HomeMy WebLinkAboutResolution 2954 . •
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CITY of ORONO
4> G RESOLUTION OF THE CITY COUNCIL
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NO. 2954
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B) AND
SECTION 10.22, SUBDIVISION 1 (B)
FILE #1634
WHEREAS, James and Joan Maus (hereinafter "the
applicants") are owners of the property located at 3700 Bayside
Road within the City of Orono (hereinafter "City") and legally
described as Lot 2, Block 1, Burger's Bayside, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) and Section 10.22 , Subdivision 1 (B) to permit the
construction of an 18'x22' addition to the rear or north side of
the existing residence that will be located 10'6" from the east
side lot line instead of the required 30' and that portion of
addition will be located in front of an average lakeshore setback
line.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1634.
2. The property is located in the LR-1A Single Family
Lakeshore Residential Zoning District requiring 2 acres in
area for each residential lot. The property consists of 5+
acres.
3. The Orono Planning Commission reviewed this application
on April 15, 1991, and recommended approval of the proposed
variances based upon the following findings and hardships:
Side Setback Variance
A) The interior layout or design of the floor plan of
the existing house will allow for an expansion only to
the rear or north side.
B) Architectural design of the structure would be
destroyed if the addition is located at any other side
of the house.
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RESOLUTION OF THE CITY COUNCIL
4`gkESH01" NO. 2954
C) The existing house is located 10' from the lot
line.
D) Lakeside addition would destroy not only the
design, but would allow the structure to encroach
further into an average lakeshore setback area.
E) Expansion to west is restricted because of existing
• septic system.
F) Structure will encroach no closer than the existing
structure to the side lot line.
Average Lakeshore Setback Variance
A) The existing residence structure is located in
front of the average lakeshore setback line.
B) Lots are not platted to the lakeshore but have
separate legal parcels that provide each with riparian
access to the lake.
C) Steep topography to the east will minimize any view
impact upon a future residence.
D) Existing year-round vegetation and topography along
west minimizes impact upon existing residence to the
west.
4. 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
City.
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5. 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 after-the-fact variance on
the health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.23, Subdivision 6 (B) to permit the construction
of an 18'x22' addition to the north or rear side of the existing
residence and per Section 10.22, Subdivision 1 (B) grants a
variance to the average lakeshore setback as portions of addition
will be located in front of the average lakeshore setback line.
Approval is subject to the following conditions:
1. Applicants are placed on notice that if loft area is
converted to a legal bedroom, the septic system shall be re-
evaluated at the time of such improvement.
2. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only
and must be exercised by application for a building permit
within orae year of the date of Council approval , or this
variance will expire on that date (April 22, 1992).
3. 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.
4. 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 chin of
title of the property.
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RESOLUTION OF THE CITY COUNCIL
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4NO. 2954
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 22nd day of April ,
1991.
AT ST:
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F . . by jHa1lin City Clerk Barbara A. Peterson, Mayor
P. operty Owner s
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 22nd day of April, 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.
Aa) —
d THERESA LNAAB
fAHY PUBLIC-MINNESOTA Notary Public
� - HENNEPIN OOUNTY
i
My commission expires 9 8-92
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ,I/r1c1 day of fpr, / , 199
before me a Notary Public within and for said county, personally
appeared J n .ts R , 4 CJ oun�• Maus, alaiv✓',:eo0 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.
n�f G,111.Oti ,0/
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NOTAR ' -
.., THERESA L. NAAB
t '=!" NOTARY PUBLIC- MINNESOTA
`,... ' HENNEPIN COUNTY
-. • my commission expires 9-8-92
MY COMMISSION EXPIRES
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 f oregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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ESOLUTION #2954
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , Minnesota , do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on _ April 22 , 19 91 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
23rd , day of Ap,,i 1 , 19 91
.
'orl'othy M ` allin , City Clerk
(SEAL)
DETRANS ER MITERED
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