HomeMy WebLinkAboutResolution 5254 �������
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A RESOLUTIOI�` GRANTING �
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A RENEWAL VARIANCE Q
TO MUNICIPAL ZONING CODE
SECTION 78-1288 (B)
FILE NO. 04-3047
WHEREAS, Bruce F. Meese & Maureen E. Muiphy, husband and wife
(hereinafter "the applicants") are the owners of the property located at 3135 Casco Circle
within the City of Orono (hereinafter the "City") and legally described as follows:
Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part
of the tract of land between said avenue and the shore of Lake Minnetonka, all
described as beginning at the Northwest coiner of Lot 41, which point is marked
by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence
South along the West line of Lot 41 and its extension, a distance of 219.07 feet,
which point is marked by a Judicial Landmark set pursuant to Torrens Case
Number 16333; thence continuing South along said extension to the shore of Lake
Miruzetonka; thence Easterly along said shore to its intersection with the southerly
extension of the East line of Lot 41; thence North to the Northeast corner of Lot
' �y�� 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0
� feet Northwesterly from the most Easterly corner of Lot 64, thence Northwesterly
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��' along said Northwesterly line to its intersection with a line drawn parallel with
"' '` , and 24.00 feet Southeasterly, measured at right angles from the Northwesterly
line of Lot 64 and its extension, which a point is marked by a Judicial Landmark
set pursuant to Torrens Case Number 16333; thence Southwesterly along said
parallel line a distance of 68.94 feet, more or less to a point 4.00 feet
Southwesterly along said parallel line from its intersection with the extension
North of the West line of Lot 41, which point is marked by a Judicial Landmark
set pursuant to Torrens Case No. 16333; thence Southerly a distance of 51.35 feet,
more or less, to the point of beginning; all in SPRING PARK, according to the
plat thereof on file or of record in the office of the Register of Deeds in and for
said County.
(hereinafter the"property"); and
WHEREAS, the applicants have made application to the City of Orono
for a renewal hardcover and lake setback variance to Orono Municipal Zoning Code
Section Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to
remain in the 0-75' zone, such deck and retaining wall constituting structure and 6%
hardcover (excluding allowed stairway access) when no stiucture and 0% hardcover is
normally allowed.
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RESOLUTION OF THE CITY COUNCI L
��`9kESI3��'�G NO. � � � �
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Miiuiesota:
FINDINGS
1. This renewal application was reviewed as Zoning File #04-3047. The
original application was reviewed as Zoning File #03-2936.
2. The property is located in the LR — 1C zoning district, which requires a
minimum lot area of '/Z acre and a minimum lot width of 100 feet. The
applicants' propet�ty is .49 acres and has a width of 60 feet.
3. The Planning Commission reviewed this application at a public hearing
held on September 20, 2004 and granted approval of the renewal
hardcover and lake setback variance for the 0-75' zone based on the
following City Council findings of original 2003 application:
a. The nature of the property in the 0-75' zone is steep slopes being
supported by retaining walls.
b. Currently, the existing lakeshore deck is bolted to a concrete retaining
wall which is supporting 8' of earth.
c. After engineering reviews,the interdependency of the wall on the deck
is inconclusive; however, Council action to require removal of the
deck may have unintended negative consequences. Should the deck be
required to be removed and detached from the retaining wall, there is
the potential that the retaining wall may fail, subsequently causing
slope failure.
d. The existing conditions of the retaining wall and attached deck support
the slope.
e. Absent the unique conditions noted above, the lakeshore deck would
normally not be allowed to remain, as it is a nonconforming structure
� and the property is undergoing a complete teardown/rebuild of the
principal structure.
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4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
renewal 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 tlze renewal 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
applicants, but is necessary to alleviate a deinonstrable hardship or
difficulty; is necessary to preserve a substantial property right of the
applicants; 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, tlze Orono City Council hereby
grants renewal hardcover and lake setback variance to Orono Municipal Zoning Code
Section 78-1288 (B) to allow a lakeside deck a.nd adjacent retaining walls to remain in
the 0-75' zone, such deck and retaining wall constituting structure and 6% hardcover
(excluding allowed stairway access) when no structure and 0% hardcover is normally
allowed, subject to the following conditions:
1. 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
ainendments to the site plan which are not in conformity with City codes will
require further Planning Commissioii aizd City Council review.
2. Hardcover in the 0-75' zone shall not increase above the 6% level. Applicants are
advised that any firture 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.
3. Should at any point in time the retaining wall or deck need to be replaced, the
lakeside deck must be removed in its entirety and shall not be replaced. Also,the
slope must be re-vegetated with plant material approved by City staff in the event
that the deck is removed. As allowed by Section 78-1282, a 32 square foot
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�� ' �"��/` ' G'�' RESOLUTION OF THE CITY COUNCIL
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landinb may be constructed in the 0-75' zone in the event that the deck is replaced
but under no circumstances may a 32 square foot landing be constructed in
addition to the lakeside deck. The e�istin� lattice work below the deck shall be
replaced by vegetation.
4. Authorities granted by this i•esolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a buildin�
permit for the construction of the new house within one year of the date of
Council approval, or the variance �vill e::pire on that date (November 22, 2005).
5. Violation of or non-compliance with any of the terms and COI1dit1011S of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a inisdemeanor.
6. The undersigned applicants have read, understand and hereby agree to the tern�s
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on this 22°`� day of November, 2004.
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'� �� `r' �,�.. ` .� Linda 5.`Vee, City Clerk Barbara A. Peterson, Mayor
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RESOLUTION OF THE CITY COUNCIL
L�kES1'iO4'� NO. � � �> u,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoiiig instrument was acknowledged before me on this � � day of
' _ , , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Mimlesota
- inunicipal cot•poration and said instrument was executed on behalf of the City. - -
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��'� Notary Public
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} �!C'Sf.RY i�tlBLit'-irl�tiniF�':�`'
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acicnowledged before me on this �� day of
I ��.C.`, ;�, ',�_ , 2004 by Linda S. Vee, City Clerlc of the City of Orono, a Mirulesota
� municipal corporation and said instrument was executed on behal£of the City.
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L�kEsH04� NO. � � ,� �
State of Miru�esota )
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County of Hennepin )
This instrument was acknowledged before me this ��day of�QCP�n��, 2004
by Bruce F. Meese, husband of Ivlaureen E. Murphy.
G.StLUS �
�,, BARBARp► MI�NG,CTA ����
.i�•,:.-:;_� '' ;;OTARY PUetIC'res Jan.31,2006
'''��;';�` pdy Comrtiusion ExP
Notary Public
State of Minnesota )
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County of Hennepin )
This instrument was acknowledged before me thisc�i cCay of �PCciyvc�G�2004
by Maureen E. Murphy, wife of Brl eese.
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