The URL can be used to link to this page

Home My WebLink AboutResolution 6525 - Expired o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 6 5 2 5 4kES H o�� bpio1 1 . 2 T ZZt( A RESOLUTION GRANTING VARIANCEs TO MUNICIPAL ZONING CODE SECTION 78-1279(6) FILE NO. 14-3678 WHEREAS, Bret C. Riemenschneider and Jennifer S. Riemenschneider, a married couple (hereinafter "the Applicants") are the owners of the property located at 835 Forest Arms Lane within the City of Orono (hereinafter the "City") and legally described as Lot 4, Block 2, Forest Arms, Hennepin County, Minnesota (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(6) to allow construction of an elevated deck with screen porch below 21 feet ahead of the average lakeshore setback on 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(6) to allow construction of an entry pergola ahead of the average lakeshore setback on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 18, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 14-3678. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2014 and voted 6 for and 0 in favor of a motion to recommend approval of the average lakeshore setback variances based on the following findings: Page 1 of 4 -sgoAio CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1101L ti F 1NO. 6525 �4kFsHoo- a. The Property contains 45,933 square feet in area and has a defined width of 140 feet. b. The Property has a unique shape and is located along a channel which extends to Forest Lake. Due to the nature of the lakeshore the Property is somewhat disconnected from the lake proper. c. The location of the Applicants' home is partially ahead of the average lakeshore setback line. There is no conforming location lakeward of the home to construct additions or improvements. d. The proposed screen porch and pergola will meet the 75-foot lake setback. e. The Property will conform to the hardcover limitations of a Tier 1 property. f. There are mature trees separating the Applicants' Property from their neighbors which will likely screen most of the views of the improvements. g. The Applicants' request is in harmony with the purpose and intent of the ordinance. h. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. i. The Applicants' proposed pergola and screen porch will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. j. The Applicants' proposal to construct the pergola and screen porch ahead of the average lakeshore setback will not adversely impact lake views enjoyed from the adjacent homes. 4. On July 27, 2015, the City Council 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 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 variances 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 Applicants, but is necessary to alleviate a practical difficulty; Page 2 of 4 icLoAo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�lNo. 6525 AkE s H 00' is necessary to preserve a substantial property right of the Applicants; 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 one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an approximate 19.5' x 16.5' screen porch and a 2' x 9' entry pergola ahead of the average lakeshore setback on the Property, subject to the following conditions: 1. Council approval is based on the survey annotated by staff and plan submitted by the Applicants, attached to this Resolution as Exhibits A & B. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards and no hardcover variances are granted. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the screen porch and pergola and commencing construction of said project. A footing inspection must be completed for the screen porch within one year of the date of Council approval, or the variances will expire on that date (July 27, 2016). 4. 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. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this 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 of title of the Property. Adopted by the Orono City Council on the 27th day of July, 2015. Page 3 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6525 `�kESHO�� ATTEST: /' jrrA° 74,L., =A'rTie9s, CityClerk � Lili Tod McMillan, a or Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2015, by Bret C. Riemenschneider, husband of Jennifer S. Riemenschneider. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2015, by Jennifer S. Riemenschneider, wife of Bret C. Riemenschneider. Notary Public Page 4 of 4 , Council ° a P a za . f • r1 4r UJ Lt) \ , Apl> LA ' V3 iP^ v --2,83.46.- --\____------ ts% — �` \ ''y \ l^ r \\ '� h tel" \ 0 � - t. o • \ - J, \ \\ owE�"" :4 \coltd s , \ fiA!4° \ .," '013" - .,14'‘S.\ 17% ...,. _ \ vt IA "4::4\ Z - \ F.% \ ` ;It� W+E \ \ 01—was 0 „` — — \\ 28 1 \we.SOS \ 1ilL W . , / g . RF ' E \ SC1 1 \ 'ID- R RSIDL: \ C...._ \ , y "5 P- B35 FOREST ARMS LANE A 3 2 f< ce w ORO / 0 MN i 1-1X ; 5E 1 \ SITE LIE, ADD STEPS AND LANDNG A/C 1.s-) _. _.., .. • - - i 1 1 ! 3,1i,ip,... a......... , a-.a.—....... .11 It /I .1.1........"'""seat / ADD STEPS AND LAWING .? ‘-immi _ 1 r 4 LANDING ADD STEPS 4 DOOR / ALMON —•'• ND 310 WARE FEET 1 „.!--.4H i=j- __. .. woo i - Cultured , . Chlten :diammiii a i! [1 *.1 Pergola - Custom ••• Eyebrow priL5LII I I " ' I • Freploce - CU5 • GC15 il 1 . • . II\ II ...-in /- , .. .,.. , Iii,..i . . ' . _ ,imill ___ op.' / ]17.......- ArNiN 5 - Pavng 5 _ D .SEXING DOOR 1 J171 Kitchen - Cp5tom Roll Out .1111111 IIMP -::6:::: Water mime - Pondiess :. • Both Boscit Sitti Nall - Cultured St. - SCALE: It' = 8' / P , ting Bed Edge Lr. 'Y- . . i %IL r:, II, :l .: RECEIVED L, , -------- Property Une 1 JUL 22 7015 . CITYOF ORONO Easement line --4