North Shore Drive is dedicated to Hennepin County and is not included in the lot area calculation for hardeover or structure. C. Hardcover on the lot will be decreased substantially. D. Structure will not be increased beyond what is existing on the property. E. The curb cut on Birch Lane is 44 sq. ft. It will be reduced to meet the maximum allowed by the City (20') F. The proposed location of the house is beyond the 75' required for � structure from the lakeshore of Lake Minnetonka. G. The existing house is located on the east property line. The new structure will be located within the setbacks established for the zoning district. Page 2 of 5 ��' _ /� �1V' O o , C ITY of ORONO - � � ti RESOWTION OF THE CITY COUNCIL ti ��9kESiI04'�G NO. - � `� � � H. Additional structure has been requested for living space due to the high water table in the area that prevents the lot from accommodating a basement. 5. 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 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. 6. 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. 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, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): to allow 2,012 sq. ft. (30.2%) of hardcover in the 75-250' lakeshore setback, where 2,965 sq. ft. (45%) exists and 1,663.5 sq. ft. (25%) is allowed, and to allow 344 sq. ft. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 sq. ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C): to allow 1,721 sq. ft. (18.0%) structure, where 1,687 sq. ft. (17.6%) exists and 1,500 sq. ft. is allowed; Section 10.25, Subdivision 6 (B): to allow new construction on a lot that does not meet minimum lot area and lot width for the LR-1C Zoning District; Section 10.03, Subdivision 9 (B): to allow the accessory structure (garage) to remain on the.property wfiile the existing principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to pernut an encroachment within the average lakeshore setback to pemut construction of a new residence on the lot. Approval was subject to the following conditions: 1. The Planning Commission will not look favorably on variance requests for additional haxdcover or structure in the future. Page 3 of 5 i— - � O� O O , CITY of ORONO - � � '� RESOLUTION OF THE C17Y COUNCIL '��`91tE Kpg'�'G . � " NO. 4 � `�' � -� S 2. Authorities granted by this 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 (April 26, 2000). 3. 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. 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. Adopted by the Orono City Council on this 26th day of April, 1999. ATTEST: �. .�. . U �'�..� in a S. Vee, City Clerk ' Gabrie Jabbour, Mayor � NGG��Yl,c-c�— \ /,...�.�[jcZL�l:�� . r rty Owner(s) STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by�Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ` �'"`'u ��""",'L. �a . �-�. �.; r� MARYANNJOHNSO� NOtary P liC ' o:,� ,- �• NOTARY PUBLIC-MINt�ESOTA `•' .,�,.•° My Commission Expires Jan.31,2�00 ,' ' � �"-Y-"�'"'�"`' Page 4 of 5 , , . �— - � O� O O , CITY of ORONO - � ti ti � � RESOLUTION OF THE CITY COUNCIL � � - � ��9kE Yi�4'�'G � NO. �� °�.�. -� s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of !�? q N , 199�before me a Notary Public within and for said county, personally appeared �l�za b eth Nu s ba k m q�� S kKc e Nus b4��, m4�e�: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. � zM . �� MARYANNJOHNSON ,';} ;:!-� ; �� NOTARYPUBUC-MINNESOTA r� .,„,�.° Nty Commissfon Expires Jan.31,2000 � NO AR PUBLIC � �e:� STATE OF TiIINNESOTA ) ) ss. COIJNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared 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. � NOTARY PUBLIC Page 5 of 5