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Home My WebLink AboutResolution 5356 r . ��' - __ __ _�_ RESOLUTION EXPIRED � �" �.� � - --- ---- -=-- --- � o �: � � � � CITY of ORONO . � ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESII�g'�G NO. � `: 5 � A RESOLUTTON GRANTTNG VARIANCES TO MUNICTPAL ZONING CODE SECTIONS 78-350(B), 78-1288, AND 78-1279(1) • FILE NO. OS-3091 WHEREAS, Catherine M. Sallas, a single person (hereinafter "the applicant") is the owner of the property located at 3635 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 8, Auditor's Subdivision No. 273, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS,the applicant has made application to the City of Orono for a • variance to Orono Municipal Zoning Code Section 78-350(B) to allow a roof-top deck to � be located 9' from the side lot line where a 10' setback is normally required; and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-75' setback zone of 1,200 s.f. or 31.5%where 0% is normally allowed; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(1) to allow a roof-top deck to be located on the roof of the existing home 49' from the OHWL of Lake Minnetonka where a 75' setback is normally required. � NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File OS-3091. 2. The property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum lot azea of 0.5 acre and a minimum lot width of 100'. • . - Page 1 of 5 � _ �� Q O � CITY of ORONO � � . � - - � , ti �'�L �G'�' RESOLUTION OFTH�E�IT�Y�OUNCIL `9k'ES�I�g' NO. 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2005 and recommended approval of the side setback, lake setback and hardcover vaziances based on the following findings: . a. The property has 0.16 acre or 7,025 s.f. in area and 50' in width at the lake and 50' at the 75' setback from Lake Minnetonka. b. Over half of the applicant's property and half of the applicant's home are located within 75' of the OHWL. c. There is no additional land available for acquisition by the applicant to make the property conforming. d. The roof-top deck will not have a negative impact on light, air or open space within the neighborhood. • c i not out of character for the immediate e. The roof-top de k s neighborhood. f. The roof-top deck does not encroach further into the nonconforming lake or side setbacks than that of the existing house. 4. The City Council reviewed this application on May 9, 2005 and July 25, 2005 and approved the side setback, lake setback and hardcover variances based on the following findings: a. The deck as it exists is not inappropriate as long as its structural integrity and conformance to building code is confirmed. - b. The deck is appropriate only if other deck areas specifically the grade level deck portion lying nearer the lake that the average setback line is removed.. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfaze of the community. • Page 2 of 5 . � �� o � � - C ITY of URONO � � a • ' � ti RESOLUTION OF THE CITY COUNCIL ��`9k.EsH.�g'�G NO. � � � � 6. 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 traff`ic 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.� . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-350(B), 78-1288, and 78- 1279 to allow a roof-top deck above the existing home subject to the following • conditions: � 1. The roof-top deck shall be inspected by the building inspector to assess structural integrity. The applicant shall complete any conections recommended by the building inspector with respect to structural integrity. 2. The applicant shall remove the entire 140 s.f. of grade-level deck which lies ahead of the average lakeshore setback line. 3. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will • require further Planning Commission and City Council review. 4. Hardcover in the 0-75' zone shall not increase above the level of 1,200 s.f. or 31.5%. Hardcover in the 75-250' zone shall be limited to 2,092 s.f. or 64.8% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. • Page 3 of 5 . �°� � o �� CITY of ORONO . � � ti ��l �Gti RESOLUTION OF THE CITY COUNCIL `�k'ESYi�4 NO. 3 c� e� � 5. Applicant shall remove all plastic or fabric liner material from the decorative � landscape beds on the property to ensure their permeability as non-hardcover surfaces. 6. Required removals of structure and hardcover shall be completed prior to the issuance of a building permit for the roof-top deck and no later than October 1, 2005. � 7. Authorities granted by this resolution run with the property not .with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (July 25, 2006). 8. 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 • terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors � and assigns, hereby agrees to the recording of this resolution in the chain of title - of the property. ' Adopted by the Orono City Council on the 25th day of July, 2005. - ATTEST: � � � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) � STATE OF MINNESOTA COUNTY OF HENNEPIN • ' Page 4 of 5 � . . • � O� • o � � - � � CITY of ORON4 a � : � ti - ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESS�g'�G NO. � o� 5 � The foregoing instrument was acknowledged before me on this � day of July, 2005 by Barbaza A. Peterson, Mayor of the City of Orono, a Minnesota municipal • corporation and said instrument was executed on behalf of the City. � 1�_�� _ 1�9� Notary Public , KRISTI B.ANDERSON ; NOTARY PUBLIC-MINNESOTA . ;;�•�,•;;;u My Commission Ezpires Jan.31,2007 � • � y-'�'y�� STATE OF MINNESOTA COUNTY OF'HENNEPIN • The foregoing instrument was acknowledged before me on this _ day of , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this_day of , 2005 by Catherine M. 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