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Home My WebLink AboutResolution 1335 � l Cit� of ORONO . RESOLUTION OF THE CITY COUNCIL • NO. 1335 � : � ' • • � A RESOLUTION APPROVING A HARDCOVER VARIANCE APPLICATION FOR MICHAEL PLUHM ON PROPERTY LOCATED AT 2710 WALTERS PORT LANE WHEREAS, the City of Orono is a Municipal Corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statute 412 et. seq. and 463 et. seq. , � the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and welfare; and WHEREA5, pursuant to section 34 . 202 of the Orono Zoning Code Michael Pluhm has been required to file a hardcover variarice application to permit the contruction of an addition to his residence at 2710 Walters Port Lane which is legally described as Lot 5, Block 3, Walters-Port, Hennepin County, Minnesota, hereinafter referred to as the property; and WHEREAS, the City Council has reviewed the application, the recommendations of staff and the Planning Commission, the letters and • comments of the neighbors and the letters and comments made by the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono hereby approves the hardcover variance application of Michael Pluhm to permit construction of an addition to his residence based on , � one or more of the following findings of fact: 1 - The property is located in the LR-1B zoning district requiring a minimum of 43, 560 sf in area; the area of the Pluhm property is �9, 000 sf. 2 - 870 sf of hardcover exists within the 0 - 75 ' lakeshore setback area in which none is allowed. The applicant will remove 300 sf of existing hardcover leaving a total of 570 sf of hardcover consisting of a partion of a patio and pool house. 3 - 13, 288 sf of hardcover exists within the 75 ' - 250 ' lakeshore setback area in which 9000 sf is allowed. The new construction wi11 call for an additional 543 sf of hardcover leaving a total of 13, 831 sf with an excess of 4, 831. 4 - 22, 250 sf or 38� of the total lot area of 59, 000 sf is located within the 0 - 75 ' lakeshore setback area and is excluded from the building envelope. f � � �. �P�ichael Pluhm Page 2 • ` C�t� of ORONO • . RESOLUTION OF THE CITY COUNCIL NO. _ _� �� • � . � � • • . 5 - The actual hardcover increase for the total � . property is 243 sf based on the simultaneous removal of the boat house floor and substructure � consisting of 300 sf of hardcover. 6 - The exterior design of the house and the location of the house on the property will only permit additional construction within the 75 ' - 250 ' lakeshore setback area. 7 - The integrity of the interior design of the house prevents the construction of a second story. 8 - The applicant and William Mernick, owner of the land to the imm.ediate east of the Pluhm property, Lot 2 Auditors Subdivision No. 344, have filed a subdivision application with the City of Orono on October 5, 1981. 9 - The subdivision will give Pluhm an additional • 3 acres of land resulting in a 4. 05 acre lot. 10 - The acquisition of the additional acreage will greatly increase the 1.akeshore setback areas located within 75 ' and 500 ' from the main lake and lagoon areas. 11 - Upon completion of the subdivision the applicant will be required to enter into an open space easement with the City that will limit all future improvements on the 4. 05 acre site to an upgrading of the driveway and a future tennis court. 12 - Upon completion of the subdivision the applicant will construct a new access to his residence and � close off the e�isting access onto Walters Port Lane. 13 - Upon completion of the subdivision the applicant will be required to submit a drainage plan for the rear or north portion of his property that would deal with the following areas of concern: a) landscaping and grading of access area at Walters Port Road b) landscaping and grading to effect the redirection of drainage from rear of lot to the east and thence north to wetland on Pluhm • property. `�N�Iichael Pluhm . � Page 3 l Cit� o� ORONO • . RESOLUTION OF THE CITY COUNCIL � NO. 13�� . � .'� � � __�tjfrw 4l�, . . 14 - Council finds the entire Walters Port neighborhood will benefit by the proposed subdivision in eliminating another residential building site in an area already troubled with surface drainage problems. 15 - The special conditions applying to this property are peculiar to such and do not apply generally to other land in the district in which this property is located. 16 - The granting of this variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. 17 - The granting of the proposed variance will not in any way impair the public health, safety, comfort, morals or general welfare. � 18 - The granting of this variance will not merely seem as a convenience to the applicant, but is necessary � to alleviate demonstrated hardships and difficulties . FURTHERMORE, BE IT RESOLVED that based upon the foregoing findings, the City Council approves the hardcover variance of an additional 543 sf of hardcover to permit construction of an addition to the Michael Pluhm residence subject to the complete removal of the boat hous� structure within the 0 - 75 ' lakeshore setback area, such removal to be completed �prior to a footing inspection for the new addition, staff will review the issue of the pilings at the time of that removal. AND, FURTHERMORE BE IT RESOLVED that in the event the above referenced subdivision has not been finalized by February l, 1982, Council in granting approval of this variance application and permitting the immediate construction of the addition will require the following additional improvements to be completed by March 31, 1982, on the lot legally described as Lot 5, Block 3 Walters-Port: 1 - Tfie removal of the "loop" section of the driveway consisting of approximately 3, 000 sf to 3, 500 sf � of hardcover. 2 - Applicant must submit a drainage plan for the rear portion of his praperty to be reviewed by staff. Additional landscaping or grading may be required to alleviate the drainage concerns along the northern boundary of lot. � . � ,=:�tichael Pluhm Page 4 . � � c�t� o� oR,oNO . RESOLUTION OF THE CITY COUNCIL • NO. 1335 • _ � • . �f�;,�;:�:$��,�;,:. Adopted by the Cit Council of the City of Orono, Minnesota at a regular meeting held . �ji-�„�,�� , 1981. . t � �/ William B. Van Nest, Mayor ATTEST: �"2%i%�-�'��`/. • Alberta M. Strom, City Clerk � � � _:f ,�Michael Pluhm Page 5 l Cit� of ORONO � . � RESOLUTION OF THE CITY COUNCIL ,� • NO. 1335 ' �' • ' • • , . �..i��.`.ri' I have read and understood the above resolution and agree on behalf of myself, successors, and assigns that the use of the above ' described property may be so regulated by the City of Orono and agree to the filing of a copy of • this resolution in the chain of title to the property. . • � ��^'� Michael Pluhm STATE OF MINNESOTA ) ) ss. COUNTY OF HENEPIN ) • The foregoing instrument was acknowledged before me this a�-� day o f Ck.�be,f- , 19 81, by ��. Notary ublic . AA�AAAA�AA.�.II�AA,IMAR�+'•!IAMS 1�k�AAA JUDITH L. KAMERUD �^+ `- NOTARY PUBLIC-MIiVNESOTA 1? ,"-%� . �`2��i�M HENNEPIN COUNTY My Commission Expires Dec.1,1983 Y.I9VYYV'itlYi�'i�v'srv•r'�iY.vrY�vtikvi'Yit4� . � �