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Home My WebLink About#1689 Recorded Resolution 30465862767 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3046 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5 (B) FILE fl.689 WHEREAS, Terry Sadler (hereinafter "the applicant") is owner of the property located at 1396 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property")~ and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 to allow hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone and variance to Section 10.24, Subdivision 5 (B) to allow a proposed three-season porch to be located 9.9' from the side lot line where a 10' side yard setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1689. 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 21, 19 91, and on a vote of 5 to 1 recommended approval of the proposed variances based upon the following findings: a) The 0.1' side setback variance is appropriate since it will allow the proposed porch to match the existing side line of the house, and such a variance will have no significant impact on the neighboring property. TRA~PIR l!NTUiO Dm. Ulf ,.~am TAX & PUl!ILICIH!iteRDS JAN 8 1992 ~-fiNl·· PINC.· Uj'•U:~.-~J.N_NN .. y t_ 73 __ DEPUTY Page 1 of 6 b) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 3_0_4_6 ___ _ Existing hardcover in the 75-250' zone is 39.6%. There is no hardcover in the 0-75' zone. The small lot size of 0.3 acre, and the location of the house with attached garage and minimal driveway, all support the granting of a hardcover variance. c} The proposed 10'x26' three-season porch replaces a pre- existing 10'x26' upper level deck in the exact same location, hence the impact of the change in the nature of the structure is minima 1. No lot coverage or average setback variance is required for this proposal. 4. There is 326 s.f. excess hardcover in rock and plastic landscape beds which can be removed to reduce 75-250' zone hardcover from the pre-existing 39.6% level to 36.3%. 5. 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. 6. 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 of the City. Page 2 of 6 HARDCOVER CALCULATION WORKS/lEE'i 'f~Aff'l..lCANr ....;n-,y:., N~d-J J SEi3ACK ZONE: (CIRC:!.! ONE) 0-i5' ~ 250-500' 500-1000' ExtSTING HARDCOVER IN ZoNE A, . HOUSE 1,/.P, -Z,. X __...:2"-~----• %=:2?z1"£7 S,F, / LENGTH WIDTH _,;:3._._,...._1_ Y. -~±--• _ _}3z,£j:t,. S,F, / B, GARAGE C, DRIVEWAY Do. SIDEWALK X X X 1-&,tZ, X ~.c;, £1,;."=7"? X 11,e l'PJI 1/i;, X -:;c;,. 0 2·2=' X ,,z. ,:±_(p ,Z,&' X /1,lf,f • .. S,F. S.F, S,F, "1pt:>,c0s,F, / %,...,'7,-f'?:, S,F,/ ¥5/A.,61? s:~.-/ ~•l::'.1 S,F, -✓ ff?-1A:r9 ./ S,F, ✓ "2id>ttf!E. S,F, 3 ~.ft>~k /t?,P x ___ 'Zb __ P_ E, bATto/ ./ ECK __.,1...._;1..._? __ X /?✓, i;. •, lef,/7 S,F, ~lul>.uJ'➔ ,f.J L, tf::>t?. -?,_ / F,lANDSCAPE /xr;Z, x ___ ,_Tf::~-. ,'?~s.F, AREAS ~ ~ CTJ 00 CD-. ... I•• I/ ~~DE.RLA~H J./ X ;?2.. /'2.S S,F,] 1'° \';,_,./ PLASTIC: o S" XII ~ . ':,'2-t,,_ ,b . ·.) ~ SH,EETJNG e 3, :r X 2-9 fl /oi_ S,F, i!,-,,,,..,o':f --~'f'"".r= ><..,,.9____ 41 · (2.~' CP)>O _____ X ____ ,; _____ S,F, . Jrl,t,.f>A:> . -it>" -ZtY G, o'-rneR ---'--X -------=:::::~•:::::±tc ;,F, _/ 41 ~) • l ♦ · •• TOTAL ffARocovER IH ZoHE - TOTAL PROPERTY. AREA IN ZoHE ::1/zrz3$z,s,F, w &f f?P1, ~ s. F, (iJ -~-ill ,Z77'.Z?2z + ITJ~6 . X 100 .-';:>a;,.~-.:.% "?,Ss-Co+-~zc. "3887.. -:-'1907.s:--=-3'1. ~ 7o l!:,><1m1.J~ .. _. )ffi +euw::::w+4f»'RX:C.W:P. ~-I.·' 1*$("-tr."'fU•>.-= 4W"7.\li .... ,;, ,., -4 -« W}}1 AffMVtm.. 7S·zsv /fMJ)eoVm... : 3".3 % --~ --:;'. ,, ,~ RESOLUTION #3046 LAKE • ''~ a.Ice ,,. ft. t "•II •trt.l J !:fll'f I! I, •I J,. >JI ... ffY•· f 11• ,,., I\ rt, ••l•f I t'l ,,1 l.111 II,. H.11•1111 I', lfn 1111 11 pl II t;o,rnl \'. 11111111, MINNETONf<A .... :_ l ' ~ ~ •c· I._! ' . r . f \ \ ~ tz_1) c1'l-~ f 1J.S n c....-"iD e e= re.e.<v---0" et:. .: . 0/\LDUR PARI< ROAD ( 32<P !> ~,/ g .. 3 ¼) ---- ---...--·. ···-----, ____ .., _______ ·---.-··· ·•-... -.. --~ ....... -.. ,~----... ,------...-·.·----·-,--.... ---·-·-·-·· .. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 3_0_4_6 ___ _ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow 36.3% hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed, and grants a variance to Section 10.24, Subdivision 5 (BJ to allow a side yard setback for the proposed three- season porch of 9.9', where a 10' side setback is normally required, subject to the following conditions: 1. Hardcover in the 75-250' zone is approved at a level of 36.3%. Al 1 existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as page 3. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the currently approved level and any proposed improvements of this property that would result in additional hardcover must be approved by the City. Such approval may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. 2. 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 (November 25, 1992). 3. 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. 4. The undersigned applicant has read, understood 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. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 3_0_4_6 ___ _ Adopted by the Orono City Council on this 25th day of November, 1991. Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. $HJ$ -- LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 NotyPublic Page 5 of 6 'i . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 046 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ~ nd day of .... _ __}J..D...f..!;_f?;lb-e v-, 199_/~- before me a Notary Public withi,n a 11-9 f o/}aid county, personally appeared "7;, cc, s H . ~.,.g le c known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) C!aM ✓ u. ~ . Notary Public e CARO LE A. HASEMA N NOTARY PUBLIC-MINNESOTA HE NNEP IN COUNTY l MV COMM ISSION EXP IRES w:,.118 <JOO,.,, . #' ,, , • ., ., ' ·-----~ On this _________ day of ------~------' 19 9 before me a Notary Public within and for said county, person_a_l_l_y appeared known to me to be the person(s) 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 P.age 6 of 6 ;/I .. L i . ;: f', i. ,·, I . 1/ 1: 1,.j l. 1•: ., , . . , ,. I I: f: ' , .. i· ,· i r p·. ;, )' t.1 (, ,_ i' I: t ( ,- :, ~ I ,, ' ' ( ·,, ••· L_. --. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN )· ) CITY OF ORONO ) RESOLUTION #3046 I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore.-going copy of a resolution of the City Council of the City of Orono with the original record of such res6lution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 25 _______ , 19 91 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 26th , day of November , 19 91 ---- 1? 5862767 ::._!Ht ~9214 -~ ~ ~15:::627 67 .:iJC .f: .5 . 00 BY C:C.~?'··•· :l t:) ·,1,'.) CR , .... J .:--:.-~!: c; 92 JAN f 8 PH 2= 1.4 5862767 :,, CO. RECCF:DER {l_. l /\,h-==OEPUTY ~-rbe~Q.~ \~-,\,(__ V~~