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Home My WebLink About#4536-variances-2000 . .. <,• �- � O� � O O ��b. - C ITY of ORONO � ti � G'ti RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � � � � � A RESOLUTION GRANTING VARIANCFS TO ORONO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.22, SUBDIVISIONS 2 AND 1 (B); SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.56, SUBDIVISIONS 16 (C) (6) AND 16 (I.) (2) FILE NO. 2619 ' . WHEREAS, Paul Aasen and Denise Aasen (hereinafter the "applicants") are owners of property located at 577 Park Lane in the City of Orono (hereinafter the "City") and legally described as follows: ' Lot 12, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter the "property"); 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 3,170 s.f. (55.1%) hardcover in the 75-250' lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed; Section 10.24, Subdivision 5 (B) to permit a structural addition 6' from the north property line where 10' is required; Section 10.03, Subdivision 14 (C) to permit structural coverage greater than 1,500 s.f. where 1,881 s.f. of structure exists and 1,881 s.f. has been requested; and Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B) to permit an encroachment into the average lakeshore setback for the family room addition where the deck is located and to allow improvements to the screen porch. . WHEREAS, the Orono Planning Commission reviewed this application at a public hearing held on September 18, 2000; and NOW, THEREFORE,.BE IT RESOLVED by the City Council of Orono,�Minnesota: FINDINGS . 1. This application was reviewed as Zoning File #2619. � Page 1 of 6 r � • /�� /� O� • O O ��b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL �i`9.kE Hp4��'G � NO. � � � � � S � 2. The property is located in the LR-1B, Single Family Lakeshore Residential District requiring a minimum lot size of 43,560 s.f. The property is 9,500 s.f. in area. 3. The Planning Commission reviewed the request and recommended approval by a vote of 7 to 0 to approve variances subject to the total structural coverage not exceed 1,881 s.f. based on the following fmdings of fact A. The property cunently contains a house and detached garage that � exceed the 25% hardcover limitation and 1,500 s.f. structural coverage limitation. The total hardcover is being reduced by 179 s.f. by , removing a portion of the existing parking area and driveway. The structural improvements would replace existing structure. . � B. The mud room would, encroach 4' into the setback along the north • property line, which encroaches less�than the house located 2.4' from , the property line. � C. The property was developed prior to the adoption of the zoning ordinance and does not meet the one acre minimum lot size and does not have the 140' required lot width at the structure setback from the � 929.4' lakeshore setback. • 4. 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 variances on the health, safety and welfare of the community. 5. The 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 requested variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, btit is necessary to � Page 2 of 6 ' '' �� 0� • O O ��b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL . �9kESS�4��' NO. 4 5 � 6 � � � 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. CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono City Concil hereby grants variances to�Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to pemut 3,170 s.f. (55.1%) hardcover in the 75-250' lakeshore setback, where 3,349 s.f. (58.2%) exists and 1,436.5 s.f. (25%) is allowed; Section 10.24, Subdivision 5 (B) to permit a structural addition 6' from the north property line where 10' is required;. Section 10.03, Subdivision 14 (C) to permit structural coverage greater than 1,500 s.f. where 1,881 s.f. of structure exists and 1,881 s.f. has been requested; and Section 10.56, Subdivision 16 (C) (6) and Section 10.22, Subdivision 1 (B) to permit an encroachment into the average lakeshore setback for the family room addition where the deck • is�located and to allow improvements to the screen porch subject to the following conditions: 1. Improvements shall be in conformance with to the site plan provided by the applicants and attached to this resolution as Exhibit A. Any future revisions to the site plan which change the location or size of the house footprint, or which result in additional hardcover will require additional review. 2. Applicants shall work witli neighboring property owners and with the City to establish suitable drainageways so that the applicants' construction has no �� negative impact on adjacent properties. 3. Authorities granted by this resolution run with the property not with the � � � � owners, but are permissive only and must be exercised by obtaining a building � permit within one year of the date of Council's approval; or the special conditions of this resolution will expire on that date (October 9, 2001). 4. 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. • � Page 3 of 6 , � �— � O� • O O •6. - CITY of ORONO � �, . '� RESOLUTION OF THE CITY COUNCIL ��kE p4�'� � NO. � � � � � sx 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. � Adopted by the Orono City Council on this 9th day of October, 2000. � ATTEST: �� l/-Q.2.� Lin a S. Vee, City Clerk Ga riel Jabbour, Mayo . ��t-�.. � ��C • Property Owners � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) _ The foregoing instrument was acknowledged before me on this 9th day of October, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the Ciry. � HEIDI N.Sl'URMAN ' . . . . aoR�+rw�euc•�r� �COR""�''�"�'�''31'� Notary Public • ' Page 4 of 6 � � • /� /� �11�' r O O ��b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`qI�E p4�'G NO. 4 � e� s � �sx STATE OF MINNESOTA ) ) ss. , COUNTY OF HENNEPIN ) On this 1 B�ay of (i-{f�.1�' , 20 c�d before me a Notary Public within and for said county, rersonally arreared u� �cl�en vv � _� 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. FIEIDI N.STURMAt�1 . 1�ca�iia�ion Expires�g�� ' ry Notary Public STATE OF MINNESOTA ) � . ) ss. � COUNTY OF HENNEPIN ) On this �`7�ay of , 20(� before me a Notary/Public within and for said counry, personally appeared �eh,^� f9-��} m�d��c�1 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 i Page 5 of 6 , , ,. � �. - . /�— • • /� �11�'� . . . • � � � � � � � . ��b. - . CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��9kE H�4�G � � , NO. � l� � ^� � . . S E�chibit A � CERTIFICATE OF SURVEY FOR ' � PAUL AASEN OF��LOT 12, Bl�OCK 6, MINNETONK.A� SUMMIT PARK ' HENNEPIN COUNTY, MINNESOTA ,z � . � � �0 � ' - e�`�j`�GNO�s�':�° �?� � � �' 4 ,66�, .. :::�,. � ' ,,y�1 • t� � � '� '� �ao'""`s'' P . �E a►;... ' � � � � � E�sY°�� ......^••r' C� O �3,�6 ... y; ;� � ,,?.....� ` � ....�9;N .._;.. >, �X��C�G SE,ao ..r..... ...��st��; f. c�' S �.'�� :�PRpGE �' `� ,••� , � G� _'. T� • ; ....�G�CRETE = Tf 2V . 9)�9� � y�y�L9a� F �n Q� e �AUR DOOR r_ ` �' Q � � (9xa.� i\� �'``� .`.. �.ap'wa .. � r suRVe.c-9��ro 1,,,�' � :� c9�, ,:. �5��6 ,z q � � �� cosl� .d• . � � � •�� 75'Ser� ;;� . �X .�G � � � \\o� w' `S��US� � g� ,, �y s -�3°0�� y -� _ � � �orA� ''�_._.._.... 1 `� fn� g3. O19:1�) � . . . , � � . � . � ' . . . � , . - LEGAL DESCRIPTION OF ?4cMISES : Lot 12. Block 6, Minnetcr,kc Summit Park • .Page 6 of 6 �