HomeMy WebLinkAboutResolution 5600 A
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
0NO. 5 600
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A RESOLUTION
AMENDING RESOLUTION NO. 5544
FILE No. 06-3238
WHEREAS, William M. and Susan K. Dunkley, husband and wife,
(hereinafter "Owners") are owners of the property located at 2709 Walters Port Lane within
the City of Orono (hereinafter "City") and legally described as: Lot 4 Block 3 Walters Port,
Hemlepin County, Minnesota (hereinafter "the property"); and
WHEREAS, for the purpose of adding a second story to the existing residence
Vogue ICF Homes, Inc. (hereinafter "Applicant") made application on behalf of the Owners
to the City for variances to Municipal Zoning Code Section 78-1279 to allow a lakeshore
setback of 30 feet when 75 feet is required and an average lakeshore setback to allow
expansion of a house entirely forward of the average lakeshore setback; and
WHEREAS, on November 27, 2006, the City Council adopted Resolution No.
5544 granting these variances for purposes of adding a second story to the existing residence;
and
WHEREAS, the Applicant has found structural and mold problems that
necessitated the removal of the attached garage, the basement floor, the basement wall facing
the lake, most of the first floor walls and replacement of a substantial portion of the floor
joists and subflooring;
WHEREAS on February 23, 2007 the Building Official issued a stop work
order on the basis the work done was beyond the scope of the building permit and the
variance approval; and
WHEREAS, on March 12, 2007, the City Council heard testimony from the
Applicant and City Staff regarding the situation.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. The project should now be categorized as a"rebuild" rather than an "addition".
2. The property is located in the LR-1B zoning district, where I acre is the
minimum lot area and 140 feet is the minimum lot width. The property is
approximately 0.4 acres in area and 300 feet in width. Because of the size and
shape of the lot it would be very difficult to construct a house that did not
encroach into the 0 to 75 foot zone.
3. Walters Port Lane is narrow and winding. The large driveway on the Property
functions as a turnaround for delivery and emergency vehicles.
4. As a courtesy the Applicant was issued a building permit without structural
plans being submitted. If these plans had been available before the permit was
issued Staff would have been able to better judge the extent of the proposed
work.
5. Only in the process of constructing the addition did the Applicant find that the
footings for the side and rear walls of the garage were only 12 inches below
grade when they should be at least 44 inches below grade. Total removal of
the garage is a reasonable way to correct this.
6. The Applicant intends to build the house as approved by Resolution No. 5544
with a basement under the garage in place of unexcavated space.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCI L
ESo4�G NO. 5 6 0 0
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby amends Resolution No. 5544
to allow the reconstruction of the house with a basement under the attached garage.
Resolution No. 5544 otherwise remains in force.
Adopted by the Orono City Council on this 9th day of April, 2007.
ATTEST:
Linda S. Vee, City Cle•k JAes M. White, Mayor
William M. Dunkley Susan K. Dunkley
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corpor tion
and said instrument was executed on behalf of the City.
Notary Public /
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SHo NO. 5 6 0 0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
IEL DOD
rxpiras Jar.31,2010 6Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of 's �l, "�• 4 ;-� ',
2007 by William M. Dunkley,husband of Susan K. Dunkley.
CARRIE L. FARGO
NOTARY PUBLIC MINNESOTA '
My Commission Expires Jan.31,2011 otary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of ` 1C
2007 by Susan K. Dunkley, wife of William M. Dunkley. '
C ARRIE L. FARGO
NOTARY PUBLIC-MINNESOTA N—o�y Public
My Commission Expires Jan.31,2011
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