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Home My WebLink About#5205-variances-2004 � .� 0.1� ., O 4 • � � C ITY of ORONO a -.. , � ti ti RESOLUTION OF THE CITY COUNCIL ��`9 g'�'G NO. � � �' � . kESII� A RESOLUTION GRA.NTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISIONS (1), (2) & (3) and - SECTION 78-1288 SUBDIVISION (A) FILE NO. 04-3026 � WHEREAS, David R. Pomije and Joann Pomije, husband and wife (hereinafter "the applicants") are the owners of the property located at SO1 Tonkawa Road within the City of Orono (hereinafter the"City") and legally described as follows: � Attached as Exhibit A, (hereinafter the"property"); and ' WHEREAS, the applicants have made application to the City of Orono • for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision(1)to allow re-construction of a lakeside deck 39' froin the OHWL of Lake Minnetonka where 75' is � normally required and 39' was approved in 1992; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision(2)to allow re-construction of a lakeside deck located 5' from the top of the bluff where a 30' setback is normally required; and � WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision(3)to allow re-construction of a lakeside deck to be located within the top of the bluff impact zone where no structure,buildings, or hardcover is permitted; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow hardcover within the 0-75' setback zone from the OHWL of Lake Minnetonka at 11.2% (13.2% including the stair to the lake) where 0% is normally allowed and 11.2% was approved per Resolution No. 3191 in 1992, in order to rebuild a lakeside deck. NOW, THEREFORE $E IT RESOLVED by the City Council of Orono,Minnesota: • . Page 1 of 5 . � O� � , � � O � • �_ � CITY of ORONO � � ti �'� G�' RESOLUTION OF THE CITY COUNCIL ��kEsl�Og'� � NO. �� . FINDINGS � 1. This application was reviewed as Zoning File#04-3026. 2. The property is located in the LR-1B, Zoning District which requires a minimum lot area of 1 acre and a minimum lot width of 140' at the shore and 75' setback. The applicants' lot is 3.6 acres in area and 390'f in width at the shore and 75' setback. 3. The Planning Commissioii reviewed this application at a public hearing held on July 19, 2004 and recommended approval of variances based on the following findings: a. Over half of the existing home is located within 75' of the OHWL of Lake Minnetonka. • . b. Approximately 6% of the total stnzcture and hardcover on the property is within the 30' bluff impact zone. c. Per Resolution No. 3191, approved in 1992, the property was granted a • hardcover .variance for the 0-75' setback zone of 11.2% for construction of home additions. d. The proposed deck will not encroach any further into the lake setback than the existing approved deck. e. The proposed deck will not encroach any further into the bluff setback than the existing approved deck. f. The proposal will not increase hardcover levels within the 0-75' zone above the levels approved in Resolution No. 3191 approved in 1992. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances 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 generally to other property in this zoning district; that granting the variances would not adversely affect traffic Page 2 of 5 � �� O � 0 . • �� CITY of ORONO � � - � . F ��l �Gti RESOLUTION OF THE CITY COUNCiL `9kESI'iOg' NO. e5 � � e� � 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 inteiit of the Zoning Code and Comprehensive , Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS . Based upon one or more of�the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1279 Subdivision 1, 2, and 3 and Orono Municipal Zoning Code Section 78-1288 Subdivisioii A to allow the re- construction of a deck 39' from the OHWL where 75' is required, 5' from the top of the bluff where 30' is required, and hardcover within the 0-75' setback zone of 13.2% (including the stairs to the lake) where 0% is normally allowed, subject to the following • conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will - require further Planning Commission and City Council review. . 2. Hardcover in the 0-75' zone shall not increase above the level of 13.2% or 4;121.8 s.f. Hardcover in the 75-250' zone shall be limited to 11,658 s.f. or _ 16.4%, and hardcover in the 250'-500' zone shall be limited to 14,646 s.f. or 27.4% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. • � . 4. Required removals of structure and hardcover shall be completed by the footing inspection for the proposed deck. • 5. Authorities granted by this resolution run with the property not with the applicants, but are pernussive only and must be exercised by obtaining a building Page 3 of 5 �; � �� 0 0 • �� ^ CITY of ORONO � - ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`� og'�G NO. kESII � �, ,r►, � :r permit for the new construction within one year of the date of Council approval, � or the variances will expire on that date (Jul.y 26, 2005). 6. 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. 7. The undersigned applicants have read, understood and hereby agree to the terms of tlus resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain af title of the property. , Adopted by the Orono City Council on the 26`h day of July, 2004. ATTEST: • . - .�°�� - � Linda S. Vee, City Clerk Barbara A.Peterson,Mayor � � . �� Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this oZ� day of �al�� , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .s�sss. , ,�j . . • KRISTI B.11ND�R^�! Notar Public N�PARY P�E.IC-M(Nt�SOTA �'RY C��iol1 Exp�res Jan.31,Z007 Page 4 of 5 ` . � °� . o � � o • � C ITY of ORON4 � - :. � . , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kEsI3.�4�G NO. � � � o� . STATE OF MINNESOTA • COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this ��day of ��1�, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mimiesota mumc al corporation and said instrument was executed on behalf of the City. BARBARA G.SILUS , fdOTARY PUBLIC-MINNESOTA '•;;�;,;;^ NFj Commission Expires Jan.31,2008 Notary Public • STATE OF MINNESOTA , COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of , 2004 by Joann Pomije, wife of David R. Pomije. BeMY9�W�bWY�'O K.b�4Yr:WU4�hOV✓J•VVJ+{WV�C� • • �f'4�� f s�� LISA M.S7ASEK ��"''�� NQTARY PUBLIC-MINNESOTA � ;�''� My Commission Expires Jan,31,2G05 � Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ' This instrument was acknowledged before me this�day of , 2004 by David R. Pomije,husband of Joann Pomije. ��. � ��n'"`�K�. USA M.STASEK � NOTARY PUBLIC-MINNESOTA My Commiss►on Expfres Jan.3i.2G05 otary Public • � Page 5 of 5 � ��! ��" ,� r , . � � � � . � I . Y \ ,. . , , �� a o '�� • i1 � . : 801 T�onkawa Rd. ; _on g Lake➢ M N 55356 LEGAL D�SCRI�'�'IOf�: Boundary Inforrnation is based on a survey by Demars—Gobr(�I Lond Surv�yars, Inc., dated 10/15/1992. F1e No. 19�9—C. �at part of Lot 1, Audtto�s Subdivioian �lumber 217, Hennep(n County, AAinnesota g southea�teriy of a ifne paroflel arith and 300 feet southeostsrty m�asured at ght angles from the northrresterly iine of sofd Lot 1 and lying nor4herly of the follot�ing descrtbed line to r�it: Beglnning at a point in tha northea�terty Ifne o# said Lot 1, dlstant 120 fsat northWesterly, measured at rlght angles from the sout'�c3asterly lina of said Lot; th,�nce south�vesterty parallel �tlth the southeasterly � Ifne of seid Lot, 251 feat; theric� southweatc-�iy defle�t(ng to the left at an angte Of 24'25' to the ahore oP Lalte �tinn�ton�Ca and t�ere termfnating, according 40 . the plo� thereof on �Iv or of record in the office of the Register of Dveds in and for aald Cou�ty. , Ali thnt part of Lot '!, Audltor's Subdfvislon IVumber 217, Hennepin County, � Minnesota lying nor7h�res4erfy of a line parallel v�ith and 300 feQt southea�terly � rr�easurad ot rlght angles from the nort.hv�esteriy Ifne of .Lot 1 and lying , southeasteriy of a Ifne dra�n parallel with and 200 feet southeas4erly meQSUred at rigi�t anglos from the northwestsriy line of sofd Lat 1. occording to the plat � thereof on file or of record in the office of tfie Reglstrar of Deeds in ond for , said County. • � ; � ; • Total Lo4 Area � 155772.4 sqft, ar 3.58 acres Hl�Fd�C�O�/ER T'�9r�G�' - � __SET3ACK LAND AREA (sqft ) HA�DCO�R (sqft ) � COVERAGE O' — 75' 3�_�29.9 a7�i.8 t�.�� , � pc�� T �� o � � 3�4,18 \ \ . \ � 46•�a� � / �� ,`5,�t,,��'� \� ` , � V�� ':�';�y\�`.• \, '� � ` J'`' • � , '.1,. ' \ \ ` �`T3' �1 S !': r \ t � ` ^f�grasa area� � , `0 .. 5,,��tk�,,rdco►zsr zane � . ,�, , .,,�,\;'., . � \ � ��,t�;`,, _._ � \ ; � ,,�, ;,:. L Ing Shoreline�'�� ' 4 �� ; � rtionm929.41 �� 1 � t � B50 ` -aa ,4� �,,`•'�•� , \ �;`,,,;, '� a__r._ � � ��•, ,`\•,� var-r•�c- . � � ; :t', ..,�.,-- -a- � • 75=250 hardcov�r zone � ��/ `+�.�,,'4.,,t•., �960 :'..a\\� \ , �```�� '•�l J, • � ` ` 1 1 ��. �.J�-,.�..,�..' S \ \P `�� '�re�ptning � � i'_ onvet` ' �ea�Plnir • �� ` � wa :I �\ � �aven \ i�� ` � \ �p � � 1 •� I I �\ \ j''ro��C ratalning �(�, ��L7 ti� i` i� .f � wa \u anr•. r • ! � r �' � � V � p� , � j �. + � \ \ HOT � ��•,}11,,1i 1m 1,`, � \ y. 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