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Home My WebLink About#4322-variances-1999 � I ��_� /� �11�' O o � a,� - � CITY of ORONO ,� �,�I � � r � �'�'� RESOLUTION OF THE CITY COUNCIL A� `; �`� t�ESH� NO. � b'� �M A RESOLUTION GRANTING VARIANCES TO MiTNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.�6, SUBDIVISION 16 (L)(2); AND SECTION 10.24, SUBDIVISION 5 (B) FILE #2488 WHEREAS, Gregg Klohn and Teresa Klohn (hereinafter "the applicants") are owners of the property located at 4455 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Bergquist's Addition to Saga Hill, excluding road, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Vlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannin� Commission held public hearings on May 17, 1999 and June 21, 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 permit new construction of a 14'x24' garage exceeding allowed hardcover in the 250'-500' lakeshore setback and applicants have proposed 2,172 s.£ (35.3%) hardcover where 2,021 s.£ (32.8%) exists and 1,847.1 s.£ (30%) is allowed; and Section 10.24, Subdivision 5 (B) to permit a 3' side yard setback where 10' is required, and a 10' street yard setback where 35' is required. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, l��tinnesota: FINDINGS 1. This application was reviewed as Zoning File #2438. Pa�e 1 of 5 � r / /.� 0,�. O O ��s CITY of 4RONa � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL l � � � � � `9k'E3TrI�4 NO. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre or 43,560 s.f. in lot area. The property consists of total azea of 27,000 s.f. or .62 acre. 3. The Planning Commission reviewed this application on May 17, 1999 and June 21, 1999 and recommended denial on a vote of 6 to 0. 4. The Planning Comrnission made the following findings of fact: A. The proposed structure would replace a 10'x18' storage shed removed by applicants following a May 1998 storm. B. The City requires a variance to replace non-conforming structures. C. The proposed building would increase hardcover within the 250'-500' lakeshore setback. The City of Orono Zoning Code and Comprehensive Plan have established a shoreland overlay district to protect natural waterways within the City by allowing maximum amounts of hardcover. � No hardship has been demonstrated to permit granting of a variance for additional hardcover to be located over this portion of the lot. D. The applicants did receive a variance to permit additional hardcover in 1998 (Zoning Application #2424). The hazdcover does exceed the � allowed 30% in the 250'-500' lakeshore setback. E. It would be appropriate to relocate the structure further from the lot lines. The previous building was completely removed by the applicant following the stoim, and the existing foundation would require repairs or modification. 5. Reduction of the proposed building to 10'x18' would allow the applicant to retain a storage building equal to the building removed following the May 1998 storm. The hardships restricting a new structure from conforming to the Code include a utility pole located on the east side of the existing driveway restricting a new driveway alignment; and the lot has a severe grade change between the driveway and the east property line. The change in grade would require Page 2 of 5 % O � � O O ��6 CITY of ORONO � � ti �,�� G'� RESOLUTION O��HE CITY COUNCIL �kES804� . NO. substantial removal of fill to build a garage into the hill side, and locating the garage in the 75'-250' lakeshore setback would require removal of several mature trees. 6. It is the position of this Council that this lot has maximized its development potential; no additional variances shall be granted for the property. 7. The City Council finds that the conditions existing on this property are peculiax to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely a.�ect 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, ORIDER AND COle1DITYONS 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, Section 10.56, Subdivision 16 (L)(2) and Section 10.24, Subdivision 5 (B) to permit reconstruction of the 10'x18' storage building 5' from the side lot line and 15' from the street lot line allowing 1,963 s.f. of hardcover within the 250'-500' lakeshore setback where 1,847.1 s.f. (30%) is normally allowed. Approval was subject to the following conditions: 1. The remainder of the existing foundation is to be removed. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by applicaxion for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 26, 2000). Page 3 of 5 �— � O� 0 0 ��, CITY of ORONO � � ti �,� G'� RESOLUTION OF T�IE GITY COUNCIL �`�kES�I��'� - NO. � � `� � 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 ha.ve 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 record'ing of this resolution in the chain of.title of the property. Adopted by the Orono City Council on this 26th day of July, 1999. ATTEST: � . � L/ . � Linda S. Vee, City Clerk Gabrie Jabbour, Mayo , � � �� .i.ea�.. f�t�-� �Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of July, 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. tii�RY Af�PJ JOHNSON G� '' ' NOTiuZY PUSUC•MIINNESOTA NOt3Iy IIbI1C v''� � Ilqy Canrt�ssian Expires Jan.31.�S .,,,. Page 4 of 5 �—_ �� 0� O O ��6 CITY of ORON4 � � ti � ti RESOLUTION OF THE CITY COUNCIL �i`9k'ESII�4�'G NO. � 3 � � STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Z�oa On this /�}-,�day of -�9� before me a Notary Public within and for said county, personally appeared ��2G' ��o�i,v R�� Te�P e s H �'/a�i�_ ��aRK�P� known to me to be the person(s) described " d who executed the foregoing instrument,and acknowledged that he(they) executed the same as his (their),free act and deed. `� t -� MARY ANN JOHNSON ��/ NOTARY PU�.tC-NQNNESOTA - t�,Canu�onExp�es,iar,.3t,� NOT YP LIC STATE OF NIINN�SOTA ) � ) ss. COUNTY OF HENNEPIN ) On this da.y 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