HomeMy WebLinkAbout1987-12-14 Resolution #2325City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO, 2325
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODES
SECTION 10.25, SUBDIVISION 6(8) AND
SECTION 10.22, SUBDIVISIONS 1 & 2
FILE #1228
WHEREAS, Walter Wittmer (hereinafter "the applicant") is the
owner of the property located at 1420 Baldur Park Read within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 10, Block 1, Baldur Park, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has a, -plies' to the City for a
variance to Municipal Zoning Code Section 10.25. Subdivision 6(B) to
permit the construction of a second story addition over an existing
structure with sideyard setback of 4.2' where a 10' side setback is
normally required; and a variance to Section 10.22, Subdivision 1 to
allow such structure to encroach past the average lakeshore setback
line where no encroachment is normally allowed and into the U-75'
lakeshore setback zone where no encroachment is normally allowed; and
a variance to Section 10.22, Subdivision 2 to allow the continuation
of existing non -permitted hardcover within the 0-75' l::keshore setback
zone where no hardcover is n,rmally allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Toning File 11228.
2. The property is located in the LR -1C Single Fairily Lakeshore
Residential Toning District.
3. The Crono Planning Commission reviewed chis application on
November 16, 1987, and recommended approval of the proposed
variances based upon the following findings:
a) Because of the nature of the existing opaque wing walls
on either side of the enclosure location,no additional vier
encroachment will ^sult nor will there be any significant
new encroachment into light, air, or open space in the
neighrorhood.
b) The prnl or.a l reau l t F; in n,, .iJ feel har lcove- on the
proper -y.
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a�arvo
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
c) Applicant constructed an 8'x 30' deck on the lakeshore
side of the existing residence in violation of the
conditions of the original 1978 variance approval
Application #368. Applicant should comply with condition of
that approval by removal the appropriate portions of that
illegal deck.
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 proposed 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 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 uemonstrable 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 a variance to the Municipal Zoning Code Section 10.25,
Subdivision 6(B) to allow construction of a second story addition over
an existing first story located 4.2' from the side lot line where a
10' side setback is normally required; and grants a variance to
Section 10.22, Subdivision 1 to allow encroachment of 7' into the
average lakeshore setback zone where no encroachment is nornally
allowed and allow a 1' encroachment into the 0-75' lakeshorc setback
zone where no encroachment is normally allowed; and grants a va iance
to Section 10.22, Subdivision 2 to allow hardcover of 1.38 in t ;e 0-
75' lakeshore setback zone where no hardcover is normally a _wed,
subject to the followin- conditions:
1. Applicant must remove the 8'x 30' deck except for a 6'x 8'
section which is allowed to remain.
2. The removed deck sections may he replaced with a loose rock c
woodchip area underlain by permeable geotechnical weed reducticn
fal,ric but not plastic sheeting which is hardcover.
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A
City of ORONO
RESOLUTION OF THE CITY COUNCII
NO, 5
3. Final allowed hardcover on the property is as follows:
0-75' Zone (area = 3,750 s.f.) - 6'x 8' deck = 48 s.f. or
1.38 allowed hardcover
75-250' Zone (area = 5,850 s.f.) allowed hardcover -
House 1,073 s.f.
Garage 624 s.f.
Asphalt 650 s.f.
Gravel parking area 250 s.f.
Sidewalks: between house s garage 60 s.f.
along east side of garage 78 s.f.
alongnorth side of garage 78 s.f.
edge of driveway apron 16 s.f.
along houses 120 s.f.
Total - 2,949 s.f. or 50.48
Applicant is advised that any future pronosa3 that results in
increase in hardcover will not be approved but might be approved
only in conjunction with concurrent_ reroval of an equal amount of
existing hardcover.
4. 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 (December 14, 1988).
5. 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.
6. The undersigned applicant has read, understood and tereby
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.
Adopted by the Orono City Council on this 34th day of
r, 1987.
t1y M allirf, City Clerk James R. Gra k, Mayo -
op rty
ayo-operty Owner(s)—
raqc 3 of 4
�'ity of ORONO
RESOLU i ;"N OF THE CITY COUNCIL
NO. 2325
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ��7 µ' day of �Qt?F;I'YLLr— , 198
before me'a Notary Public wit in and for said county, personally
appeared Mrs known to me to be
the person(s) described In anti who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
A
110=COUNTY
60M641 -ft
STATE OF MINNESOTA
NOTARY PUBLIC
9 k -9a
MY COMMISSION EXPIRES
)ss.
COUNTY OF HENNEPIN )
On this %j �1' day of i 1987 before me
a No ar Pyyblityth}'n an for sa-id County, personally appeared
Edi r' /C CC �1 fl>L4 L) 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.
7
NO, Y ELIC
111AXIIIIAY PLOJ L NNES
�fA1ry RALb - WNNFSOTA
"INNaPIN COUNTY
MY COMMISSION EXPIRES
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