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Home My WebLink About# 3389 - variances-1994 �: �,�: �� ' � CITY of ORONO O .,� O • � �'�� '-� RESOLUTION OF TI� CITY COUNCIL r� ��'�' 1 ,'ar ,� � �� x�� , .. N0. I�i a� g v� ti �� o¢�G ESS A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A) AND 2 FILE #1897 WHEREAS, R. Hunt Greene and Jane E. Piccard (hereinafter "the applicants") are owners of the property located at 865 Partenwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 2, Partenwood, 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 1 (A) and 2 to permit the construction of a 650 s.f. garage and storage addition to the south side of the existing residence to be located 39' from the channel at the east side of the property where a 75' setback is required and 50' from the Maxwell Bay shoreline where a 75' setback is required and a hardcover variance in the 0-75' setback area where 4,497 s.f. or 9.77% exists and where 5,066 s.f. or 11% is proposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDING5 1. This application was reviewed as Zoning File #1897. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 46,000+ s.f. 3. The Orono Planning Commission reviewed this application on January 18, 1994 and February 22, 1994 and recommended approval of the proposed variances as . amended based upon the following findings: � Page 1 of 5 � Fam 5005 Dlsk Omno _ � . j . � O� O . O CITY of ORONO • ± ��$?� '-"� RESOLUTION OF THE CITY COUNCIL e. - � r� ' ..,�, 7�� (� t� � � n,{'� �C� 1\�. �'-V�V �� ` .� G~ �`�kESBOg'� A. The lot was platted and developed prior to current lakeshore development ' standards. B. 94% of the lot area is within the 0-75' setback area where no hardcover improvements are allowed. C. The property is surrounded by shoreline on three sides. D. The existing house is located 46' from the channel shoreline and 68' from the Maxwell Bay shoreline. E. The City approved a 42' setback for a two story addition to the shoreline of Stubbs Bay in 1986. F. In 1983 the City approved variances for a proposed garage addition that • would be located 39' from the channel shoreline and 65' from the undetermined shoreline of Maxwell Bay. Total hardcover was approved at 5,076 s.f. or 11%. G. The house has no basement. H. The addition will have no affect on the lake use of neighboring properry owners and will not be visually perceived as a widening of the house when viewing from the lake. I. The existing house is located less than 75' from the shoreline on all three sides of residence. J. Structural coverage is proposed at 5.3% where 15% is allowed. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properry in this zoni.ng district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properry; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or di�culty; is necessary to preserve a substantial property • Page 2 of 5 ramsoos o��om�o � °� _ , O . O CITY of ORONO • �3`e�=� RESOLUTION OF THE CITY COUNCIL r� �+� 1' `' J� ,�, � � :d�;� �ti No. r�3 3 8 � �� o¢�G Es�i ' right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. ' S. 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, Subdivisions 1 (A) and 2 to permit the construction of a 650 s.f. addition to the south side of the existing residence to be located , 39' from the channel shoreline and 50' from the Maxwell Bay shoreline resulting in a total hardcover of 5,066 s.f. or 11%, subject to the following conditions: � . • 1. All hardcover scheduled for removal must be completed prior to the final inspection for new construction by the Orono Building Inspector. 2. The area or footprint of the addition shall not exceed 650 s.f. of hardcover. Overhang on new addition shall not encroach further into approved 39' setback from channel shoreline, overhang along Maxwell Bay, shall be 2'/z' and at southwest corner shall encroach no further into approved 50' setback and overhang shall be 4' along the west side of the structure. 3. Authorities granted by this variance 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 (March 14, 1995). 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 assigns, • Pa e 3 of 5 g r«msoas o��ao�o . �, o � -. . O � �' CITY of ORONO O :,� O . . � � � `e�-� RESOLUTION OF THE CITY COUNCIL '� `1 ��1 y�� , N0. �7 � S � . '�,� :, a, Gti , ��ES�I�g'� ' hereby agree to the recording of this resolution in the chain of title of the property. . Adopted by the Orono Ciry Council on this 14th day of March, 1994. ATTEST: � �� -�or ' , ' k ard J. all. 'an, r., ayor Liiv��+ S, V�C, pCPury Ctcre.�c � �- � f�-/� e E. Piccard R. Hunt Greene Property Owner(s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument�vaNQCknowle�d before me� n �s.�,4th day of March, 1994, by Edward J. Callahan, Jr. & . , Mayor & �'i��erk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN O� PLIUIIC NOTARY PUBLIC--MINNESOTA HENNEPIN COUNTY . � MY COW?AISSION EXPIRES&23�96 • � Page 4 of 5 Form5005 DiskOrono . . . .� -. . ,.�. � ��' CITY of ORONO O O • ' �`�,e�=� RESOLUTION OF THE CITY COUNCIL � ��. ,,.,; . A+ ,�, � � d�� ti No. �$ 3 8 � Y � �� o¢�G Es8 � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /'�`F� day of ��v�c� , 199� before me a Notary Public within and for said county,personally appeared � J.�,, (.;re�h P n�� r,� �• �'�r.crd. �� h,� �U�.�'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. �. CAROLE f1 H;��;".'AN � � �� '• NOTAAY{�U^,LI.^.—!.:.\?: 'OTA •��(,��c( � 1�1�Z :lc� J HENNEPI�1 CC�:I�� NOTARY PUBLIC - MY CAM�AIG�ICY E::?iR=� � 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 � Fam5005 DiskOrono