HomeMy WebLinkAbout1985-02-11 Resolution 1726 Zoning Variance• • ••
City of ORONO
RESOLUTION OF THE Cl
NO. 1726
ORONO A RESOLUTION DENYING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
PILE NO. 881
WHEREAS, Krutzig Custom Homes, Inc., a Minnesota
corporation, (hereinafter "the Applicant") is owner of the
property located at 1629 Bohn's Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Tract A, Registered Land Survey No. 565, Hennepin County,
Minnesota (hereinafter "Property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2,
to permit the construction of dec)cs, sidewaDc, and driveway which
would increase the hardcover from 3,950 square feet or 21% to
5,950 square feet or 31.5% in the 75' to 250' setbac)c zone where
only 25% or 4,725 square feet of hardcover is allowed; and
WHEREAS, the City Council has considered this
application including the findings and recommendations of the
Planning Commission, reports by City staff, comments by the owner
and effect of the proposed variance on the health, safety and
welfare of the community.
NOW, THEREFORE BE IT RESOLVED that the City Council of
Orono, Minnesota, hereby denies the application of Krutzig Custom
Homes, Inc. for a variance to Municipal Zoning Code Section
10.22, Subdivision 2 for the property legally described above,
based on one or more of the following findings:
1. The Orono Planning Commission reviev;ed this application
on November 19, 1984 and recommended denial of the
application based on the following findings:
a) Applicant was made ful ly aware by City staff of the
hardcover limitations on the property at the time of
application for a building permit.
b) The lot is substandard in area and width in the LR-
IB Zoning District in which it is located; however, the
property is substantially large enough that it could be
developed within the hardcover limitations.
c) The additional hardcover requested is not necessary
to preserve a substantial property right of the owner,
and the conditions leading to the need for a variance
were created by the applicant.
page 1 of 4
city of OROSj’jtf® If ®‘
RESOLUTION OFTHECITYCOUNCiL
1726
ORONO d) The property currently accepts the natural flow of
runoff from the surrounding properties and additional
hardcover will decrease its capacity for accepting this
flow.
2. The Council finds that the proposed deck design* which
includes 5-1/2 inch decking with 1/2-inch spacing, underlain
by a level sand absorbtion layer of 12" thickness, with no
barrier layer between the sand and the underlying ground
surface, has been demonstrated by applicant to be
sufficiently permeable in this instance so as to not be
considered hardcover.
3. The Council finds no undue hardships to the property
that justify granting a variance to the hardcover limitation
' of 4,725 square feet in the 75-250* setback zone.
FURTHERMORE, BE IT RESOLVED that the City Council of
Orono hereby approves the construction of deck, sidewalk, and
driveway improvements to the property subject to the following
conditions :
1. A permit for the proposed deck of 900 square feet in
area must be obtained prior to construction. The deck must
meet the following minimum design requirements:
a) Width of decking boards may range from no less than
4" to no more than 8" in width.
b) Ratio of board width to spacing width may be no
greater than 12:1 (8.33% open space).
c) A 1/2-inch high wood strip must be installed along
the upper perimeter of the deck to prevent direct
runoff .
I
d) A minimum of a 12-inch depth of sand must be placed
under the entire area of the deck and extending
downward through any fill layers to the original soil
surface.
e) The deck platform shal 1 be no higher than 12" above
finished grade, or if it is higher, a suitable barrier
must be placed between the deck and the ground surface
to prevent any access which would allow future place
ment of impermeable materials (plastic, concrete slab,
etc.) under the deck.
page 2 of 4
r.
Cityof ORONO
RESOLUTION OF THE CITY COUNCIL ^iiia s?.s BiXS
NO.1726
OF
ORONO
.-.Vi
2. The applicant is placed on notice that the deck and the
areas above and below it may never be covered with
impervious materials, enclosed, or in any way altered so as
to become hardcover, without the granting of a hardcover
variance by this or a future City Council.
3. The sidewalk and driveway are limited in hardcover to a
total of 775 square feet, and any porous pavement or other
innovative surfacing methods proposed to be used in order to
exceed this amount are subject to review by the City.
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 terminute any
authority granted herein, and shall be punishable as a
misdemeanor.
5. 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.
Adopted by the City Council on this 11th day of
February, 1985.
ATTEST:
Mary C. Butler, Mayor
page 3 of 4
I
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this / _day of /^Iai C C^_ _ _ _ _ _ _, 19P5 , before roe a Notary
Public within and for sai3 County , personally appeared
IAJiuLIAi^ ___________________________known to roe to
be the person(s) described in and who executed • the foregoing
instruroent, and acknowledged that he (they) executed the same as his
(their) free act and deed.
m .-?SSI^MCOUNrr_,
HH*****'*'*'
TARY PUBLIC “NOTARY
_II _
MY COMMISSI^ EXPIRES
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) SS.
On this
Public within
day of_ _ _ _ ___ _ _ _ _ _ _, 1985, before roe a Notary
and for said County, personally appeared
■_ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ __ _ _ ___ _ _ _ _ _ _ _ _ known to roe to
be the person(s) describedTn ^ who executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
M; '* r.'*\ s;'--'-
STATE OF MIMMESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on_ _ _ _ _ _February 11_ _ _ _ _, 19 85 , and that the sane is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
1st_ _ _ _, day of_ _ _ _ _March_ _ _ _ _ _ _ _ _ _ _, 19 85_ _.
M.^allin, City Clerk
(SEAL)
This document is being recorded for the benefit of the City ofOrono per
Minnesota Statutes 386.77.
Thomas J. Radio, City Attorney
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COFFIN I GN9NBERG. INC.
Engineers and Land Surveyors
Long Lake. Minnesota