The URL can be used to link to this page

Home My WebLink AboutResolution 5143 � O� � � O O �� CITY of ORONO � ,� -- :. � � , ti ti RESOLUTION OF THE CITY COUNCIL �L`9k'ESH.04�G NO. 5 � � � A RESOLUTION GR.ANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 04-2982 WHEREA5, Lyle Johnson & Claryce Johnson, husband and wife (hereinafter "the applicants") are the owners of the property located at 1398 Rest Point Road, within the City of Orono (hereinafter the"City") and legally described as follows: Lot 3, Subdivision of Lot 14, Rest Point Park,Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono • for an after-the-fact variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-75' zone of 60 s.f. or 1.14% and in the 75'-250' zone of 2,356 s.f. or 43.2% for the construction of a grade-level deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-2982. 2. The property is located in the LR-1B single family lakeshore zoning district,which requires a minimum lot area of 1 acre. 3. The Plannuig Commission reviewed this application at a public hearing held on March 15, 2004 and recommended conditional approval of variances based on the following findings and conditions: a. The applicants constructed a grade-level deck partially in the 0-75' zone and partially in the 75'-250' zone without obtaining appropriate . permits or approvals. � Page 1 of 5 � O� � . Q � O g C ITY of ORONO � , � �, ti ti RESOLUTION OF THE CITY COUNCIL ��`4kEsS��G NO. .'rS � � � b. Planning Commission finds no hardship to justify the requested magnitude of hardcover to allow the entire 12' x 14' deck as constructed to remain. c. Planning Commission finds that there is justification to allow an after- the-fact hardcover variance to allow a 12' x 5' deck within the 75'- 250' setback zone as a doorway landing and seating area. d. Planning Commission finds no hardship to justify allowing the portions of the newly constructed deck which extend into the required lakeshore setback to remain. 4. , The City Council has considered this application including the findings � and recominendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed • 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 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 applicants, but is necessary to alleviate a demonstrable 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 fmdings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 2,312.9 s.f. or 42.4%within the 75'-250' setback zone from the OHWL where 24% is normally allowed, subject to the following conditions: . l. Council approval is based on the site plan submitted by the applicants as ' 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. • Page 2 of 5 �°� • � �. ° g C ITY of ORON4 � � ., � �� G�' � RESOLUTION OF THE CITY COUNCIL L`�kES�I04� NO. � � � � 2. Hardcover in the 0-75' zone shall not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 2,312.9 s.f. or 42.4%per the annotated site plan and hardcover allowance summary as depicted on Exhibit A. Applicants are 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. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Applicants shall apply for a building permit for the new deck, and shall revise the deck to a dimension no greater than 5' deep by 12' wide, plus one step not to exceed four(4) square feet in area. • 5. Required removals of structure and hardcover shall be completed within 30 days of the date of this resolution. 6. Authorities granted by this resolution run with the property not with the applicants, but are pernussive 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(April 12, 2005). 7. 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 . tertninate any authority granted herein, and shall be punishable as a misdemeanor. 8. .The undersigned applicants have read, understood and hereby agree to the terms 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 the 12`h day of April, 2004. • Page 3 of 5 � °� . • � � ° � C ITY of ORONO � -- :- � ti �'�L �Gti' • RESOLUTION OF THE CIT�Y COUNCIL `9k'ES8�4 NO. D A � ATTEST: • �/ ,D ' �-� ' � � V /W/ Linda S. Vee;City Clerk Barbara A. Peterson, Mayor � t-- '� ' Pro erty O er(s) • STATE OF MINNESOTA COUNTY OF HENNEP]N S� n The foregoing instrument was acknowledged before me on this �� day of �f'►�pn I , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� i; �� RACHEL DODGE � Notary Public �� N07ARY P(�I,IC-MINhE^,OTq . �;4 �_,�' MY�ommission ExpGe,y Jan.31,20Q5 �� , 4 ^��_;'i • Page 4 of 5 � °� • � ° �� CITY of ORONO � ,� -, ; �., ti �.�L �G'�' � RESOLUTION OF THE CI�Y�COUNCIL `9k'ESH.04 NO. ffi � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /.5F day of rcL , 2004 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. ` BARBARA G.SILUS �"�` hiOTARY PUBLIC-MINNESOTA �;;,;;��' N►y Commission Expires Jan.31,2008 Notary Public State of Minnesota ) ) ss. • • County of Hennepin ) Th.is instniment was acknowledged before me this�� day of n , 2004 bY LS//.e ,ql�/�/�lo/► ,h band of Claryce ohnson. DENISE M.LESKINEN NOTARYPUBLIC-MiNNESOTA NOt Public ` `'`�;,,,:�' My Cortunis�bn Expires Jan.31,2005 �Y State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this Z/ day of t7� /'. ! , 2004 by �/�..rt�e¢,. jo�j�sav� ,wife of Lyle Johnson. '. " D�NISF M.LESKINEN �,�� NOTARY PUBLIC-MINNESOTA ^;«�. My Commisston Expfres Jan.31,2005 Notary Public • _ , Page 5 of 5 , . , ;, . CERTIFICATE OF SURVEY FOR �c�-,�,�-�- � -� LYLE 8c CORKY J � HNSC� N �J � OF LOT 3, SUBDIVISION OF LOT 14 REST POINt PARK HENNEPIN� COUNTY, MINNESOTA � • p�� r. 51 � � 9 � �pp�n � 1�0 �,� ' , \f 1 l�T�� 0��`` � �" ��c�ns�E ., : � � ' � ��. �y ,�... i tJl . ^ � `�o0 4` ,�'r�•" � � � y'� � (0373) �O "�.'� J BLACKTOP n CS ) � r ^ �o/ �,Y � D�v�w�r�-• � � „ �= . .. . •- ' � � Id � uc S. r t r�D'% �� 1 D/ (B31A �ALI,� t�t �� ' � £ �" � '� 9� 'C � � �1 / � . '� 4 . !q �'r ' �'2 T �th(.�V!� , 0 ��, �� . � EXISTING ,.�� •p�Tto��o PD!' d �-/ , . � �� Hous� p,�- � ,0 � � . ��.�� ' �ap.� � 1398 � � � �� Di 'j� � o'° � `�c?'' �'��'��'�¢- ,6 � �O v � . ��.rp� � OQ Q�,(y� 0 . �� ,�y,/`"�� p�L� J .'/' i " . �,f�(�(�� : / � + ,�� s� s�aAac t_a� �/ ' i� i . '!_ ! ' � . aw � � / J �� • ' , �� c9�� • -� /g$� ,� ,x / 6 .� - / �` � /,�,�5 ,9'�`�� od� . �goDc .' � ' . ./ � . �, S " . '-,`�"'Y',/"' �``� .`_„"^-929.4 CONTOUR LINE � ��# LAKE . � � MINNETONKA LEGAL DESCRIPTION OF PREMISES : � ' �, Lot 3, Subdivision of 'Lot 14, Rest Point Park WEST ARM o : denotes i ron marker• ' ' -' (soe.3): denotes existing spot elevation, mean sea level datun . ____g�p---: denotes existing contour line, mean sea level dat�n �� Bear i ngs shown are based upon an asst,m�ed dat�n. 4 . �. ' This survey �ntends to show the boundaries of the above , ,, described property, the .location of an existing house • and garage, and the location of all visible "hardcover" ' fe4� thereon. It does not purport to show any other improvements or encroachrnents. ' �` • - s� �� I frreby cctify tht Uds sirrey tas prepured by me a ud�r rtry drect�- 1 ua20' � GRONBE$G&�SSOCIATES,INC. ��of the Stale of l�innesot��eer md Lmd Suveya uda pA� Op&t7lC Elf6ffDt5 tA1D StR4EY�5,9IE PLANF� 11-13-03 '�+�,.� M511 IiLIAW[PoYE LQG UU�1!1�356 /�„��f' ,we No. • �;�� 952--F73-4141 �g Q.� ��ta Li Nrnber 12755 03-420 1 �20