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Home My WebLink About#4618-variances-2001 -—-� � ��\? �� ' V O 0�;� �.b. - I; CITY of ORONO � �%; ,� G'�'� RESOLUTION OF THE CITY COUNCIL `� �'�/ N O. s.�: r� � �kEs� `-� _. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) (2) AND SECTION 10.56, SUBDIVISION 16 (C) (6) FILE NO. #01-2661 WHEREAS,Thomas Anderson and Ingrid Anderson(hereinafter "the applicants") are owners of the property located at 3550 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2�, Lydiard's 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 February 21, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and `VHEREAS, the applicant has applied for a variance application to the Cit_y for variances to Municipal Zonin� Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 4,551 s.f. (41 %) hardcover in the 75-250' lakeshore setback �vhere 4,687 s.£ (42%) exists and 2,775 s.£ (2�%) is allowed; and Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B) to permit an encroachment into the average lakeshore setback on the north side of the house to construct a new fence/wall system exceeding 3 '/z feet in height for use as a dog kennel. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1�linnesota: FINDINGS 1. This application «�as reviewed as Zoning File #01-2661. 2. The property is located in the LR-1C (1/2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 21, 2001 and recommended approval on a vote of 4 to 0 for variances based upon the follo�ving findings and hardships: Page 1 of 6 , , � �- �� 0 0 ��, C ITY of ORONO `� F r '�' RESOLUTION OF THE CITY COUNCIL ��`9JfE p4�'�'� N O. _ L.� � .� � ��5� -- A. The�property is unique by the fact the property has frontage to Lake Minnetonka on both the north side and south side. There aze two 0-75' lakeshore setback zones located on the property. B. The replacement of the deck and the dog kennel located to the back of the house would encroach into the average lakeshore setback to the north side of the property. The average lakeshore setback ordinance is intended to protect lakeshore views for adjacent properties. C. A visual inspection of the property indicates there is no real real lake access or water to the north side of the property. The north side of the property functions as a «•etland draining towazds Lake Minnetonka. The north sides of the properties function as back yards and have been developed accordingly. The primary lake views and docks are located to the North Shore Dri�-e side of the property. D. The retaining wall is being replaced due to the deteriorating of the existing railroad ties. The ties are necessary to stabilize the ground between the driveway and the elevation of the adjacent house. E. The Planning Commission recommended the applicants construct a turnaround on the property that would permit a vehicle to maneuver enough to not require �-ehicles to back out to North Shore Drive. 4. The� City Council finds that the conditions existing on this property are peculiar to it and do not apply generall�� to other property in this zoning district; that . . granting the variances would not adversely affect tra�c conditions, light, air nor pose a fire hazazd or other danQer 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 Plannin� Commission, reports by City staff, comments by the applicants and the effect of the proposed vaziance on the health, safety Page 2 of 6 , , �� -=- �� 0� O O �, CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL \kES_H_� � NO. 4 � � � ' � 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 permit 4,551 s.f. (41 %) hardcover in the 75-250' lakeshore setback where 4,687 s.f. (42%) exists and 2,775 s.f. (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B) to permit an encroachment into the average lakeshore setback on the north side of the house to construct a new fence exceeding 3 %2 feet in height, subject to the following conditions: 1. 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 permit within one�year of the date of Council approval, or this variance will expire on that date (March 12, 2002), site plan shall be in compliance with the site plan attached hereto as Exhibit A. 2. 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. 3. The undersigned applicant and owner have read, understand 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 6 /�� /� �11�' O O , C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��'9$E p4'�G NO. � � g ,'� �� Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 12th day of March, 2001. ATTEST: � � -� / .'�� '-��.�..��' > � � ��t�=- .�.. r/,z.v Linda S. Vee�City Clerk Barbara A. Peterson, Mayor : , Property Owner Ap icant STATE OF MINNESOTA ) � ) ss. ' COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of March, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEi.DODGE /� NOrfARY PUBLIC-MINNE^OTA � G�-,`. ti—•�---(� UOGXC'�� .-,�:� My Correnissbn Expires Jan.31,2005 _...;,,,,,.,.,._. � Notary Public STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this ��S{day of S+ , 20�� before me a Notary Public within and for said county, personally app ared �i-�i c1 �}r-r-(�fSGY� , Xyr'irri�cal 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. � �..�_�.-e�' G�c��e__ Notary Public RACHEL DODGE ' .�.-�� _.s NOTARY Pl18UC-MINNE?OTA Page 4 of 6 ' -�. rf.,�„ . -. -r c��;ros.;•, '' '^�° / Q � � � � � �, CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �� C' . �S� � NO. � � :�' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �day of �o��f�,e. , 20� before me a Notary Public within and for said county, personally appeared ��,��.--�� dTS�I , ��own 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. � � RACHEL DODGE (� �,�� ,�.�� NOTARY PUBLIC-�E:'OTA c �.-� iuy canro�ion E�nt,a,,,3L�s Notary Public ��....E- Page 5 of 6 . y /�� O o , C ITY of ORONO � � �� '�' " RESOLUTION OF THE CITY COUNCIL � � ��SII� NO. � .. [REVISED SITE PLAN] Page 6 of 6 •