HomeMy WebLinkAbout#3732-variances=1996 z. , �• , � ,
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b. - C ITY of ORONO
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�� : �,'�' RESOLUTION OF THE CITY COUNCIL
� �9kESH�g'� NO. � 'x � '�:
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C),
SECTION 10.22, SUBDIVISION 2,
, SECTION 10.56, SUBDIVISION 16(L) AND
SECTION 10.24, SUBDIVISION 5(B)
FILE #2138
WHEREAS, Joan and William Wroblewski (hereinafter "the applicants") are
owners of the property located at 630 Park Lane the City of Orono (hereinafter "City") and
legally described as follows:
• Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicants have� applied to the City for variances to Municipal
Zoning Code Sections 10.03, Subdivision l.4(C); 10.22, Subdivision 2; 10.56, Subdivision 16(L)
and 10.24, Subdivision 5(B) to permit the enclosure of an existing concrete block porch to
make it a screen porch, requesting approval of a 33.2' front setback where a 35' front setback
is normally required, and requesting an intensification of hardcover in the 75-250' zone where
existing hardcover is 44.4% where only 25% hardcover is normally allowed, and requesting an
increase in lot coverage by structures from 26.8% to 27.7% where only 15% lot coverage by
st��uctures is nornlally allowed. :
T�O�V, THER�FORE, BE IT RESOLVED by the City Council of Orono, �
Miiuleso�a:
FINDINGS
1. This application was reviewed as Zoning File #2138.
2. The property is located in the LR-1B, Single Family Lakeshore Residential
Zoning District.
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��L ��'� RESOWTION OF THE CITY COUNCIL
� �kESH04 NO. � "� 3 `�
3. The Orono Planning Commission reviewed this application on June 17, 1996 and
recommended approval of the proposed variances on a vote of 7 to 0, based
upon the following findings:
A. The proposecl front setback encroachment of 1.8' for a 23' wide portion
, of the existing house has no significant visual impact in the
neighborhood, and is not inconsistent with street setbacks of other homes
in the neighborhood. � ,
B. The proposal results in no increase in hardcover on the property, and all
extraneous hardcover on the property was removed previously when the
existing concrete and block porch area was expanded in 1990.
• C. The lot is only 10,001 s.f. in area and is comparable in area to other
substandard lots in the neighborhood. The property would normally only
be allotted 1,500 s.f. of lot coverage by structures including house and
garage. The additional 92 s.f. of structure is a 0.9% increase to 27.7%.
The fact that neighboring houses on the east side of the street are quite
distant, results in minimal visual density impact on the neighborhood
caused by the proposed screen porch expansion. Further, there is no
existing structure on the property that could easily be removed to offset
the increased lot coverage caused by the addition.
4. 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. ,
5. The Ci Council fmds that the conditions existing on this properly are peculiar '!
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to it and do not apply generally to other properry 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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�b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
' ��`�.t�E IIp4��'G NO. � �' a`� � -
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above fmdings, the Orono City Council hereby grants variances
to Municipal Zoning Code Sections 10.03, Subdivisions 14(C); 10.22, Subdivision 2; 10.56,
Subdivision 16(L) and 10.24, Subdivision 5(B) to permit the construction of a screen porch
by expanding roof and screen walls over the existing 4'�3' slab, granting variances to allow �
. a front yard setback of 33.2' where 35' setback is normally required, and variances to allow lot i
coverage to increase to 27.7% where only 15% lot coverage by shuctures is normally allowed, I
and allowing an intensification in hardcover in 75-250' zone where hardcover exists at 44.4%, �
subject to the following conditions: �
1. Applicants shall adhere to the plans submitted with Application #2138. Future ;
conversion of this screen porch into an enclosed room (within its existing roof �
and wall envelope) shall not require further setback/hardcover/lot coverage i
• variance approval. ;
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2. Applicants are advised that hardcover in the 75-250' zone is limited to that
amount which was approved previously in Resolution #2811 dated May 29,
1990. The owner is advised that future requests for additional structural lot I
coverage above the 27.7% level are not likely to be approved. �
3. - Authorities granted by this variance run with the property not with the
applicants, but are permissive �nly and must be exercised by application for a
building permit within one yeaz of the date of Council approval, or this variance
will expire on that date (June 24, 1997).
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. �
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 i
assigns, hereby agree to the recording of this resolution in the chain of title of �
the property. �
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��� ��'� RESOLUTION O�ST���,CI�TY COUNCIL
� �kESH�4 NO.
Adopted by the Orono City Council on this 24th day of June, 1996.
A ST: �
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Dorothy M. a in, City Clerk Edward J. C lahan, Jr., Mayor j
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Property Owner(s)
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STATE OF MINNESOTA ) I
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of June,
1996, 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.
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° '•"'• LINDA S.VEE Notary Public
� �y"��,�,�i NOTARYPUBUC-�dINNESOTA
'� °1�;;,;;�° HENNEPIN COUNTY I
`'°M°' h4y Commission Expires Jan.31,2000
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��L, �t,'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a � day of ��,t,� / , 199 � before me a Notary Public within
andforsaidcounty,personallyappeare �"��n M.L�/robl�ewsk� a�ncl hJ,'�1�2w� �, t�rablewsk:�ma��:�e�
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 �
°�����' NOTARYPUBLIC-M�NNESOTA
.,� �.� . //l2� < �..P�J
� .�� My Comm ss oo Exp esU��31,200D
��.����' NO'TARY 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. '
II!
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NOTARY PUBLIC I
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i ' lot 3, �!innetan'� H1�1:lands Est,�:tes.`� � " i -� • �
• • FI�r.nepin County, Minr.o�ota � �
Certificata of Survey: � \ � � �� �� ' �
I hc�reby certiif�j thut this is a trua and corn3�t �� $�.02� _
representacion of a survoy of tlie boundaric�s oi: J : �i�!o:. B o '�., 1
� That part o£ Gutlot 3, h!innet�nka Highlar.ds �statas Q' � ° �Z�= • b,
lyine uithin tha followin�-describad tr�ct: Thst part �Ex:rfi�g r � '
, o C G o v e:n r r�n t L o t 1, >e c t i o n 6, T o u n s h i p 1 1 7 i:o r t n, ,�. ��� �'�9°''O 9° ' ���s��
Ftsn�;e 2? 'ras t oi t tie 5 t h P r inc ipa l ri�r i d i�n, de�cr i be �- lor; , .o, ��:��` �1°
as follous: Co�mancin� nt a pcir.t in tha �'zsterly QQ •/ j�A��l �oc�
line of Pxrk Avenue as platted in "r!innetonka Surur.it �''�'./,_ � / F,o
Park" distant 63 idot Southeasterly, measured alon� �� , � (
said Lir.e, from the Southv�;st co:r.ar of L,ot 12, • o j� �
Hloc!: 9, said Addit�on, vhich potnt is mar`Fed o�' w' °�
by a juQicial landrmrl�; thence East 59.? feet � �� � �y/
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on a line aL ri�,ht anglas with the �ast line of ' �GE�► a�.,� a
said Lo� 1 to a pnint mnrked by judicial land- '•. .� �� � a �;
mark; thence South at ri�;ht an�las 1L,�.9 fAet , � � �X%��y � � � � I
to a point marlcad .by �udici�l landm�r's; gi3� � • '' l,o�.r� �
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thence South 72°�2' West a di�tance of �.28 �S� -
feet to a pc�int m�rked by judir..ie.l luncR�rk; �" �. � . I
thence deflactinP to the right L,b°43' � \ '`°� -`'> �` � �
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distance of 9� feet to a point in tl;e 9_ :', �
Easterl;� line of sai�? streat, which point `'"%�`�`�7• `• � �* " ,��a-
ie marked by judicial landmtirk; thanra de- /..�,f•-_���-__, ` ?g'" 4��y
flectinti tc the ri�;ht 78°3a' slong the 'r',asterly . '• � ►�'3�m �.
• lina of said Park �ver,ue a diat�.nca of 1G1 fAet to the / �; ,1.. .� ` �_��,,� �Q8,
point oi ba�innin�;, vhich point is �nrirkad b}� �udicial landmark; ;_'•� ' �.•••� ��'
� That �art of Outlo�t 3, Minnetonka H�bYL13IICS �'states, lying : j�'j'
within th� �'ollouing descrihed tra�t: Thst part oi C�vernment Lot 1, •
Section b, To�rnship 117, Ran6e 2?., de�cr•it�ad as commencing at a point on tne East line
of s:sid Governi;�nt Lot 1, dietant l�lt feet South from the IJortheast corner of"said " '"'
Governmant Lot 1; then�a West, at ribht an�les to said �ast Iine, 611 feat to �hE �ast-
erly line of Park Avenu�, as said avenue is �ho�r on the plat of "t�Snnetonka Summit
Park"; then�e Soutl:uestari� alon�; the 'r'astarl;,r lir.c: of sr�id °aric Avemie a di$tanee of
63 feet to thG ac.t�1 point of ba�,inr.in�I, �hic� Doint is �rk.eci by � Ju�'icirsl. i�4n��4�'k . .
set pursuant to iorrens Case T:o, 119??; thence East alon� s line perpendicular to the
East line of said C�vernment Lct 1 a diate�ncu of 55.� feet, which �oint is m�rked b� a
. Judicial Lsndcnr�rk set pursuant tc Torrens Casa i:o. 1147�f; thence North at a ri�ht��angle
10 faet; thence Wast at a ri�ht an�*lc to the Easterl•i line of said Park Avenue; thence
Southwesterl;r alonF :�aid r�astbrly lina to the point of beginning,
And the location of all existin� buildir_gs tF:ereor.. It does not purport to show
othsr improve�r�nts or encroachnents. •
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� Scale: l�' = 40� �
I}ate : 8--1G-76 Ciordan R. Coffin Ra�,, i:o, 6064
o . Iron mhrker L,and ;.ui-veyor and Plannor �
0 . Judir.iai landrssrk Lon�; �ke, Minneaota
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