HomeMy WebLinkAboutRes # 5255 O o
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CITY of ORONO
RESOLUTION OF THE CITY COUNCI L
L�kEST�I04� NO.
A RESOLUTION DENYING
VARIANCES PER MUNICIPAL ZONING CODE
SECTION 78-1279 SUBDIVISION 1 AND
SECTION 78-1288 AND
AMENDING THE APPROVAL GRANTED IN
RESOLUTION NO. 5206
FILE 404-3055
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City
Council of the City of Orono has adopted zoning regulation for the protection of the
public health, safety and general welfare; and
WHEREAS, Martha Alice Leigh Spencer, a single person, (hereinafter '`the
applicant") is the owner of the property located at 1005 Willow Drive South within the
City of Orono (hereinafter "the City") and legally described as follows:
Attached as Exhibit A (hereinafter"the property"); and
WHEREAS, the applicant has applied to the City of Orono for variances to
permit a gazebo and paved walkways and stairs, requesting the following approvals:
1. Section 78-1279 Subdivision 1 to allow construction of a gazebo
approximately 26' from the OHWL of French Lake where a 150' structure
setback is required; and
2. Section 78-1288 to allow a gazebo and paved walkways within the 0-75'
zone consisting of 13 % or 2,601 s.f. of hardcover where 0% is normally
allowed and 7.8% or 1,532 s.f. was previously approved (Resolution No.
5206).
WHEREAS, the City Council has reviewed the application; the recommendation
of the City staff and Plamling Commission; and the comments and written statements
submitted by the applicant.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono.
Minriesota hereby denies the requested variances as described above based on one or
more of the following findings of fact concerning this property:
1. The property consists of 2.2 acres, or 95,002 s.f. in land area.
2. Variances were granted in 2004 (Resolution Number 5206) on this
property to permit construction of decks over existing concrete patios
consisting of hardcover within the 0-75' setback of 7.8,,o or 1,532 s.f.. An
existing concrete dog run consisting of 263 s.f. hardcover was not
accounted for in Resolution No. 5206. The dog run is considered by the
City Council as appropriate to remain on the property in its current
location, but technically increases the allowed 0-75' hardcover to 9.1% or
1,795 s.f..
3. The house was constructed prior to the adoption of the Shoreland Overlay
District standards classifying French Lake as a Natural Envirornrient lake
requiring a 150' structure setback.
4. It is the intent of the Comprehensive Plan and Zoning Code to protect the
water quality of French Lake by limiting the amount of hardcover a lot
contains. No hardship exists on this lot that would support a variance for
additional hardcover.
5. The granting of the requested variances would be contrary to the
provisions of Municipal Zoning Code Section 78-123, Subdivision A with
which the applicant must first comply in order that variance be granted.
The Council finds that:
a. The property in question can be put to a reasonable use if used under
conditions allowed by the official controls.
b. The variance, if granted, will alter the essential character of the
locality.
c. The special conditions applying to the structure or land in question are
not peculiar to such property or immediately adjoining property.
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d. The conditions do apply generally to other land or structures in the
district in which the land is located.
e. The granting of the application is not necessary for the preservation
and enjoyment of a substantial property right of the applicant.
f. The granting of such variance will merely serve as a convenience to
the applicant, and is not necessary to alleviate demonstrable hardship
or difficulty.
6. 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 proposed variance on the
health, safety and welfare of the community.
FURTHER, BE IT RESOLVED that Resolution No. 5206 is hereby amended to
reflect an approved 0-75' hardcover level of 9.1% or 1,795 s.f. including the dog run.
Adopted by the City Council of the City of Orono on this 22'd day of November,
2004.
ATTEST:
,
Linda S. Vee, City Cleric Barbara Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this.22�' day of
Noven'Mer 2004, by Barbara Peterson& Linda S. Vee; Mayor & City Cleric of the City o
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
q
RACI EL GC1'C r i.
ienT{ r �auc•.,,., Notary Public
(W. -.sz,cnExp
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0W95 101117/23 JLM DESIGN BUILD ------------------------------------------------------
g� �7 Er NGINEEri.- .I1 r G CO.
AD VA `�'CE SUdeYEYI�r Fax 952 474 8267
No. 101 Minnetonka, NAl 55345 Phone(952)474 7964 F t )
5300 S.Hwy.N DESIGNjLH
BUILD
SURVEY FOT.
D�D-- March 11,2-004SUIZ'VEYED_ March, 2004
N: t from a point in the West line of the Northeastinutes� ,250
LTrzfiAL DESCi�IPTIO s 45 minutes East thence South 35 degraes 45 m
Ca�encing at a paint�;stant432 feet South 35 degme along the West
t 395 feet l0 inches from the 5vuthwestcomer GovemmrutLot 6; then'North t
of the Northwest Quarter
distant and parallel
the las
• thence at an angle to the right of 89 degrees 03 miautes to the West Iine�e int ofbeginning p
feet, h cin County,Minnesota.
' e of said Lot 6 to an intersection with a line runnbe S �Exempt road,Hem P
lin
described Line; the
Northeasterly to the point o
lion. 7tie
SCOPE Qr WORK: coon of bauna�5' lines of the above legal �a gal matter.
1. Showing the length and d11e what you own, wluch
tent legal counsel,
scope of Our smices does not n e u"rdsg or consult with compea8 easemennts,that
Please check the legal descriptio y �� o f record,such
if necessary, to make sure that it is correct, and .W show a legal desorption on our survey that
have been shown lete legal andwere never
you wish shown on the survey, County.We asked.for a comp
was taken from tax records for I�ennep
in supplied with one. rovemerrts we deemed important.
2. Showing the tocation of existing unp of the roperty
3. Setting new mo
❑umcats or verifying old monuments to mark the and for the review of
4. Showing and tabulating Bard cover and area of the lot r hard ane is
' ernmental agencies as may have jurisdiction over hard cover rel
such gov
QNS' r�sc Number 9235, set, unless oterwi�noted.
STAI�IDARD SYI� -LS^& CQ.,t�e bcanng Stag Lice