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Home My WebLink About#3452-variances-1994 �l ° O . � �' CITY of ORONO � ��3..� � � . • .�� RESOLUTION OF THE CITY COUNCIL r� ��' ~' �? � ,�, � �, b�� ti rro. � 4 5 2 t, �, ti ��9� og�G ESI; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, � SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.56, SUBDIVISION 16 (C-2) FILE #1938 WHEREAS, Douglas Lee Olson and Karen Olson (hereinafter "the applicants") are owners of the property located at 537 Park Lane within the City of Orono (hereinafter "City") and legally described as follows: � Lots 6 and 7, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicants llave applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.24, Subdivision 5 (B) and Section 10.56, Subdivision 16 (C-2) to permit construction of a new principal structure to replace the existing structure on the property. The new development will require the following variances: 1. Lot area variance Required = 43,560 s.f. Existing = 19,026 s.f. - 2. Lot width variance Required = 140' Existing = The property measures 101' at the lakeshore, at the 75' lakeshore setback and to the rear of the street yard. 3. Street setback variance Required = 35' Proposed = 6'. The existing residence is 13' (structure will be 42' from traveled road). � 4. Hardcover variance within 75-250' setback area Setback area = 11,397 s.f. , Allowed = 2,849 s.f. or 25% � � Proposed = 3,020 s.f. or 26.4% 5. Bluff setback variance • Required = 30' , Proposed Principal structure = 10' (existing principal structure is 13') , • Proposed Deck = 8' . Page 1 of 6 Form 5005 IXsk Orono 1 . a � � O� 0 . � CITY of ORONO • �� e�-� RESOLUTION OF THE CITY COUNCIL �, ��', `�� , No. �� -2 ti '�'�9� og�G ESH NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #1938. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The subject property consists of 19,026 s.f. or .44 acres. 3: The Orono Planning Commission reviewed this application on June 20, 1994 and July 18, 1994 and recommended approval of the variances as amended based upon the following unique findings and hardships: • A. The severe slope and bluff areas of the property have limited the building envelope to 30% of the total lot area. B. The corner of the attached garage will be located 6' from the street lot line at 42' from the traveled road. The existing residence is located 42' from the traveled. C. Dedicated right-of-way for Park Lane is 80'. The City requires a 50' right-of-way for residential roadways within the City. Park Lane will never be developed at an 80' width. D. All runoff from developed residence structure will be directed towards street and away from the steep slopes to the lakeside of the residence. E. Hardcover within the 0-75' setback area has been reduced from 3.5% to 1.8%. F. The proposed improvement would be consistent with the existing improvements of the properties to the irnmediate east and west of the property. � • Page 2 of 6 r�wos o��oro�o � o� O : O CITY of ORONO • �'�`e�=� RESOLUTION OF THE CITY COUNCIL r� ��' ' �► ,�, � �', '�� ti No. � 4 5 � � 1 � �� g�G �E3�rI� G. There is no land adjacent to this property for applicants to acquire. � H. The property has been assessed for sewer and there 1�as been a principal residence on the property for more than forty years. I. The City has received no negative comments from the adjacent neighbors notified of the variance request. . J. The steep lakeshore banks will minimize impact of structure upon views from lakeshore. � - 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. 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 proposed variance on the health, safety 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; Section 10.24, Subdivision 5 (B); and Section 10.56, Subdivision 16 (C-2) to permit the construction of a new principal structure on the property granting a 171 s.f. or 1.5% hardcover variance within the 75- 250' setback, lot area variance of 24,534 s.f. or 56.3%, a 40' or 28.5% lot width variance, a 29' or 83% street setback variance and bluff setback variances of 20' for the principal structure and 22' for the deck. Approval is subject to the following conditions: • ' Page 3 of 6 � Fmm 5005 Disk Oron , , . , � �1V' I O :. O C TY of ORONO • �$��e�'-=� RESOLUTION OF THE CITY COUNCIL �, �� `�a'� �, No. � 4 5 � , Y � '��`9�t' Og'�G E3II 4 1. All existing hardcover improvements scheduled for removal must be completed prior to the footing inspection for the new construction. 2. Construction of the lakeshore access stairs shall be subject to the standards set forth in Section 10.56, Subd. 6; stair structures within lakeshore yards require building permits from the City of Orono. 3. All construction and land alterations on the portions of the property that contain severe slopes and bluff areas shall be subject to pertinent sections of Section 10.56 of the Municipal Code that deals with vegetation removal and erosion control. 4. Applicants shall provide detailed grading and drainage plans defining how drainage is to be directed towards street. No alteration of the top of the bluff will • be allowed. All drainage improvements (swale) must be installed within 10' setback area. Prior to any land alteration or building construction, the top of the bluff defined at the 982 elevation shall be designated by snow fencing or other suitable fencing as no land alterations are approved beyond that line. Erosion control shall be installed prior to any land alteration on this properry. Applicants shall contact City staff to confirm installation of fencing and erosion control before a building permit can be issued. , 5. 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 one year of the date of Council approval, or this variance will expire on that date (July 25, 1995). 6. 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. r 7. 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 4 of 6 Fam5005 UiskOrom � . .�� , � ��' ITY of O . O C ORONO • "`�'��'"�"'� RESOLUTION OF THE CITY COUNCIL � ��, �� , NO. � � � � Y � '��9� , og�G EsK Adopted by the Orono City Council on this 25th day of July, 1994. ATTE : � oro y M. H , City . lerk Edward J. Ca ahan, 7r., Mayor Gb Prop Owner(s) . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of July, 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. G�� . U�C-e� =r`U LINDA S. VEE Notary Public NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY � My commisslon expirea&12-88 • 6 Page 5 of Fam 5005 Oisk Orona ..� 1� .Y� � . � ��' ITY of ORO O O . O C N • �\��'ye�"� � RESOLUTION OF THE CITY COUNCIL �! � ' - ,� �+1 �, �.��` �, N0. � � i � ; ti, �� og�G E38 STATE OF MINNESOTA ) " ) ss. COUNTY OF HENNEPIN ) � On this ,�5� day of J Lt � , 199 before me a Nota Public within and for said county,personally appeare Q o cc Q S s ri a.rr`e known to me to be the person(s) described in nd who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. � ,� U.�� NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • On this �3�day of �C��/ , 199�before me a NoYary Public within and for said county,personally app reea d /�u�'en D/so n � f')'1Q�'/'•'�l� _ 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. . LINDA S. VEE � � �/ � No HENNEPIN COUNN TA U �. My commission expires&12-98 NOTA.RY PUBLIC 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 6 of 6 . � Fam 5005 Oisk don