HomeMy WebLinkAbout1990-08-27 Resolution 2860city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
2860
A RESOLUTION GR71w'1%=
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 & 2
FILE #1574
WHEREAS, James and Sue Ronald (hereinafter "the applicants")
are owners of the property located at 2565 Dunwoody Avenue within the
City of Orono (hereinafter "City") and legally described as follows:
Exhibit A, Attached, (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City of Orono
for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1
& 2 to permit the construction of room additions and a swimming pool,
both of which encroach past the defined average lakeshore setback
line, and which comprise additional hardcover in the 75-250' zone over
and above the normally allowed 25% hardcover in that zone.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1574.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 20, 1990 and on a vote of 5 to 0 recommended approval of
the proposed variance based upon the following findings:
a. The proposed 4' addition to the side is lower in
elevation than the neighboring residence on that side, and
additionally there is existing vegetative screening such
that no existing lake views enjoyed by the neighboring
property owner will be encroached upon.
b. Likewise, the proposed 2' expansion of the lakeside
wall of the house and the raising of a portion of the house
in it's existing footprint, will have no significant impact
on neighbors views of the lake.
Page 1 of 5
RESOLUTION OF THE CITY COUNCIL
NO.
City of OR ONO
CITY
OF
ORONO
C. The proposed pool, while encroaching 71' past
average setback line, is at a relatively low point in
topography as compared to both neighboring properties,
will have no impact on neighbors views of the lake.
2860
the
the
and
d. The proposed pool and additions comprise additional
structural and at -grade hardcover on the property of 368
s.f. Applicant proposes removals of approximately 927 s.f.,
for a net reduction in hardcover to 35.6% from the pre-
existing 37.5%. Planning Commission's review of the
application indicated that the proposed pool would likely
have some additional hardcover after it was moved a few feet
lakeward to meet the 10' deck overhang setback. Applicants
noted that if that occurred, there was additional hardcover
in rock and plastic, and driveway, that could be removed so
that hardcover would never exceed 35.6% in the 75-250' zone.
4. The City Council has considered this application including
the findings and recommendatio-s of the Planning Commission,
reports by City staff, comments by the applicant and the
ct
of the proposed variance on the health, safety and welfare of the
community.
5. The City Council finds that the conditions
existing
n this
property are peculiar to it and do not apply geY to
er
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.
CONCLUSIONS, ORDzR AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.22, Subdivision
1 & 2 to permit the construction of proposed additions and pool, which
additions and pool encroach past the defined average lakeshore setback
line where no encroachment is normally allowed, and which comprise
additional hardcover in the 75-250' zone above the 25% hardcover
normally allowed, subject to the following conditions:
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2860
R •
ilk
1. Construction of room additions shall adhere to the site plan
attached to this resolution as Exhibit B. Any revisions to that
plan will require further review by t -p City.
2. The average lakeshore setback encroachment by the pool shall
not exceed 711, and in no case shall the pool extend into the 0-
75' protected lakeshore setback zone. Further, the pool when
constructed shall be placed such that the pool water surface is
at least 10' from any other overhanging structure or decks.
3. Hardcover on the property is approved at a level of 35.6% in
the 75-250' zone. The applicants are advised that all allowed
hardcover approved with this variance approval is recorded in the
calculation worksheet and diagram enclosed with this resolution
as Exhibit B. 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 will 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 screduled for removal
as a condition of this resolution must be removed prior to the
footing inspection for the new construction.
9. 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 (August 27, 1991).
5. 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 punisnable as a misdemeanor.
6. The undersigned applicant has read, understood anc'ereby
agrees to the terms of this resolution and on behalf of hi:aself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Page 3 of 5
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2860
O-• O
Adopted by the Orono City Council on this 27th day of
August, 1990.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
27th dry of August, 1990, by James R. Grabek & 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.
LQTHERONNSPIA �'MINNEBTA
IIOTI 4 AIIY �0
c,
Notary Pub is
Page 4 of 5
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2860
OR •
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this $ day of A , c.4s+ , 199j�Q
before me Notary Public withi and for aid county, personally
appeared ` a.±.1 S A. 4 �"OL10'1 �• /en -) a-p,0 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.
THEPMA L NFU
o� nair PAW -
HMNEPIN COUNTY
w ....r+.."w •Me
MY COMMISSION
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me
a Notary Public within and for said County, personally appeared
known to me to be t',e
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
MY COMMISSION EXPIRES
Paue 5 of 5
LICAL DlSCtI[2IONs
Lot 11 tad that part of Lot 12. Slack G. ?OV/SIli Of LA1CD01 [At[.
Keaaepia Coaatys lLa:► sot&. according to -the recorded plat thereof.
lying aort)"aterly of a lia• described as begiasiag.at a polat
is the sortheas*erly line of said Lot 12; distant ,d.s Loot:
southeast •fret • . is aost aortherl2' corner of *aid. Lot it'i thence
soethvesterly parsUal vith the sortevesterly line of said Lot
li a distance of lAA •feet; thence deflect right $ degrees 35
degrees 33 siaates a distance of 147 feet sore or less to the
abore line of Lake !lianetozka and said lint there teralaatlag.
4�9
,
�Sd
.. 3y►d
d1W 9
d��13N�' •r.,��-'
_ r
xruvauµt .
fN sco•:up' • 12-C
119pz -qf'i � 10f9B1 .sS.Nc-rw �s.ite' nr'n`, _ I
JOr1tt-i)tat+Ih1 � vat «NY� �/y7O.a�, 14ar�rPum�--- �.
'tom• oPo:ua .
y' x4O ' ca.•nyr.•.o �n.nr� N. ewKa or NaMrF
(fie uR• fFe /uws�tE�
�e<+r /V It32. Nw•1.1. SWVNK r SIl
334c
-- iucKK-�±ereK_ NorA-eer_At�il _. ..---- -- -... --
41
— 9.ZZv
ANAt
pfy3�ilS�'3^fs„f•-._ —fir--
HAIepCov�2 /eErwvgLs �usieeD..
e N f