HomeMy WebLinkAbout#815 Resolution 1614City of ORf INT10 'I,
CITY HAS 6
RESOLUTION OF THE CITY COUNCI EENOF 1
ORONO NO. 1614 m1unut L
GRANTING A VARIANCE TO MUNICIPAL
ZONING CODE SECTIONS 34.201 AND 34.202 - FILE 815
Whereas, Ralph C. Bagley is the owner (hereafter "owner") of
a property legally described as follows:
Tract A, Registered Land Survey No. 441, Files of Registrar
of Titles, County of Hennepin, except that part embraced in
Registered Land Survey No. 902, Files of Registrar of
Titles.
Tracts A and C, Registered Land Survey No. 902, Files of
Registrar of Titles, County of Hennepin, (hereafter "the
property"), located within the City of Orono (hereafter
"City"); and
Whereas, the owner has applied to the City for a variance to
Municipal Zoning Code Section 34.201 to permit the construction of a
screened porch (28.7' x 13.4' ) 12 feet from the lakeshore instead of the
required 75 feet and the construction of a bay window (4' x 8' ) 55 feet
from the lakeshore instead of the required 75 feet and a variance to
Municipal Zoning Code Section 34.202 approving the addition of 424 sf
or 1.6% of hardcover created by the improvements requested above
within the lakeshore protected area where none is allowed.
Now, Therefore Be It Resolved by the City Council of Orono,
Minnesota:
Findings
1. The application was reviewed as Zoning File No. 815.
2. The property is located in the LR-lA Lakeshore Residential
Zoning bistrict.
3. On February 21,.1984, the Orono Planning Commission
reviewed this after the fact variance application involving
improvements made to the property without the required
permits and approval, by the City, Planning Commission
recommended approval of the variances as requested based on
the following findings:
a) the property is surrounded by water on three sides.
b) any improvement made to this property would require
setback and hardcover variances to the Municipal Zoning
Code.
City of ORONO
qpa.. _
RESOLUTION OF THE CITY COUNCIL 'A I S
E E
NO. 1614 F E
c) a house has existed on property for over 30 years.
d) the majority of the hardcover credited against this
property at 4,400 sf consists of a shared gravel drive that
also serves adjacent house on property to east.
e) the owner plans to redirect roof drainage from screened
porch located 12' from Lake Minnetonka to retention area
that will provide ground absorption rather than permit
drainage to run directly into lake.
f) the proposed and existing improvements on the property
are consistent with the existing improvements on the
surrounding neighborhood properties.
g) the owner occupies the residence on the property and no
longer rents the- subject structure.
h) the City has received written comments from the neighbors
all confirming approval of the proposed improvement of the
property.
4. The City Council has considered this application including
the findings and recommendation of the Planning Commission,
reports by staff, the written comments of the surrounding
property owners, the written comments of theowner's attorney and
the effect of the improvements 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 effect traffic conditions, light, air nor
pose a .fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the owner, but is necessary to
alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner; and would be
in keeping with the spirit and intent of the zoning code and
comprehensive plan of the City.
City of OR
RESOLUTION OF THE CITY COUNCIL,~ `.
NO. 1614
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants
variances to Zoning Ordinance Sections 34.201 and 34.202 approving the
construction of a screened porch 12 feet from the lakeshore instead of
the required 75 feet and a bay window 55 feet from the lakeshore instead
of the required 75 feet and a hardcover increase of 424 sf or 1.6%
subject to the following conditions:
1. Owner will redirect roof drainage from screened porch away
from lake into a retention area to be approved by the City.
2. Owner must obtain a building permit for all new construction
based on after the fact fee schedule and all work on improvements
covered by that permit must satisfy all standards of the Uniform
Building Code.
3. No other variances are granted or permitted with this
application except the ones specified above.
4. All improvements on this property are limited to 7,610 sf of
hardcover (3,210 sf for the house and 4,400 sf for the shared
driveway) , owner is hereby placed on notice that the City will not
approve future improvements to the property that encroach
further into the protected lakeshore setback area.
5. Authorities granted by this variance run with the property
not with the owner, 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
(March 26, 1985) .
6. Violation of or noncompliance 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.
7. The undersigned owner 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.
INS 1
f !4S
Adopted by the Orono City Council on this 25th day of March, 1984.
ATTEST:
CITY OF.ORONO
C'y Clerk
tMayor
(1)
RaIp)%r C BacYU
0
(2) Y W17 A1A
Rai_pefkr m QBa l e(s )
Y g Y
(3)
Property'Owner{sj
MINNESOTA
FLE)RIBA
STATE OF +H*NE )
HENNEPIN )Ss -
COUNTY OF
On this 3 � day of 1984 'before
me a Notary
Public within and for said County, personally appeared
Ra12h C. Bagley & Mary Jim Bagley, husband & wife, 'known to me to
be the persan(s). described in and who executed the foregoing
instrument, and acknowledged that• -(they) executed the same as-M-e.-
(their) free act and deed.
-
' k ROBERT C MITCHELL, JR.
.40 iJ ' NOTARY PUBLIC . MINNESOTA
y HENNEPIN COUNTY
VMy Commission Expires Feb 6, 1988
NOTARY.� exlq;
MY'COMMISSION EXPIRES
City of ORONO
CITY RESOLUTION OF THE CITY C *""§ , ..
OF NO. �614 sir 0".
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ^ day of _, 1984, before me a Notary
Public within and for said County, personally appeared
_ known to me to
be tha 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
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
On this day of , 1984, before me a Notary
Public w thin r and for 's is d County, personally 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
MY COMMISSION EXPIRES ��