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Home My WebLink About#3021-variance-199111 • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3021 A RESOLUTION GRANTING AN AFTER -THE -FACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1669 WHEREAS, John W. Walker (he'reinafter "the applicant") is the owner of the property located at 1310 Spruce Place within the City of Orono (hereinafter "City") and legally described as follows: Lots 7 and 8, Block 10, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after -the -fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a second story addition and deck additions to an existing residence, such additions comprising hardcover in the 75-250' lakeshore setback zone in excess of the 25% hardcover normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1669. 2. The property is located in the LR -1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 19 and September 16, 1991, and on a vote of 3 to 2 recommended approval of the proposed after -the - fact variance based upon the following findings: A) Based on information supplied by the applicant, hardcover on the property prior to 1975 included 14.1% in the 0-75' zone and 31.2% in the 75-250' zone. Since that time, hardcover on the property increased to 18.7% and 50.6% respectively. These hardcover increases consisted mainly of lined landscape beds and a brick patio area. Retaining walls were also constructed to stabilize the steep lakeshore bank. All of this work was done without City review or approval. Page 1 of 6 • • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3021. B) After having discussed the proposed second story addition with the building inspectors, applicant's contractor with applicant's knowledge proceeded with the construction project, apparently under an incorrect assumption that it was possible to eliminate enough hardcover to meet Code requirements.. When the building -inspectors found the work underway, a'Stop Work Order was posted. This work was found to be occurring approximately 1 week after application for hardcover variance was submitted.. C) The applicant has agreed to remove lining materials from all landscaped beds on the property, and further has agreed to remove a currently existing portion of deck encroaching into the 0-75' zone where no structure is normally allowed, and has agreed to remove a large portion of brick patio located in both 0-75' and 75-250' zones, and is reducing portions of sidewalk in the 75-250' zone. The net result of such hardcover removals is a decrease in hardcover from the pre - 1975 level of 14.1% to a proposed level of 7.2% in the 0-75' zone, and from a pre -19,75 hardcover at 31.2% in the 75=250' zone, down to 30.4% proposed. The proposed hardcover removals exhibit a good faith effort on the part of the applicant to reduce hardcover as much as possible without having a negative impact on the use of the property. D) The Planning Commission rejects the applicant's argument that actual hardcover percentages can be reduced based on the existence of an inground drainage absorption system, because the capability and reliability of that system has not been adequately demonstrated. 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 after -the -fact variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply Page 2 of 6 • ITEM Shed Brick Steps Brick Patio Retaining Wall Concrete Steps Brick Steps Steps Part of wood deck Landscape areas w/landscape cloth TOTAL S.F. 7025 PERCENT • CALCULATION FOR 0-75f APf'P-DvON PRE 75 PRESENT 4xR0,P9SE9- 97 97 97 60 60 60 250 340 90 63 88 88 114 114 114 48 48 48 12 12 12 38 38 0 310 520 0 992 1317 509 14.12% 18.7% 0 5 RESOLUTION #3021 CALCULATIONS FOR 75-2501 U�t�.�• rnu.trtr �t?r �t' Pc V 4 'n '=& Z10 0 �\ FM'() in i'Cnrpl r, v r �!K ts11 m -- Pxrx,- Fnurr.'Zn 1--f- -t,lwr c •azo g - Info' 11'�co ! nll � - • •I JahN I- Pqf IWAIkee �� r -loom 1310 Sp,•v�e �rr_Zor + 0-010 Page 3 of 6 A9 ITEM PRE 75 PRESENT House 787 787 882 Garage 590 590 590 Brick walk 44 44 44 Sidewalk 308 195 163.5 Retaining walls 0 19 19 Deck 262 262 296* Driveway 2300 2300 2300 Entrance Stoop 113 113 0 Landscape with cloth or plastic 0 2740 0 Steps 9 9 9 Brick Patio 0 96 0 TOTAL S.F. 4413 7155 4294.5 PERCENT 31.2% 50.6% U�t�.�• rnu.trtr �t?r �t' Pc V 4 'n '=& Z10 0 �\ FM'() in i'Cnrpl r, v r �!K ts11 m -- Pxrx,- Fnurr.'Zn 1--f- -t,lwr c •azo g - Info' 11'�co ! nll � - • •I JahN I- Pqf IWAIkee �� r -loom 1310 Sp,•v�e �rr_Zor + 0-010 Page 3 of 6 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3021 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants an after -the -fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of second story addition and deck addition to the existing residence, such additions constituting hardcover in excess of the 25% hardcover normally allowed in the 75-250' zone, subject to the following conditions: 1. Hardcover in the 0-75' zone is approved at a level of 7.2%. Hardcover in the 75-250' zone is approved at a level of 30.4%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 3. Said diagram depicts the existing hardcover areas that must be removed. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing -hardcover scheduled for removal as a condition of this resolution must be removed prior to continuation of any work on the construction underway. 2. Prior to any further work on this project, applicant's contractor shall obtain an after -the -fact building permit. Further, applicant shall pay the after -the - fact investigation fee for the variance application, in the amount of $175.00. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3021 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 (September 23, 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, shall 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 himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the by of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of September, 1991. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN z4awc_A) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23rd day of September, 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. • LINDA S. VEE NOTARY PUBUC - MINNESOTA (/ HENNEPIN COUNTY Nota Public My commission expIms 8-12.0 y Page 5 of 6 • n I, J 0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3021 On this A 5--A day of 199 before me a Notary Public within and,for said county, personally appeared e%N , W oul Ke.r -50/-P- p cin 8-K'- known ev`known to me to be the person(s) aescribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VE& NOTARY PUBLIC - MINNESOTA U HENNEPIN COUNTY ` My commission expires &12.86 NO ary Public S E: )ss. COUNTY OF HENNEPIN ) On thi s 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 .: 6 . of