HomeMy WebLinkAbout1986-06-09 Resolution 20101z -c - 3 Ll v �/ C—Asr1-+9-� 57-
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2010
A RESOLUTIOU GRh-xNTING
A VARIANCF TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.55. SUBDIVISION 8
FILE #1031
WHEREAS, Mark Hunsley (hereinafter "the applicant") is the
owner of the property located at 3464 Eastlake Street with,,n the City
of Orono (hereinafter "City") and legally described ds follows:
Lot 1, Block 1, Bayside Beach, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the appli--ant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 and
Section 10.55, Subdivision 8 to permit the construction of a brick
patio partially located within the 0-75' lakeshore setback zone where
no structure or hardcover is allowed constituting 1.2% hardcover in
that zone, and partially located within the 75-250' setback zone,
increasing hardcover within that zone from 30.0% to 32.9% where only
25% hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 01031.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
May 19, 1986, and recommended approval of the proposed variance
based upon the following fi:.dings:
a) The proposed location is the only feasible location to
place a patio on the property which will overlook the lake.
b) The request is consistent with the requests approved for
the two other properties in this subdivision.
4. The app7 icants have a hardship based on the small lot size
(0.46 acre in a 2-acre zone), which unusually small lakeshore lot
was allowed by the City to be created in order to reduce the
intense use of Stubbs Bey by the marina which previously occupied
the property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 01 0
5. The property in the 75-250' lake -shore setback zone, contains
only the driveway, sidewalks and house as hardcover, constituting
3,817 square feet or 30.0% hardcover. This amount of hardcover,
although exce-ding normal limits, is necessary to the safe and
reasonable use of the property. Because of the low elevation in
relation to the lake level, !-- resic,:nce has no basement, hence
increased bulk and hardcover above .,-round was necessary to
construct a suitable residence on this property.
6. No hardcover currently exists in the 0-75' setback zone. The
proposed patio will encroacn 5' into the 75' setback, creating
approximately 88 square feet of hardcover, or 1.2%, in the 0-75'
zone.
7. 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.
8. 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 m-rely 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 thc-
applicant; and would be in keeping with the spirit and intent of
the Zonir-q Code and Comprehensive Plan of the City.
CONCLUSIONS, LRDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zonir_g Code Section 10.22,
Qubdivision 2 and Section 10.55, Subdivision 8 to permit the
construction of a brick patio partially lo,:ated within the 0-75'
setback zone, where no hardcover or structure is normally allowed, and
constituting 11 s.f. or 1.2% hardcover in the zone, and partially
located within th.- :s 250' setback zone, increasing hardcover in that
zone to 4,387 s.f. or .,2.-% where only 25% is normally allowed,
subject to the following conditions:
1. The portion of patio to be constructed in the 0-75' setback
r^ne shall encroach no more than 5' into the 75' lakeshore set-
h. A and shall constitute no more than 88 s.f. or 1.2% hardcover.
No -Additional hardcover is all -owed in the 0-75' setback zone.
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 201.0
2. The following hardcover areas ere approved for this property
in the 75-250' setback zone:
House and Garage - 2,286 s.f.
Sidewalk - 96 s.f.
Driveway - 1,435 s.f.
Patio Addition - 370 s.f.
----------------
:,187 s.f. or 32.9%
3. The total improvement of the property is limited to the
hardcover amounts describe in /2 above, and the owner of the
property 13 hereby advised that the City will not approve any
future improvements which increase hardcover, and if such
improvements are proposed they might be approved only with
concurrent removals of existing hardcover.
4. AuthoriCies 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 (June 9, 1987).
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 punishable as a misdemeanor.
6. The underLigned 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 --he chain of title of the property.
Adopted by the Orono City Council on this 9th day of June,
Mary C.
putler, Mayor
Tim AdatS,
Acting Mayor
1
Pr r Owner s
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City Of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 201.0
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 44- day of --�L,+A.�t�- , 1986
before me a Notary Public within and for said county, personally
appeared ,Nkry c7 known to me to be
the persons) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
GAFFll
ARAr amour. YiIWESOTA
' HENNEPIN COON„' 1W .
M'I
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
i L4- 0 /� , /l n >
MY COMMISS110N EXPI)tES
On this day of , 1986, before me
a Notary Pub is withi and for sa County, personally appeared
known to me to be the
person(s) described id and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as hi! -
(their) free act and deed.
_ NOTARY P LIC
Marjorie J. Christiansen i
N. IA,r .u-l1.—Mwer4501A 1
WRIGHT COUNTY
µy cnnrn pion expires Arrd 1, 19!1 , V
cti. _
MY COMMISSION XPIRES
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