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Home My WebLink About#3046 - variances /�� , ,;, � � ', �,�3� ��::--,, �! CITY of ORONO �� a r��• �� i \� � .��d f AI'�. � � � � ��=;��°�i-�ij;�;y.��, � RESOLUTION OF THE CITY COUNCIL �<9,k �- :��r�`��4�� NO. 3 0 4 6 i,,,y'�� ESH. �� A RESOLUTION GRANTING VARIANCES TO MDNICIPAL ZONING CODE SECTION 10.22, SaBDIVISION 2 AND S$CTION 10.24, SUBDIVISION 5 (B) F7CLE #1689 WHEREAS, Terris M. Sadler (hereinafter "the applicant") is owner of the property located at 1396 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Baldur Park, Hennepin County, Minr.esota (hereinafter "the property"); and WHER$AS, the applicant has applied to the C�ty for variances to Municigal Zoning Code Section 10.22, Subdivision 2 to allow hardcover in excess of the 25$ hardcover normally allowed in the 75-250 ' lakeshore setback zone and variance to Section 10.24 , Subdivision 5 (B) to allow a proposed three-season porch to be located 9.9' from the side lot line where a 10' side yard setback is normally required. NOW, THEREFORE, B$ IT RESOLVBD by the City Council of Orono, biinnesota: FINDINGS 1. This application was reviewed as Zoning File #1689. 2. The property is located in the LR-1C Sinqle Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 21, 1991, and on a vote of 5 to 1 recommended approval of the proposed variances based upon the following findings: a) The 0.1' side setback variance is appropriate since it will allow the proposed porch to match the existing side line of the house, and such a variance will have no significant impact on the neighboring property. Page 1 of 6 � / o � � O �,� O �, ;�;�s� � I G ITY o� ORONO � ��'� �� :� `�, ,�' �,��`rr ,� �"��' aa�� t_ � RESOLUTION OF THE CITY COUNCIL '��I�,t�-�%�,'-z_��r k'ESH�g'� NO. 3 0 4 6 b) Existing hardcover in the 75-250' zone is 39.6$. There is no hardcover in the 0-75' zone. The small lot size of 0. 3 acre, and the location of the house with attached garage and minima 1 driveway, a 11 support the granting of a hardcover variance. c) The proposed 10'x26' three-season porch replaces a pre- existing 10'x26' upper level deck in the exact same location, hence the impact of the change in the nature of the structure is minimal. No lot coverage or average setback variance is required for this proposal. 4 . There is 326 s.f. excess hardcover in rock and plastic landscape beds which can be removed to reduce 75-250' zone hardcover from the pre-existing 39.6$ level to 36.3$. 5. 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 we 1 f are of the community. 6. The City Council finds that the conditions existing on this property are pecu 1 iar to it and do not app ly genera l ly 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 . .° ' . ' � RESOLUTION #3046 t:�•��i. .�+,..�� .�� i.. i. �� ..��i. �,i ��i ��i�. r..�i.�� r. Il..on�•pin !.rnu�l r. 11luu• . LQKE MIN�IETONI<A ,,,.,, ......� �.._., .. � ��.,.— —— 1 : � ___" .. `\ ��J '-.. __ -. - •-"_--' _ - Y � � � HARDCDVE� C}1LCllL4TI0N WOR}5'cicii 7t�/i�CM�i''�17�F� �rfd1"rW J �•� \�—�� _' ' �5 Z�-500' S�0-1000• \� ��•v `��. SgT3ACK ZONES �Cfit� ONE) O�l�� _.. . � �� EXiS'iNG NARDCOVE4 IN ZONE ' � `� \�\\'ti�� „ ��.�J� �j�jfj�� ' • A. HOUSc "�-�'1.�- X-�_'��.__ S.F. � . _ , t� � � �� > � r � �� \ �' .Z � � � �� s� � - u+cr►+ NtnrH � T. .� , � • •� , � O S.F. � �i-•.:�._'i� �frya.y� \\ \ �:�jc\ `\ n� . � ' �x �� v�,� � •;\ \\ ��` �� ' . � '•\;; • x s.F. ---� �� \,�� \ �.� �� d i . - ' , 7,' � � • � �(1 ` 1 I. ' •'� � . �� . s.F. '> '• � � \"' e i � � X �{ ; � •„'�'r'�'+.�-=• � , �—�7..C� X S.F. � `�� ...q/�...:, ��i \ '�� r. '/-� ' •f7��p �DO'GL�S.F.� _; '� �i\��.,\y\` F'�',y.R 8. �7ARAG'c � X — � .; sn.r � : � �' 1' a..y^e. � . 7l,�_• D7� '� s.f: �:� '` ,;; d �_" C. DRIVESIAY X ' 4 '�' � .� \ i�INi� {.. .� i - �b 5l�,ho s:F. ✓ ; � : � i�?� x �� , t.r1,�.,� : _ a �; ` 5 4,Z,� /L, r0 �� S.F. '� c `'��\ . ' D. S[DEHALX 1L=— X / '�' � ` \ � � /�JhQ . �/'� S.F. � �� j: h 0 X�1.:��_� ��,�' � f � ,c- � �� Po�� •� X �� Od S.F. � � 3 �� E, ATIO/ /� � �� `J��j �/ � e , I �Et1C .�'�X�J..�� —s-�'�"S.F. ' � ` � . ,•1 (zs-�r'wn,.u'-� (�.�J� lO�� -s.F. � ,'. x�'---� ` •� ' ' F.LANDSLAPE J..1J,tiG— � \ ,r UnD SL.�IN X 32 �_. ►7_1� S.F. 1`�� . ; , P��t�' �x �� ss 32� Q� t� , � SHE:'TING==S X Z� � H2 S.i. V�� ; ' � y,r xq ... �, � ; . • s.F. � I1�'a.'P� �� X �7�� S.F. J t 6. UTHER x��G—� � ` . . ,. __:2tr�-"�3 s.F. � � �� TOT1lL IIAADCOYER IM IANE � _-- . � �7�'J�S.R� � .A.ie:..r�.. ^ � •.a.. .t Tcru.PaovEmr Ar� ln Zo"E - _ ^ : . rn�� g ' � x 100 �� 3ssto+3zG=3s8z-=`?$o7s -3q,"/• qcrrnu� � .__ .. �'. .. _ .._:�...... ; . . ,. _ .. ... e� , _�� -'...� ;�,s U� 75-ZSa �/�DGol1� � 3 6 3 � -- _. -, � AP�� _ • - 4� _ �•� : F� «h�•/sa.ry � ��C� �i P�-57"Cc-- TO �BE ��v� = . (7l1LDUR P/1R1C ROAD � C 32� S �.�3, 3 �� , .. _. � Page 3 of 6 �o , � � ; o 0 �-�=� ��'�-� T CITY of ORONO r� �'�a��'"%'„L _:� �" }j F i � �� '7�?�'��i�xe��,��, �j�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. 3 0 4 6 � CONCLDSIONS, ORDER AND CONDITIONS Hased upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow 36.3� hardcover in the 75-250' lakeshore setback zone where only 25� hardcover is normally allowed, and grants a variance to Section 10.24 , Subdivision 5 (B) to allow a side yard setback for the proposed three- season porch of 9.9' , where a 10' side setback is normally required, subject to the following conditions: 1. Hardcover in the 75-250' zone is approved at a level of 36.3$. 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. 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 would 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 the footing inspection for the new construction. 2. Authorities granted by this variance 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 (November 25, 1992). 3. Violation of or non-compliance with any of the terms and conditions of this variance shal 1 constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 chain of title of the property. Page 4 of 6 � o� , o _ o�, �� ;�,.a��;--�„-� �; CITY of OROl�TO �'� �,� �� -� � i � �`�� _ �:��' �� '�' �� RESOLUTION OF THE CITY COUNCIL �',� ,��,:��1�'��° G �kESH�4� N 0. 3 0 4 6 Adopted by the Orono City Council on this 25th day of November, 1991. AT ST: / � / . � _. Do othy allin, City Clerk Barbara A. Peterson, Mayor � � ��✓ ' Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 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. ti �� LINDA S. VEE Notary Public � NOTARY PUBUC - MINNESOTA HENNEPIN COUNTY pa e 5 of 6 - Wly oommisabn expl►es&12-68 �1 . . �-o ; � � o _ 01, . =;� j�j��T� �� CITY of ORONO : ,� �� _�. �� ;i��i;'��'�� RESOWTION OF THE CITY COUNCIL t�kESH�4� NO. 3 0 4 6 STATE �F MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) On this ��„a� day of ��,i�,�„b��' _, 199 1 bef ore me a Notary Public within and for said county, personal ly appeared l��'r��, � 5��I P�' - known to me to be the person(s) described in and who execute t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� Notary Public STATE OF MINNESOTA .) cn�E a w�sErww NOTARY PUBLIC-MMNESOTA ) S S. HENNEPIN COUNTY COUNTY OF HENNEPIN � , `�w MY COGAILSSION EXPIRE9&27��6 ,...,.,�.r.�...,..s..�. On thi s day of ► 19 9 before me a Notary Public within and for said county, personalTy 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 P.age 6 of 6