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Home My WebLink About#3432-variance-1994 e&) (:)41.4 ) CITY of ORONO " RESOLUTION OF THE CITY COUNCIL ` NO. X432 4 ti k3I3CO¢ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE #1925 WHEREAS, Peter Bovee (hereinafter "the applicant") is owner of the property located at 840 Old Long Road within the City of Orono (hereinafter "City") and legally described as follows: The west 277.4' of the east 464.9' of the southeast 1/4 of Section 35, Township 118 North Range 23 West, lying north of County Road 27 (Old Long Lake Road), Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the expansion of the roof envelope over the existing house and construct a deck/bedroom addition, where such existing house is 15.1' from the side lot line where a 30' setback is normally required, and 35' from the front lot line where a 50' front setback is normally required, and such deck/bedroom addition being 29.0' from the side lot line where a 30' setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1925. 2. The property is located in the LR-1A, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 16, 1994, and recommended approval of the roof expansion variance over the existing footprint of the residence based upon the following findings: Page 1 of 5 Form 5005 Disk L 0)C4 °40CITY of ORONO _ 1:**, , RESOLUTION OF THE CITY COUNCIL ,%4NO. 8422 4 ti � ' ' 1 '%\lots s• t09v1,.. E!.SHo¢� A. The existing house location and scope of the proposed improvements does not allow moving the house to meet setback requirements. B. Existing vegetation screening and adequate distances to neighboring residence structures act to minimize any visual impact of the roof expansion. C. Applicant has removed a pre-existing deck and proposes to replace it with a new deck or bedroom addition. The submitted 1976 survey does not match the existing footprint. Absent further information, Planning Commission recommends that only the existing footprint be approved for roof expansion. 4. Applicant has now provided an updated survey confirming that the side setback to the proposed deck/bedroom expansion is 29.0', requiring a 1.0' or 3% side setback variance. The hardship for granting of such variance is the location of the existing house, the fact that a deck previously existed in this location, and that whether this is a deck or room expansion, it is proposed to be roofed, and elimination of said roof portion would be incompatible with the proposed addition. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 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. Page 2 of 5 • Form 5005 Disk 0. O ' OCITY of ORONO O RESOLUTION OF THE CITY COUNCIL p:1.$,:. t.),, 1Vti NO. 3 4 3 2 9kESiog CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit expansion of the existing roof from 3.5/12 pitch to 8/12 pitch over the existing residence and proposed deck/bedroom addition, such existing residence being 15.1' from the side lot line and such addition being 29.0' from the side lot line where a 30' side setback is normally required, and said existing house being 35' from the front lot line where a 50' setback is normally required, subject to the following conditions: 1. Construction shall conform to the plans and footprint as shown on Exhibits A and B attached. 2. Authorities granted by this variance 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 (May 23, 1995). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Form 5005 Disk G .v. 0.4? CITY of ORONO O O RESOLUTION OF THE CITY COUNCIL ‘ eVeti NO. 3 3 , „,l l G~ 4 i~!.V 9kEs80g Adopted by the Orono City Council on this 23rd day of May, 1994. A ' EST: / Vtado,c, / // Dorothy Aff allin, City Clerk Edward J. Call�# an, Jr., Mayor .7_____IN . - ..:. „10.,/....iL(.._ P perty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of May, 1994, by Edward J. Callahan, Jr. & 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. /mac. 4/, /-e--e LINDA S. VEE Notary Public ci,i NOTARY PUBLIC - MINNESOTA `' PENNEPIN COUNTY . 1?,ssicn expires 8-12-96 :_. Page 4 of Form 5005 0;;. •;?. .4i' CITY of ORONO O N O RESOLUTION OF THE CITY COUNCIL 11,k,., , ,,;4 NO. 3452 w STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this c29-111 day of Tu v► P , 199 ki before me a Notary Public within and for said county,personally appeared pe f e r- R . Bo vee, S i vn ic_ 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. 41 ( • 1 CAROLS A. HASEMAN :1,-„„x NOTARY PUBLIC—MWNESOTA ' NOTARY PUBLIC W. HENNEPIN COUNTY MY COMMISSION EXPIRES 62196 ......i STATE OF MINNESOTA ) ) ss. COUNTY 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 Form 5005 Disk I\ , ---- \ / I \ , > ,J z Fl / / ...„, I / J 1 I ,� II , I J J t stN ti' • ,1v� . ...1t� T e. S V-\ �1 t L N 1 1 tra •.%%.1., . I‘ \ \ 1. I , \ \ ''''''.6 / s. I Cm i Li. I , \‘",-. 1, 1 , I X. C- / l t I t I i/ / I k / I I I I V I I 1 t I \ 1 I A ^% .',... :I` 3 4 P 2 �' r2 L 0 L.t,tT/0/-1 CERTIFICATE OF SURVEY FOR PETER BOVEE IN THE SE 1/4 OF SEC. 35-118-23 HENNEPIN COUNTY, MINNESOTA 585-15.060E 277.43 7i to - - - - -- - - - - - - - - - - ' -164.9 - - - - - - - —} F b Pnor se o •'ISS 4 Earf/Geer rco /'O ....›, c.c. 3s-uB-13 r -if r0 S, W / o) ', ' �'� .co 0/^/ ^a. O Y / \p �9 ,i'. N ti / 4R. C? '5's / ,c':' p . /L / \ jQ / -'0o 9 b` LEGAL DESCRIPTION OF PREMISES SURVEYED: The West 277.4 feet of the East 464.9 feet of the Southeast Quarter of Section 35, Township 118, Range 23 Hennepin County, lying north of County Road 27. • Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house thereon. It does not purport to show any other improvements or encroachments. This survey shows the location of an existing house in relation to the east line of the above described prop- erty. It does not purport to show any other improvements / �1 A • or encroachments. @4ZY 2 F-ems(_` No r . INC. I hereby certify that this survey was prepared by me or under my direct super. DATE S 9-94 COFFIN & GIIONBERG r vision,and that I ant a duly registered Civil Engineer and Land Surveyor under al '`t_ Ga Tsge Li:iftnn.land Stomas.i re Maar: . the laws of the Stale of Minnesota. SCALE / 40 `y 7 gt?LmrirailAsemfc•LnnglaAc.MNSil f ' D . e1:-173.413I ,Z��"l,/ •• Mark S.Gronberg Minnesota License Number 12755' -IOu NO. 94..