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HomeMy WebLinkAbout1985-02-25 Resolution 1730City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1730 GRANTING A VARIANCE TO MUNICIPAL 'ZONING CODE SECTION 10.55, SUBDIVISION 8, AND SECTION 10.22, SUBDIVISION 2 FILE #886 WHEREAS, Richard Ragatz (hereinafter "the applicant") is owner of the property located at 1945 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Fagerness, }:ennepin County, Minnesota, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit the construction of a 770 square foot deck structure of which 404 square feet is to be located 60 feet from the lakeshore and withii, the 0-75 foot lakeshore setback zone where no permanent or temporary structures are normally allowed. NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 886. 2. This property is located within the LR -1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commissiun reviewed this application on January 21, 1985 and recommended approval conditioned on favorable findings by Council that decks which meet certain design standards are not considered as hardcover. 4. No view problem would be encountered. 5. The proposed deck only extends lakeward as far as the extension of the west line of the house to the south. 6. The location of an existing Box Elder tree and the house to the south are factors which limit the acceptable locations for the proposed deck. pace 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1730 7. The location of applicants existing house poses a problem in locating a suitable deck. 8. Applicant has stated that he has removed 150-200 square feet of existing hardcover walkways in the 0-75' setback zone. 9. The front line of the proposed deck does not extend beyond the front line of the home to the south. 10. Sand is to be placed under the surface of the deck as was done in the Krutzig application (Resolution No. 1726) to prevent encroachment of hardcover into the 0-75' setback zone, hence no hardcover variance is required. 11. The deck is low to the ground and will not be noticeable from the lake. 12. A deck on either side of the house does not appear to be practical because of limited space. 13. The steep grade of lake starting at about 30' setback and the average setback of the houses in the area which appears to be 50-60' rather than the required 75' suggests that the natural non -encroachment area is less than 75'. 14. The 15' elevation and steep slope would give a true overland run-off distance of 75' from the lake at about a 70' horizontal distance. 15. The variance will not modify the character of the neighborhood. 16. The proposed deck still meets the Minnesota Department of Natural Resources 50' minimum setback for General Development lakes such as Lake Minnetonka. 17. 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. pacac 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1730 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 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 the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to municipal Code Section 10.55, Subdivision 8 and Section 10.22, Subdivision 2 to permit the construction of a 770 square foot deck structure of which 404 square feet is to be located 60 feet from the lakeshore and within the 0-75 foot lakeshore setback zone where no structures are normally allowed, subject to the following conditions: 1. A permit for the deck must be obtained prior to construction. The entire deck must meet the following minimum design requirements: a) Width of decking boards may range from no less than 4" to no more than 8" in width. b) Ratio of board width to spacing width may be no greater than 12:1 (8.33% open space). c) A 1/2 -inch high wood strip must be installed along the upper perimeter of the deck to prevent direct run- off, except where railing will not be installed. d) A minimum of a 12 -inch depth of sand must be placed under the entire area of the deck and extending downward through any fill layers to the original soil surface. e) The deck platform shat 1 be no higher than 12" above finished grade, or if it is higher, suitable barrier must be placed between the deck and the ground surface to prevent any access which would allow future place- ment of impermeable materials (plastic, concrete slab, etc.) under the deck. page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1730 2. No more than 404 square feet of the deck area may extend into the 0-75 foot setback zone. The deck may extend no further lakeward than the extended front line of the adjacent house to the south. 3. The applicant is placed on notice that the deck and the areas above and below it within the 0-75' setback zone may never be covered with impervious materials, enclosed, or in any way altered so as to become hardcover, without the granting of a hardcover variance by this or a future city Counc-.l. 4. Authorities granted by this variance run with the property not with the owner, 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 (February 25, 1986). 5.. 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. 6. The undersigned applicant has read, understood and here- by 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. Adopted by the City Council on this 25th day of February 1985. ATTEST: 6othy Halla , City Clerk (1) Property owner Mary Butler, Mayor Thomas Frahm, Acting Mayor pa:;e 4 of `i STATE OF MINN'SOTA ) )s;. COUNTY OF IiFNNEPIN ) City of ORONO RESOLUTION Or THE CITY COUNCIL NO. _� .l i o _ On this__ day of _ _ 1935, before me a Notary Public within and fer �said� County, pe:::onaIIy appeared _ known to me to the person(s)�described__ in end r.h� execs: ed the foregoing ztrument, and acknowledged that he (ti-,ey) execu-.ed the same as his :.heir) free act and deed. MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF NENNEP?N ) On this; -;)77-'4'- day of. /iS a�-,�_, 1985, before mcg a Notary Public within and for said County, personally appeared 'T1 Z. L_"14_gy^J`'/�� known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that h executed the same ar his (their) free act and deed. .2 NOTAM PUBLIC MY COMMISSI N EXPIRES page 5 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL CITY ,NO. 1730 OF ORONO 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 riot merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable harlship of difficulty; is necessary to preserve a substantial property richt of the applicant; and would be in keeping with the spirit and intent of the Zoning jl Code and Comprehensive Plan of the City. Q CONCLUSIONS, ORDER AND CONDIT.- -S Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Code Section 10.55, Subdivision 6 and Section 10.22, Subdivision 2 to permit the Q construction of a 770 square foot deck structure of which 404 square feet is to be located 60 feet from the lakeshore and •.:ithi.n the 0-75 foot lakeshore setback zone where no structures are normally allowed, subject to the following conditions: Q 1. A permit for the deck must be obtained prior to construction. The entire deck must meet the follot:ing minimum design requirements: / a) 1-.idth of decking boards may range from no less than 4" to no more than 8" in width. �b) Ratic of board width to spacing width may be no greater than 12:1 (8.33% open space). > .. rar 7 ^� Ck1r�G Y c) A 1/2 -inch high wood stip must be installed along j the upper perimeter of the deck to prevent direct run- U off, except where railing will not be installed. n /fid) A minimum of a 12 -inch depth of sand must be placed ` V/ under the entire area of the deck and extending downward through any fill layers to the original soil surface. �e) The deck platform shall be no higher than 12" above finished grade, or if it is higher, suitable barrier must be placed between the deck and the ground surface to prevent any access which would allow future place- ment of impermeable materials (plastic, concrete slab, etc.) under the deck. I ..