The URL can be used to link to this page

Home My WebLink About#3044-variances-1991 0 ,' a O CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESII0 NO. 3044 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5 (B) AND 10.22, SUBDIVISION 2 FILE #1696 WHEREAS, Stephen and Joanne Ward (hereinafter "the applicants") are owners of the property located at 4695 North Shore Drive within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Tristana Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to permit the construction of a 23' x 35' addition to the street or north side of the existing residence located 10' from the street lot line instead of the required 35' resulting in an excess of hardcover within the 75-250' setback area at 2,976.41 s.f. or 35 % where only 2,097.25 s.f. or 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1696. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The subject property consists of 11,230 s.f. or .26 acres. Existing hardcover within the 0-75' setback area = 149 s.f. or 5.24% Existing hardcover within the 75-250' setback area = 1,671.1 s.f. or 19.92% 3. Whereas the City Council reviewed this application on November 12, 1991, and recommended approval of the variances as amended based upon the following findings: A. The existing home sits on a steeply sloped lot and has been placed approximately 33' from the right- of-way line of County Road 19. There is limited area between the existing house and the street setback and requires the garage to be attached to the house and built over a steep slope. Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL �`q$SI30 NO. 3044 B. Because of the steeply sloped lot and the need to have the garage floor elevation at the same level of the adjacent County road, garage wall will be located above the roof eve of the existing house thereftre requiring a substantially deep masonry founda ion in order to avoid excessive ground pressu�e on the existing foundation wall. C. The excessive elevation difference between the existing house and the lakeshore requires a stair system to safely access the lake. The steeply sloped lot is a special condition that should be taken into account when considering hardcover. D. The vast majority of the existing and proposed hardcover lies 180-255' from the lake. E. There is no impact on the lakeviews of the homes on the adjacent properties as both homes are located at or near the 75' setback line. The proposed addition is located well behind the average lakeshore setback line. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally Ito 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 anger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 reports by City staff, commentslby the applicant and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 6 O O Wkk =`. a CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kE0140 NO. 3044 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.241 Subdivision 5 (B) and 10.22, Subdivision 2 to permit the construction of a 23' x 35' addition to the rear or north side of the existing residence located 10' from the street lot line requiring approval of a 25' or 71% variance and a hardcover variance within the 75-250' setback area at 2,976.41 s.f. or 35% subject to the following conditions: 1. All hardcover scheduled for removal and as shown on Page 6 of this resolution shall be removed at the time of the footing inspection for the addition. 2. Upon application for a building permit, applicant shall provide to the City staff written confirmation from a well contractor that the well can be serviced as shown on approved plan. 3. Authorities granted by this resolution run with the property not with the applicant, 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 (November 12, 1992). 4. 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. 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 agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kES�I0 NO. 3044 Adopted by the City Council of the City of Orono, Minnesota at a reg> lar meeting held on the 12th day of November, 1991. ATT ST: orothyVownerts) allin,iCity Clerk Barbara A. Peterson, Mayor �r -JAJ,.., Pr pe t STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of (November 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor; & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. kotarly Public Page 4 of 6 LINDA S. VEE NOTARY PUBLIC - MINNESOTA EQ. :,0 HENNEPIN COUNTY My commission expin�B-1246 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ES80 NO. 3044 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) qq II On this / "fh day of l�3 11 e m b— , 1991 before me a Notary Public within and for said county, personally appeared �feohen e• Wo-r hd J.nne_ A . W C known to me to bb the person(s) described in and who executed tie foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA .) CAROLE A. HAMEMIW )ss. WTAW HENNEPA COUNTY OF HENNEPIN ) gar coMMI83ION exrM sass On thi s day of , 199 before me a Notary Public within and for said county, person�ry 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 6 I. u7E OF CO �"pY f�D. I� -=; �� j^„� �\ *i o� Ribo A-WAY As A iWu+- \�� o ` / .q AROUNo- FPR 6AFE AaMlj r�? \ �o /9 � ... . ',. TO T4E_ CO.90 V01Z kiG / MMOVED Sy �' � � ARS DAME 2EITERSTRb►�I e T / ,�.>�` _ y ` .,rtr 612.-930-2548 Z- BLA(* toPPINb �F o 3s I N? RILHf- of-WAY f DRnIEVVAY�' r� j.� 6 o APPRWE0 .f3Y COUNT(. YP • � � �/=� a REMovE Ex15f. Stal RS MEW `STAIRS a / ,° �, '^ I'••I'1 11 li•:11' In RU1"voy t I � 'r •,,-"� ► ror ::1,•i,hoti 0. wird � �• '� �� •�� I 1..,1 :�, Il l ,rk 1 , •I'It l a'PANn t'tivl: . ' � ♦I � �° Ib•ul..•i�iu �• .nnll•., Plir►nr�►nr.l .�• s •\ I ♦ � `•` '•-Y /qui - ,l . 4 � `". � . -/ - -�' 75- arae = a�l7�. ��•�02- 3S7 ,�_ 1 •~ 5^ N .. •c + e,� v t.rnn 1 Itr�cri i�! inn ' I \ CL Ln1. 2, nldrk 1, Tri.stana Cove ,, oy. 'I'h i.:; murvey whows the location of till r i,rinr* huildinos and visible "hard- .-•.,Iver, and n Proposed addition in re- ;,. w )ar.i nn e;n 1:110 houndaries of the Above .:,•.� '� ' _ dea:rril,e-d nrnPerty. it does no*. pur- port to sahnw nny nther improvements I. or oticrt,irthm",Is. WE:. 10/081'b I � DPAWING ANNPTATED BY OWNER a a / TO sHau/ PROPOSED HARDGOVFR AW5Eof CD. RD Ig -1?jWr-A-WA ( ASAN APPR4C_> TURNAROUND o ti t� rC4 'I�• t n Iron marker Act -,- P Page 6 • iron marker Found ,•w __,�,_—: rxisr.inci elevation Ilntum: Mean Sea Laval nonrinns shown are to /bi✓�/Ero.✓�:I in assumed datum.