HomeMy WebLinkAbout1991-10-28 Resolution #3032GITYofORONO
RESOLUTION OF THE CITY COUNCIL
3032NO.
A RB8OL0T10M GRANTING
VARIANCES TO
miHICIPAL SORING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
PILE #1608
WHEREAS# Janes Hartzel 1 (hereinafter "the applicant**)
is the owner of the property located at 2987 Casco Point Road
within the City of Orono (hereinafter "City**) and legally
described as follows:
Lot 2, Block 1# Hartzel1 Addition# Hennepin County#
Minnesota (hereinafter **the property**); and
WHEREAS# the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.22# Subdivisions 1
and 2 to permit the construction of a pool and associated patios
and retaining walls# such construction encroaching 25* past the
average lakeshore setback line where no encroachment is normally
allowed# and such construction increasing hardcover on the
property to a level in excess of the 25% hardcover normally
allowed in the 75-250* zone.
HOW# THEREPORS# BE IT RESOLVED by the City Council of
Orono# Minnesota:
BINDINGS
1.
2.
This application was reviewed as Zoning Pile #1608
The property is located in the LR-IC Single Family
Lakeshore Residential Zoning District.
3.The Orono Planning Commission reviewed this application
on August 19 and September 16# 1991# and on a vote of 4
to 1 recommended approval of the proposed variance
based upon the following findings:
No portion of the proposed pool# retaining walls#
or associated fencing will extend more than 6*
above grade# hence due to the topography and the
distance of the proposed pool from neighboring
residences# the proposed average lakeshore setback
encroachment will have no negative impact on
neighboring properties.
Page 1 of €
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n o GITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3032_________
B) The applicant has made a good faith effort to
minimize hardcover on the property by agreeing to
remove portions of the existing driveway, areas of
plastic-lined landscape beds, and has reduced the
amount of hard surface from his initial proposal
to minimize hardcover associated with the patio
and retaining walls surrounding the pool. The
increase in 75-250* hardcover is from an existing
level of 23.4% to a revised proposal of 27.8%
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 after-the-fact
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 districti
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.
CONCLOSIORS, ORDER MID COHDITIONS
Based upon the above findings, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.22,
Subdivisions 1 and 2 to permit the construction of a pool and
associated patios and retaining walls, such construction
encroaching 25* past the average lakeshore setback line where no
encroachment is normally allowed, and such construction
constituting hardcover in the 75-250* zone in excess of the 25%
hardcover normally allowed, subject to the following conditions;
Page 2 of S
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A A , ^ % ^GITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO.3032
1. Hardcover in the 75-250' zone is approved at a level of
27.8%. 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. That diagram also indicates
areas of existing hardcover which must be removed as
part of this approval. The current property o«mer and
all future o%mers 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 will 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 resolution 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
(October 28* 1992).
3. 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.
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
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CITY of ORONO
\> /T/y RESOLUTION OF THE CITY COUNCIL
3032NO.
Adopted by the City Council of the City of Oronor
Minnesota at a regular meeting held on the 28th day of October^
1991.
ATTESTS
Li^a S. Vee, Deputy Oerk
'ropertyOimerTs
Barbara A. Peterson» Mayor
4.
STATE OF MINNESOTA )
) ss.
COUNTY OP HENNEPIN )
The foregoing instrument was acknowledged before me on
this 28th day of October* 1991* by Barbara A, Peterson ft
NYXSid^MW* Mayor Clerk of the City of Orono* a Mi Vee,
municipal corporatiBfi^)iM said instrument was executed on behalf
of the City.
Notary Public
Page 5 of 8
• « .1 •
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3032 ____
STATE OF MINNESOTA )
)
COUNTY OP HENNEPIN )
On this
) ss.
day of ________, 1991 ___
id for said county# parsonallybefore me a Notary Public within and ror
KVo ... to and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
STATE OF MINNESOTA )
Notary Public
)ss.
COUNTY OP HENNEPIN )
cASou A. tmsmiii
notmv nsuo-iaMMr*
McNNEPIN COUNTY
On this 7^^day of
for said
199/
before me a Notary Public within and for said county, personally
appeared _ _ _ _ _ _ _ _ _ JT. g.’i(s) described akno%m to me to be the persdnis) 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
Pege 6 of 6
I
Rosolution #3032
STATE OF MZNHE80TA )
)
COUNTY OF HENNEPIN )
CITY OF ORONO
Zr Linda S. Vee# Deputy Clerk of the City of Orono#
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 October 28 » 19 91 > and that
the same is a true and correct copy of sai<i resolution was duly
adopted by said City Council at said meeting.
In Witness Whereof* I have hereunto
seal this 30th day of October_ _ _ _ _ _
my hand and
______.
Lin Vee* Deputy Clerk
(SEAL)