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Home My WebLink AboutResolution 1163 � d _ , � c�t o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 1163 • - • • A RESOLUTION APPROVING A SIDE YARD VARIANCE FOR STEVEN HAVERBERG FOR A SCREENED PORCH CONSTRUCTED WITHOUT A BUILDING PERMIT AND THE REQUIRED ZONIr1G REVIEW WHEREAS , the Planning Commission and Council have reviewed a variance application for Steven Haverberg seeking approval for a screened porch constructed without a building permit on his residence at 3215 Crystal Bay Road, legally described as follows : COti ON THE SWLY LIh:E OF LOT 1 AT A PT DIS 213 14E100 FT NWLY FROh1 THE INTERSEC OF THE S�aLY LIRE OF LOT 1 EXTE�:DED AND THE h�LY LINE OF R£tJ OF GREAT NORTHERN R R TH NELY AT AN AFJGLE TO THE RT OF 82 DEG 55 HIN A DIS OF 180 FT TO THE ACTl1AL PT OF BEG OF THE TRACT TO BE HEREINAFTER DESC TH CONT ON LAST�DESC COURSE 60 FT TH SELY 263 2810 FT TO A PT - IN TtiE N'�LY LIti: OF SAID R R REW DIS 140 FT NELY OF ITS INTERSEC kITH THE SaLY LINE OF LOT 1 EXTE�:DED TH SWLY ALONG SAID R&W LINE 35 FT TH N:�LY 247 7810 FT TO THE ACTUAL PT OF BEG ALSO ALL THAT TRI:CT OF LAND LYING BET TN[ AeOVE CESC TRACT AND LAKE MTKA AND 8ET TNE ELY AND WLY LI�:ES OF SAID TP.QCT EXTEt:DED WHEREAS , the subject structure does require a side yard variance; and WHEREAS , Steven Haverberg has in good faith applied for a side yard variance understands the full implication and penalties involved, NOW, THEREFORE, BE IT RESOLVED, that based upon Planning Commission and City Staff research, the City Council hereby makes the following findings : l . The subject property is a single, separately owned lot containing 12, 517 square feet of area, located in the LR-1C Single Family Lakeshore Residential District which district requires 1/2 acre (21,780 sq. ft. ) of land per residence. 2 . Steven Haverberg, sometime in the summer of 1979 , did construct a 12 ' X 18 ' screened porch without a building permit as required by Ordinance 32 . 260 of the Orono Zoning � Code. 3. The existing slab, approximately 26 ' X 12 ' in area, ,- extends to 2 . 3 feet of the west property line. The screened porch, defined as a structure per Ordinance No. 32 . 260, is an encroachment and requires a variance per Ordinance No. 34. 552. The LR-1C District requires a 10 ft. side yard setback. Variance requested: 7 . 7 feet = 770 PAGE / OF .3 _ � Cit o� ORONO � � RESOLUTION OF THE CITY COUNCIL • NO. 1163 • - • • 4 . The immediate neighbors , Dr. Herbert Mikkelson, 3205 Crystal Bay Road and bir. Wayne Schibilla, 3235 Crystal Bay Road have written letters to the file stating no objection to the screened porch. Schibilla, neighbor most affected by the encroaching structure , asks that the City forbid any future attempt to enclose said structure. 5. The special condition� applying to the structure or land in question are peculiar to such property or immediately surrounding property and do not apply generally to other land or structures in the district in which s,�id land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 7 . The granting of the proposed variance will not in any way impair the public health, safety, comfort, morals or - general welfare. 8 . The granting of the proposed variance will not be contrary to the intent of the Comprehensive Land Use Plan or the Zoning Code. 9 . The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties resulting from the location of the existing house on the lot. FURTHERMOP.E, BE IT RESOLVED, that based upon the foregoing findings, the City Council hereby approves the side yard variance as requested subject to the following conditions: 1. " Upon the signing of this agreement, applicant must obtain a building permit for screened porch. Applicant will pay a penalty fee. 2 . Applicant will have 10 days to make any structural changes deemed necessary by the building inspector to bring the structure into compliance with the 5tate Building Code. • 3 . The screened porch area can never be enclosed as a . "room addition" to the principal structure. The subject area must remain open and limited to screen porch use. PAGE � OF 3 e <<_- Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. • • � • 4 . This resolution shall be filed with the Hennepin County Recorder' s Office upon receiving formal approval of the Orano City Council. Adopted by th� City Council of the City of Orono on the 14th day of July , 1980. William B. Va est, Mayor ATTEST: � ^ alter R. enson, City Administrator ?.��{_ � t ��1 c C)�_. Steven Haverberg Date � � PAGE -', OF -� .. r - STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution No. 1163 passed by the City Council of the City of Orono on .7uly 14 , 19 80 , on file in the office of the City Clerk/Administrator, City of Orono. A �� _� Walt r R Benson, City Administrator Dated this Fourteenth day of Julv , 19 gp fT