HomeMy WebLinkAbout1987-05-11 Resolution #2172j
(
I !
( ;
r'-'I
City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 2172
< r . *
A RESOLUTION GRANTING
A VARIANCE TO
municipal zoning code
SECTION 10.22, SUBDIVISION 1 & 2
AND SECTION 10.55, SUBDIVISION 8
PILE #1129
of the Property^licated at^3061^Casco"poi^ applicant") Is the owner
(hereinafter "City") and legally Ascribed as fo\low^
(Exhibit A attached), (hereinafter "the property"); and
Municipal « ^«iance to
Subdivision 8 to recoristrict ^ ^ and Section 10.55,
within the 0-75' lakeshore setback residence and construct a new dep)c
and average setback encroachment in hardcover, structure,
structure, or average setback eneroachmo ^^^***^^ zone where no hardcover,
construct an additlortrsuch resT/ence^^^^ allowed; and ti
the 75-250* lakeshore setbaS zone above ^1?® hardcover inallowed# cove the 25% hardcover level normally
Minnesotai"®"' ” RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning Pile #1129.
R4side'’nM?!°K«Jiit. Lakeshore
the following findings: the proposed variance based upon
eiis?i® g'’«rSSuri"‘h"e^„%rhf“"<Jer the
house back from the'lake a slSLj distanc°ef ‘'>®
hius^^'nl'd^'cVlacif s’: ^;it"tin^^lS;eti"o7l^^^^
resSu ?n"nraddftiin‘al ‘?-7f.''\"r®dco*v’'®“’'”Hdecrease the 0-75* hardcover. over, and may actually
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2171
:
C) As a result of moving the house, the 75-250' hardcover will
be increased to 33.1% where only 25% is normally allowed. This
can be justified by the fact that the majority of drainage in the
75-250' zone does not flow toward the lake but is held in the
basin area east of the house.
D) The view encroachment caused by the proposed porch at the
south end of the house is. minimal. The effected neighbor to the
south has submitted a letter of non-objection to the project.
E) The relocation of the municipal sewer line is feasible and
will not cause any problems for the municipal sewer system.
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 demon
strable 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.
COHCLOSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1
and 2 and Section 10.55, Subdivision 8 to reconstruct existing residence
and construct a new deck within the 0-75' lakeshore setback zone,
constituting hardcover, structure, and average setback encroachment in that
setback zone where no hardcover, structures, or average setback
encroachment are normally allowed; and to construct an addition to such
residence that will increase the hardcover in the 75-250' lakeshore setback
zone above the 25% hardcover level normally allowed, subject to the
following conditions:
1. The existing house shall be moved 8' eastward from its present
location, and all proposed additions, including porch, deck, attached
garage, and room additions, shall be similarly moved 8' eastward from
the proposed site plan, resulting in a maximum house encroachment into
the 75' setback zone of 8' and a maximum deck encroachment into that
zone of 16*.
Page 2 of 4
\
\
I
! .ir
\,________
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2172
2. Hardcover in 0-75' setback zone shall not exceed 7.1% or 542 s.f.
Hardcover in the 75-250' setback zone shall not exceed 33.1% or 5»910
s.f. Applicant is advised that no additional hardcover will be
approved and that any future proposals to increase hardcover on the
property mxght be approved only with concurrent removals of equivalent
amounts of existing hardcover so that there is no net increase in
' hardcover percentage.
3. The municipal sewer line may be relocated by applicant's
contractor at applicant's expense upon plan approval by the City
Engineer and Public Works Coordinator. Applicant shall provide plans
for such work prior to issuance of the building permit. Applicant
shall grant a 10' easement either side of the relocated sewer line.
Applicant shall be responsible for obtaining a similar easement for
the City from the affected neighboring property owners. Such
easements shall be granted prior to issuance of building permits for
the residence.
4. Applicant shall provide a revised survey/site plan with the final
proposed house location prior to issuance of a building permit.
5. Authorities granted with 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 (May 11* 1988).
Violation of or non-complia»^ce 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.
7. The undersigned applicant has read* understood and hereby agrees
to the term af 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.
r--\ - ,4
■tlft!-'.
• i City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2172
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J2?’i day of rno_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _before me a Notary Public within and for saljd county^ personally
appeared _ _ _ _lJ q 4iLt'’^._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be
19bV
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.
9<^
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
4:On this
1
JS day of m
is .r. ma/,-kj7"lA)a.
id wh(
“c3s
, 198^# before me
a Notary Public within and for said
, j:person (s) described in and who executed the foregoing Instrument#
nty# personally appeared
known to me to be the
and acknowledged that he (they) executed the same as his
(their) free act and deed.
OOUWTV
4^'^'93
MY COMMISSION EXPIRES
Page 4 of 4
j’riricnip.wu ~'in