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Home My WebLink About#4183-variances-1998 /o � � 0 0 �4_ - i CITY of ORONO � '�� '� G'�� RESOLUTION OF THE CITY COUNCIL L9kESH�4� NO. � x � ;� A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; AND SECTION 10.56, SUBDIVISION 16 (C) (1&2) FILE #2427 WHEREAS, Kenton H. Carlson and Diane L. Carlson (hereinafter "the applicants") are owners of the property located at 3498 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, 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 a public hearing on October 19, 1998, 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 10.03, Subdivision 14 (C); Section 10.25, Subdivision 6 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (C) (1&2) to permit after-the- fact variances for side yard setback, structural coverage and hardcover in the 75-250' setback. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDPIGS 1. This application was reviewed as Zoning File #2427. Page 1 of 5 � �� O O � b. - C ITY of URONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH04ti�' NO. 4 � c� � 2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot area. The property consists of .18 acres or 7,940 sq. ft., as calculated by staff. 3. The Planning Commission reviewed this application on October 19, 1998 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The zoning lot does not meet lot area, lot width or side, side yard adjacent to street setbacks. B. The residence was damaged by a storm in the spring of 1998. C. The requested variances are after-the-fact. D. The applicants own the adjacent property. E. The stone on the property may be used for parking and storage and is therefore considered hardcover. 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 Gity. 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. Page 2 of 5 . � 1. . � O� O O ,. C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL t9kESH�g'�' . NO. 4 1 R :2 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 10.03, Subdivision 14 (C); Section 10.25, Subdivision 6 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (C) (1&2) to permit a side yard variance to allow the roof to be located 3.2' from the east property line where 10' is required; a structural lot coverage variance to allow an additional 159 sq. ft. (6'x26.5') for a total of 26.25% where 24.24% existed according to a 1979 plan and where 15% is allowed; and a hardcover variance to allow an additional 53 sq. ft. of hardcover in the 75- 250' setback where 36.16% existed and 37.43% cunently exists and 25% is allowed. Approval was subject to the following conditions: 1. The stored boat on the property shall be removed from the property within 60 days (December 26, 1998). 2. The area that was previously shown in Exhibit A as being covered in stone shall be seeded or sodded with grass and landscaping by June 1, 1999. 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 pernut within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999). 4. 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. 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 ajree to the recording of this resolution in the chain of title of the property. Page 3 of 5 • . .. . � O� O O �,. C ITY of ORONO � � ��t �G'� RESOLUTION OF�TiE�CI�Y COUNCIL 9kESH�4 NO. Adopted by the Orono City Council on this 26th day of October, 1998. ATTEST: �`� _ , � �� . � i da S. Vee, City Clerk Gabriel bour, Mayor l�..J • --��. � �-�--=-�-� - � Property wner(s) STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October 1998, by Gabriel Jabbow & 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. � .+�,;:.��O�E A,.Ht=`:�-- ';',�:. ti; � r� ( '�1°; � . �::�� '� Notary Public � �.:�-� ricTr�v F�t_i� °� � � � rG�,:� � �cc�,��r� H � • , „ �� ,,,�C;'T�iS°�.�'.�E, �,�,_��.�c.;._�.-r�,�..�_.,.�.�� . Page 4 of 5 � �� . O � O ��, CITY of ORONO � � �� G'� RESO�UTION OF THE CITY COUNCII L9kESH�g'� NO. � � � `� STATE NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�fh day of Q�-�'o�eQ , 199 � before me a Notary Public within and for said county,personally appeazed ,� n-f-o�✓ � C��LS oN N'l a R R%P� known to me to be the person(s) described in and who executed tb.e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � -`:��'. MARY ANN JOHNSON 1 C�� [�G) 14 � NOTARY PUBIIC-MINNESOTA �.t NOTARY UBLIC �`-�' My Commission Expires Jan.31,2000 ....... ....�`i`r_:_.+..`' `.-.;J� . STATE OF MINNESOTA ) �) ss. COUNTY OF HENNEPIN ) On this /'Jf"h day of ��Je►�,b�e,— , 199 q before me a Notary Pubiic within and for said county,personally appeared ��„� �. �Rr I q o n: wfe r rr e�-I�_ _ - 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. ._.,., ,`�� r:� Cp,ROIE A H�SEMAN '; (,( '`��' NOTP,RY Fl;6UGV�!!+r'ES07A t �� ti;.:=�:�; NENP�E'rlt.CCUD1Tv �; NOTARY PUBLIC � �>=-� 1�"y Ccrrrr�issicn f�'�i•=s J:.n.31,2CCn ,.� _..,;_.--r.-�-`--�—:,�.-.�r=,:.-~_-- -- :..,-•� Page 5 of 5 . TAYLOR LAI�ID SURVEY4RS II�[C. '� 230 W. BROADWAY, P.O. 60X 17�.MONTICELLO,MINNESOTA aS3d2 , PHONE 18121 Z9S-3388 - �P�ar oRawiN� � - REQUESTED BY Warranty Title, Inc. � FfLE NO. 5220 . INSP�TION DATE November 12, 1986 � NAME ��SON; Kenton and Diane qppR� 3�98 North Sho�e Drive, Wavzata, biinnesota LEGAL DESCRIPTION: Zot 4� Block 3� BALDUR P � Hennepin County� Minnes ota , �iA� p°`��> Cjr�YB'�- �ilc SVYv t�` • � �� _ ��° �'f �X � Lt3�T � Bo�cr ��.�' j� 51bR� j� , 1r�� ,: g A�A To �/' � �� Z �. � 3 �� I' .. � �•,, , a 1 ��:- . �,G�ri�Zb,�9 B � _ � :� � ( �; _ X ;;1 �. o �f �:' S K ,-• �.�i I o�. , •- .� I � � I . -� �� .�� . . _ � �� :� ��t?� ., � . �-:- . �rt ��I 0�`� . � ' �-"� .. ' - �'3 • � �. PJlcwed � . ' • -- " &.�,w�+�ct p� � � �F'��''�. o c�' �::�,��. �' c:�� s�c�' 1 d J `J ' ^� �i � �,r, \�� P+B�F� Tn B� .�� c,��,-,�� I � �o ' � � �tt. S�D A'�b �r.E �Lws �, �9ati , � �� s��6 �� Q� �P, i � y�s 6 y°.�6' � � �- r�i 5 � // F� '�' b � �si // � � /� . G° �/• y��°,�! �/ � �� a � SCALE� I 1 NCH ' � FEET "The (oc�tion of the improvements shawn on this dr�winfl sre approximate and sre based on a visu�l inspection of tht premises. The lot dimensions are t�ken trom the recorded plat or county records. 7his dnwin�is tor informstional � purposes and should not be used as a survey. It does not constituta a (i�biliry ot the company •n is inttnded tor mort�afle purpou: only." 600K�1. PAGE'._� NO. —