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Home My WebLink About#2936-variance-1991 # � . �' �1V' O r;�;a O ��- CITY of ORONO a �� .��.� �, `.1� b{��,,`:: � � �� Yi .6, � RESOLUTION OF THE CITY COUNCIL ��d �r�'rr�.g,�G NO. 2 9 3 5 ES�I A RESOLDTIOP GRAIITING AN AFTSR-THIt-FACT VARIANCE TO MIINICIPAL ZONING CODB SLCTION 10.22, SIIBDIVISIOP 2 (A) FII.E #1609 1 WHEREAS, Alice L. Brock (hereinafter "the applicant") is the owner of the property located at 2780 Shadywood Road within the City of Orono (hereinafter "City") and legally described as Tract B, Registered Land Survey #1196, Hennepin County, Minnesota (hereinafter "the property"); and T�1H$REAS, the applicant has applied to the City for an after-the-fact variance ta Municipal Zoning Code Section 10.22, Subdivision 2 (A) to permit a 12'x32' deck at 384 s.f. that replaced a former 10'x28' deck at 280 s.f. resulting in a net increase of hardcover of 104 s.f. where 31.7$ hardcover already exists within the 75-250' setback area where only 25$ is allowed. The second phase of the variance application involves a request by applicant for a 4'x48' second story deck along the east side of the house at a total of I95.2 s.f. of additional hardcover within the 75-250' setback area. The comprehensive application involves approval of an increase of 299.2 s.f. or 1.79$ of structural hardcover within the 75-250' setback area. NOT�T, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIPDINGS 1. This application was reviewed as Zoning File #1609. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area f or each residential lot. The property consists of 17,544 s.f., exclusive of 1,030 s.f. for an access drive serving adjacent residence for a net area of 16,714 s.f. 3. 5,201.2 s.f. or 31.7$ hardcover exists within the 75- 250' setback area. Structural and non-structural hardcover is determined as follows: Pa ge 1 of 6 � ' ' O . � � O ��,� O 1 �� CITY of ORONO � �� ;� �I `�'+� � �Y .�,e�;� �'Il G�' ! RESOLUTION OF THE CITY COUNCIL �'�`q ''`'`�``��,g.�, 2 9 3 5 kESS� N�. Existing Structural = 2,507 s.f. or 14.9$ Existing Non-structural = 2,694.2 s.f. or 16.1$ 4. The current app lication involves the request for an increase of structural hardcover at 299.2 s.f. or 1.79$. � Applicant proposes the removal of 376.2 s.f. or 2.25$ of non-structural hardcover resulting in a net reduction of 1.1$ hardcover within the 75-250' setback area. 5. The Orono Planning Commission reviewed this application on February 19, 1991, and recommended approval of the after- the-fact variance based upon the following findings: A) The reconstructed deck meets all the required setbacks. It does not restrict the lake views of the adjacent residences, nor does it encroach the average lakeshore setback line. B) The second level lakeside deck provides a secondary means of egress from the split level residence. C) The proposed improvement will not result in an increase of hardcover within the 75-250' setback area as applicant must remove an equal amount of non- structural hardcover within the 75-250' setback area. The Planning Commission denied the request for the 4'x48' second story deck along the east side of the residence finding that applicant had not provided acceptable hardships to support approval of the additional variance. 6. The City Counci 1 f inds 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 applicant, but is necessary to 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. Page 2 of 6 ` � • O . � � O �� O �� , C ITY of ORONO � '� `�)�'� � � �. �^�Y� �••Q(t� � . � '�' RESOLUTION OF THE CITY COUNCIL �`�kEsII�4��'G NO. 2 9 3 5 7. The City Council has considered this application including the findings and recommendations of the Planninq : Commission, reports by City staff, comments by the applicant and the effect of the after-the-fact variance on the health, safety and welfare of the community. � CONCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 (A) to permit a 12'x32' deck constructed without a building permit and denies applicant's request for a 4'x48' second story deck and approves an access stairs from second floor bedroom limited to 50 s.f., subject to the following conditions: 1. Applicant shall remove 376.2 s.f. of non-structural hardcover within the 75-250' setback area as shown on Page 6 of this resolution, resulting in net hardcover of 4,979 s.f. or 28.88 wi�thin the 75-250' setback area. 2. Applicant shall obtain a building permit for deck constructed without a building permit and Council has waived payment for penalty fees for building permit and land use application. 3. Authorities granted by this resolution run with the property not with the applicant, 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 11, 1992). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 , Y .� � � • � O� O k U�1`� O �� CITY of ORONO � ��- ,� �. �, t�� . ,-�:� �, ,� /�' ,,ti. ,a G'y RESOLUTION OF THE CITY COUNCIL ��kESI;�� N O. 2 9 3 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of March, I99 ATT T: . . ` Ir�.�t'Lk.�'��eJ �^ ` ��:..e%f�'7t� � , o hy M. al in, City Clerk Barbara A. Peterson, Mayor rop wner s STATE OF MINNESOTA ) ) ss. COUIvTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of March, 1991, by Barbara A. Peterson & 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. //� , . �q�PUBUa4M NE�7A HENNEPiN��.9z �I.EC-�`ui""� � f�l� - �ny�"'Sf10" Notary Public Pa ge 4 of 6 r � e • � � O� � .�; � �� - CITY of ORONO � �� . r y. .�ia,� � �� G'�' ,�' RESOLUTION OF THE CITY COUNCIL t•q t ' �i� g,�' � NO. 2935 k'ES�I� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s ��`�' day of I�� 19 9 � f ersonal� before me a Notary Public with� and or said county, p Y appeared �-/,�� . rr� J� ��''F� 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) f ree act and deed. ' THERE8A L NAAB J,�,Q� G�/�- ��y pug�,�p.MINNESOTA �HEN�� NOTARY 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) f ree act and deed. NOTARY PUBLIC Page 5 of 6