HomeMy WebLinkAbout1991-02-11 Resolution 2924City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2924
•-• •
A RESOLUTION GRANTING
AFTER -THE -FACT VARIANCES TO
KUN" 'AL ZONING CODE
SECTION 10_' SUBDIVISIONS 1 i 2 AND
SECTIC ",..55, SUBDIVISION 8
FILE #1611
WHEREAS, Bruce and Camille Curtiss (hereinafter "the
applicants") are the owners of the property located at 1920
Fagerness Point Road 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 for
after -the -fact variances to Municipal Zoning Code Section 10.22,
Subdivisions 1 and 2 and Section 10.55, Subdivision 8 to permit
the construction of an upper level deck constituting structure
and hardcover in the 0-75' lakeshore setback zone where no
structure or 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 #1611.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on January 22, 1991, and recommended approval of the
proposed after -the -fact variances based upon the following
findings:
A) The newly constructed deck is in approximately the
same configuration and same location as a previously
existing deck which was removed immediately prior to
this new construction, being located 25' from the
shoreline. Based on documentation appearing in City
files, it appears likely that the new deck has not
increased hardcover on the property beyond that which
previously existed, and the new deck is located no
closer to the lakeshore than the previously existing
deck.
Page 1 of 5
City of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2924
R
B) All of the existing house and deck are in the 0-75'
zone. The applicants were granted a variance in 1981
for construction of an attached garage, such variance
approval allowing 3,222 s.f. (15.1%) in the 0-75' zone.
Per the hardcover calculations by applicants' surveyor,
existing 0-75' hardcover currently is 3,233 s.f.,
within 11 s.f. of the amount previously approved for
this property.
C) Replacement of the old deck will result in a safer
condition, since the old deck was deteriorating.
D) The applicants proceeded to construct the
replacement deck without applying for the necessary
variance or building permit.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the
applicants and the effect of the proposed after--the-fact
variances 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
after -the -fact variances 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 applicants, but is necessary to
alleviate a demonstrable hardship or difficult,; is
necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants after -the -fact variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and
Section 10.55, Subdivision 8 to permit the after -the -fact
construction of a deck located in the 0-75' lakeshore setback
zone where no structure or hardcover is normally allowed, subject
to the following conditions:
Page 2 of 5
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2924
R •
1. Hardcover in the 0-75' lakeshore setback zone is
approved at a level of 15.1%. All existing and proposed
hardcover approved with this variance approval is recorded
in the calculation worksheet and diagram enclosed with this
resolution as Exhibit B. The current property owners 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 existng hardcover.
2. Applicants shall apply for and obtain an after -the -fact
building permit, and shall pay the after -the -fact penalty
fee.
3. Applicants shall make whatever changes are deemed
necessary by the Building Inspector to bring this deck
construction into compliance with Building Code
requirements.
4. Authorities granted by this resolution run with the
property not with the applicants, 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 (February 11, 1992).
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 undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on behalf
of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title of the property.
Page 3 of 5
City of ORONO
CITY RESOLU-ION OF THE CITY COUNCIL
OF NO. 2924
ORONO
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the llth day of February,
1991.
ATTpST:
boiothy allin; City Clerk
Property Owner(s)
STATE OF MINNESOTA
Barbara A. Peterson, Mayor
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this lltn day of February, 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.
gpA*A &, NAAS 1� Notary Public
UNA
Page 4 of 5
City of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 2924
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this p'� f,t,+ day of r . 199]j
before me a_Notary Public within and for said c unty, personally
appeared 'ci, 'U del- t- ��. c -fit `�, t " :.,,known to me to be
the person(s) described in and who execu-Pd the foregoing
instrument, and acknowledged that he (they) -uted the same as
his (their) free act and deed.
NOT
IS=�r_aMNL.COUNT9*0
NgMN
amm
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this S day of Ale 199 /, before me
a Notar Public within and for said County, personally appeared
/►�cGG C. r�!..��rl 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.
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NOTARY PU LI
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MY COMMISSION EXPIRES
Page 5 of 5
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Legal Descrlptrnrr
Par 1: All that uart of LOL 27. Fagerness lying North •,nd East of a line described as follows: Commencing at a point on the Southeasterly
Ilne of Under the linden Avenue which said point Is marked by a )uduclal monument, a distance of I7y feet Northeasterly along sold
Avenue from toe Southwest corner of said Lot ?7: thence bearing South 34'14' Last a distance of 69.00 feet to a point marked by a
IudlcIal monnrr.ent. thence continuing on an a tension of said Ilne to the shore of Lake Minnetonka and lying South and Nlst of a'Ilnf
described as follows: Commencing at a point oil the Southeasterly line of Under the linden Avenue a distance of 100 feet Northeaster
ly alony o straryht Iine bearing Korth 35'eO' East Iron the beginning point of the Southwesterly I1ne of thls tract heretofore do- '
scrlbed; thence bearino South 37'SSO East to the shore of lake Minnetonka, according to the plat thereof on file or of record in the
jiff ice of the 4eo'ster of Deeds in and for sold County. -
Par 2: All tnaL part of Lo, 27. Fagerness iying North and East of a line desc-lbed ec felinws: Commencing at a point on the Southeasterly '
line of Under th- trnden Avenue a dists,u a of 100 fee. Northeasterly along t s'ralght line bearin North 3S•00' East from a judicial--- — -
monument located — the Southeasterly Sire of Under the Linden Avenue at a pnlnt therein dfstant i75 feet Northeasterly along'SolA�
Avenue from the Southwest corner of sail Lot 27. thence bearing South 37.55' East along the line to be described to the shore of
Lake Minnetonka, acco,ding to the pis•- 'hereof on file or of record in the office of the Register of Deeds in and for_ said Countir.='osar. ' ,•-