HomeMy WebLinkAbout1986-12-08 Resolution 2104City of ORONO
! a RESOLUTION Or THE CITY COUNCIL
4 NO. 2104
A RESOLUTION GRANTING
VARIANCES TO
!MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND
SECTION 10.22, SUBDIVISION 1 AND 2, AND
SECTION 10.25, SUBDIVISION 6 (B)
FILE #1081
WHEREAS, Gregory W. Long (hereinafter "the applicant") is
the owner of the property located at 3359 Crystal Bay Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 12, Wallace's Addition to the Village of Minnetonka Beach,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.55, Subdivision 8 and Section
10.22, Subdivis.-on 1 to construct an enclosed porch and deck addition
to be located within the 0-75' lakeshore setback zone and located
nearer the lakeshore than the average distance from the lakeshore of
neighboring adjacent residences, where such structure and average
setback encroachment is not normally allowed, and a variance to
Section 10.22, Subdivision 2 to permit excessive hardcover in the 0-
75' and 75-250' lakeshore setback zones where 0t hardcover and 251
hardcover limitations respectively normally apply, and a variance to
Section 10.25, Subdivision 6 (B) to allow a side yard setback of 9.5
feet where a side yard setback of 10 feet is normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIED:; NGS
1. This application was reviewed as Zoning File #1081.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
October 20, 1986, and recommended approval of the proposed
variances based upon the foil -)wing findings:
A) The requested side setback variance of 0.5' is a
continuation of the line of the existing house and only one
corner of the proposed addition requires the variance due to
the angle of the ?souse in relation to the side property
line.
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City of ORONO
d
�• RESOLUTION OF THE CITY COUNCIL
. NO
- 2104
B) The neighbor whose view's would be most affected by the
average lakeshore setback encroachment, John Kust of 3355
Crystal Bay Road, has submitted a letter of non -objection
regarding the addition.
C) The existing residence is located 77 feet from the
lakeshore. The majority of the proposed adds. con in the 0-
75' setback zone is over existing driveway hardcover. Any
comparably sized addition located in the west side yard
would result in the need for even more hardcover than is
proposed now, hence the proposed location creates a
relatively minimal hardcover increase on the property.
D) Existing hardcover
the roadway, is 1,152
is gravel driveway.
east of proposed porch
portion of deck which
area, resulting in no
zone.
in the 0-75' setback zone, excluding
s.f. or 41.9%, the majority of which
The portion of the driveway located
can be removed to compensate for the
will be over existing grassed yard
net hardcover increase in the 0-75'
4. The City Council finds that a reduction of the addition to
13' rather than the proposed 16' will result in an encroachment
of 11' into the 0-75' setback zone, and further finds that a
reduction of driveway width from the existing 24' to a 16' width,
will result in a final 0-75' hardcover of 805 s.f. or 29.31, a
reduction from the existing 1,15z s.f. or 41.94.
5. The City Council has considered this application including
the findings and recommendations of the Pianning 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.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to otner
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
necessa-, to alleviate a demonstrable hardship or difficulty; is
necess, •y to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of
the 2ca.;.,ig Code and Comprehensive Plan of the City.
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i
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ,_2104
Q �� 4�AUy1
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.55,
Subdivision 8 and Section 10.22, Subdivision 1 to construct a porch
and deck addition located 64 feet from the lakeshore and encroaching
14.5 feet into the required average lakeshore setback, where a 75•
lakeshore setback is normally required and where encroachment into the
average lakeshore setback is not normally allowed, and grants a
variance to Section 10.22, Subdivision 2 to permit 29.3• hardcover in
the 0-75' lakeshore setback zone where no hardcover is normally
allowed, and to permit 42.6% hardcover in the 75-250' lakeshore set-
back zone where a maximum of 25% hardcover is normally allowed, and
grants a variance to Section 10.25, Subdivision 6 (B) to permit a side
yard setback of 9.5 feet where a 10 foot side yard setback is normally
required, subject to the following conditions:
1. Hardcover in the 0-75' setback zone, including driveway,
deck, porch, sidewalks, stairs, etc. shall not exceed 805 s.f. or
29.3% (lot area 0-75' - 2,750 s.f.). Prior to final inspection
of the addition, applicant shall reduce the driveway surface to a
16' width. The portions of driveway removed shall be replaced
with grass or other suitable permeable groundcov-r. The porch
and deck addition shall extend no more than 13' forward from the
existing house.
2. Hardcover in the 75-250' setback zone shall not exceed 1,129
s.f. or 42.64 (lot area 75-2501 - 2,650 s.f.).
3. Applicant is advised that future proposals resulting in an
increase in hardcover on the property will not be approved, and
might be approved only with concurrent removals of equivalent
amounts of existing hardcover.
4. Authorities granted by this variance run with the property
not with the applicant, 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 (December 8, 1987).
5. Violation of or non-compliance with any of the terms and
conditions of this variance shall consW.ute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
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llf '' i.
City of ORONO
,r RESOLUTION OF THE CITY CCri NCIL
NO. 2104
1111We undexoigned applicant has read, linderstood and hereby
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 Orono City Council on this 8th day of
December, 1986.
ATTiST:
/Do of y M I 'HalAliii, City Clerk
v
Propffrty✓oftner ( s
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ii�
`Mlaxor
-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of ORONO
)
ss.
RESOLUTION OF THE CITY COUNCIL
NO.
2104
"'� On this /'=� day of L n1 b c.r . 1986
before me a Notary Public within and for said county, personally
appeared (- re a o-y-u W, + 24^-�e IGk J . L r—c� known to me to be
the persons de cribed in and who exe uted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
L
00 TA
oft�9 94-W
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this day of , 1986, before me
a Notary PublIc within and for saia County, personally appeared
known to me to be the
persons described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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