HomeMy WebLinkAboutResolution 1199 .a
C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
• No. // 9'9
. - . .
A RESOLUTION ACTING ON HARDCOVER VARIANCES
FOR DONALD NELSON, 2705 WALTERS PORT LANE
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
zoning ordinances for the orderly, economic and safe use and development
of land within the City; and
WHEREAS, Donald Nelson of 2705 Walters Port Lane has applied
for variances to Section 34. 202 of the Zoning Code; and
WHEREAS, the application has been reviewed by the Planning
Commission, City Staff and Cauncil members,
NOW, THEREFORE, BE IT RESOLVED, that the -City Council of the
City of Orono hereby makes the following findings of fact:
1. The performance standards of Section 34. 202 provide
maximum amounts of hardsurface coverage adjacent to Lake
Minnetonka as follows:
34. 202 Lakeshore Hardcover Regulations. Within 75 feet
of shoreline there shall be no excavating, filling, hard-
cover, temporary or permanent structures. Within 75 to
250 feet of the shoreline there shall be no greater than
25� hardcover. Within 250 to 500 feet of the shoreline
there shall be no greater than 30g hardcover. Within 500
to 1000 feet of shoreline there shall be no greater than
35g hardcover.
2. The existing Nelson property already has more hardcover
than permitted by Section 34. 202. In the zone between
75 & 250 feet from the shoreline, the existing house, driveway
and patio total 4, 877 s. f. or 29� of the 17, 066 s. f, lot area
in this zone, 4� more than the 25� maximum permitted.
3. The proposed patio would add an additional 1, 275 s. f.
of hardsurface in the 75-250 ft. zone for a total 6,152 s. f.
or 36$ of the lot area, 11� more- than the 25$ maximum
hardcover permitted.
4. The proposed patio would also extend into the 0-75 ft.
zone being 69 ft. from the lakeshore. This portion of
the patio would add 120 s.f, of permanent hardcover where
none is permitted by Section 34. 202.
� ;PAG E_�O F �
- C�t� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. _ /�f�y-
• - • •
5. The stated purpose of the patio extension within
75' of the shoreline is to surface around a chosen location
for a hot tub.
6. The hot tub could have been located closer to the
house and/or south proper�y line without requiring
lakeshore or side setback variances for the patio.
7. The lot is located at the bottom of a drainage area
� and is relatively flat with the lakeshore yard being
damp or wet most of the year_
8. Part of the patio design includes a subsurface
drainage system and drywell intended to collect patio
runoff and prevent direct runoff into the lake.
9. The Planning Commission recommended �approval of an
� -- 11$ hardcover variance to permit construction of the
majority of the proposed patio.
10. The Planning Commission recommended denial of any
variance to that portion of Section 34 . 202 that prohibits
hardcover within 75 ft. of the lakeshore.
AND, BE IT FURTHERMORE RESOLVED, that based upon the record
of the proceedings in this application and upon the above specific
findings of fact, the City Council hereby makes the following
determinations:
l. An llg variance to Section 34. 202 is hereby granted to
allow construction of a hardsurface patio between the house
and the 75 ft. lakeshore setback line as shown on Exhibit A
finding that the existing drainage problems are unique to
the lot and constitute a hardship to normal use of the property
and that installation of the patio and drainage system would
alleviate the hardship without being detrimental to Lake
Minnetonka drainage.
2. The requested variance to place hardcover within 75 ft.
- of the shoreline is hereby denied finding that the applicant
has other options available and has not proven any legal
hardship necessary to justify issuance of such variance.
�� PAG E a O F -3
- c�t� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
� NO. _ ����
• - • •
3. No hardcover is allowed within 75 ft. of the lagoon
shoreline.
4. That part of the plan, Exhibit A, showing patio within
` 75 ft. of the shoreline is specifically disapproved and
may not be constructed.
5. The remaining part of the patio, located more than
75 ft. from the shoreline may be constructed as shown
on the plan, Exhibit A, provided that the maximum in place
hardcover for patio, house, driveway and all other purposes
may not exceed 36$ of the lot area located in the zone
between 75 ft. & 250 ft. from the shoreline.
6. No additional hardcover will be permitted on the property
__ unless a similar amount is. first removed.
Adopted by the City Council of the City of Orono on the �_�
day of - , 1980.
�
William B. Van Nest, Mayor
ATTEST:
/2%�
Walter Benson, City Administrator
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