HomeMy WebLinkAbout#4272-variances-1999 / �-�--�
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�,� �'� RESOLUTION OF THE CITY COUNCiI.
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� A RESOLUTION GRANTING
AFTER-THE-FACT VARIANCES TO
MUNICIPAL ZONPi TG CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L) (2)
F1I.E #2444
WHEREAS, Brian Schebler and Susan Schebler (hereinafter "the applicants")
are owners of the property located at 1354 Rest Point Circle within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 11, Subdivision of Lot 14, Rest Point Park Lake Minnetonka and Lot 13, Rest
Point Park, Hennepin County, Minnesota (hereinafter "the property"); and _
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held public hearings on March 15, 1999 and April 19, 1999, at which times all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS,' the applicants have applied to the City for variances to Municipal
Zonin; Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit
an after-the-fact variance for a 12'x16' lakeside deck to exceed allowed hardcover in the 75-
250' lakeshore setback. The hardcover is 5,593 sq. ft. (29.9%) where 4,675 sq. ft. (25%) is
allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2444.
2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560
sq. ft. is the minimum lot area. The property consists of .72 acre or 31,200 sq.
ft.
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3. The Planning Commission reviewed this application on April 19, 1999 and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. Much of the existing hardcover on the property could be removed;
however, the rock is not underlain by any impervious materials. Also
the rock located around the driveway protects this portion of the property
from erosion as much of the drainage in the locality follows the slope.
Planting grass would create a maintenance problem as a steep slope
exists.
B. The rock on the lakeside of the home (all outside of the 75'_setback) is
located in an area that does not receive any sunlight, preventing grass
from growing in that area.
C. The gravel parking area located on the north part of the property benefits
the locality as it is used for parking by the homeowners and provides an
area for snow storage. The applicants have stated plowed snow is stored
on their property. Rest Point Circle is a narrowly platted road and no
storage area is available along the side of the street.
D. Existing landscaping and the location of the house will screen the deck
from adjacent property owners.
5. 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:
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
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�,� G'ti RESOLUTION OF THE CITY COUNCIL
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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 and Section 10.56,
Subdivision 16 (L) (2) to pernut an after-the-fact variance for a 12'x16' lakeside deck to exceed .
allowed hardcover in the 75-250' lakeshore setback. The hardcover is 5,593 sq. ft. (29.9%)
where 4,675 sq. ft. (25%) is allowed. Approval was subject to the following conditions:
, 1. The Planning Commission will not look favorably on granting future variances
for additional hardcover on the property. .
2. Authorities granted by this variance run with the property not with the
applicants, but are pernussive only and must be exercised by application for a
builcling.permit within one year of the date of Council approval, or this variance
will expire on that date (April 26, 2000).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, sha11 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 chain of title of
the property.
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�,� G'�� RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this 26th day of April, 1999.
ATTEST:
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Lin a S. Vee, City Clerk Gab 1 Jabbour, Ma or ,
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Properry Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoina instrument was acknowledged before me on this 26th day of April,
1999, by Gabriel 7abbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
��� ���
,° ���' MARY ANN JOHNSON Notary ublic
r., •
:V._. • NOTARY PUBLIC-MINNESOTA
°'P` •s'• My Commission Expires Jan.31,2000
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�,� �,'�F RESOLUTION� OF THE CITY COUNCIL � �
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STATE OF NIINNESOTA )
) ss.
COUNTY OF HE�TNEPIN ) .
On this�Y+/,day of f}-�Q; / , 199�before me a Notary Public within and
for said county, personally appeazed $ �t�a n 5 c{�� b 1 e Q�, m �.2 re i 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.
.Y�M
`���' MARY ANN JOHNSON j
:";`• r.� .
.� . NOTARYPUBUC-MINNESOTA � �
'•..� MY Ca�N�ion Expires,Jan.3t,2000 NOTAR UBLIC - '
STATE OF A�IlNNESOTA ) .
) ss.
; COUNTY OF HENNEPIN ) ,
On this.3o-�h day of �¢of2i / , 199�before me a Notary Public w�thin and
for said county, personally appeared S u s a n S c.fi�b l e� m �
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.
�•��r`�' MARYANNJOHNSON ��
• �• � NOTARY PUBUC-MINNESOTA NOT Y��UBLIC ,
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•,..�•°� MY Opmrtassion Expires Jan.31,2000
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