HomeMy WebLinkAbout1987-06-16 Resolution 2187City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2187
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8,
AND 10.22, SUBDIVISION 1 AND 2
FILE #1141
WHEREAS, Karlton Gempler and Maria Ives (hereinafter "the
applicants") have an interest in the property located at 1955 Fagerness
Point Road within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 9, Fagerness, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22, Subdivision 1 & 2 to construct a deck
constituting excessive hardcover and structure in the 0-75' lakeshore
setback zone where no structure or hardcover is normally allowed, and which
deck will encroach approximately 2' into the average lakeshore setback zone
where no encroachment is normally allowed; and to construct a tuckunder
garage and 1-story addition which constitutes excess hardcover in the 75-
250' lakeshore setback zone where only 25$�, hardcover is normally allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVAD by the City Council of Orono,
FINDINGS
1. This application was reviewed as mooning File #1141.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on May 4,
1987, and recommended approval of the proposed variance based upon the
following findings:
A) The proposed deck will be at ground level with no railing,
and therefore will cause no encroachment in any views enjoyed by
neighboring property owners.
B) Prodosed
hardcover
in the 0-75' setback zone is 17.3%, an
increase
of
3.1% from
the existing 14.2%. Concurrently,
applicant
proposes to
remove various existing structures and
hardcover
in
75-250' zone
to reduce the hardcover in that zone
from 37.7%
to
34.25%.
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City of ORONO
t RESOLUTION OF THE CITY COUNCIL
` NO. 2187
t -
C) The hardcover added by the 10'x23' deck is justified by the
need to have a suitable area in order to exit from the proposed
lake side doorway, and is justified by the concurrent proposed
reduction in overall hardcover in the 75-250' setback zone.
D) The proposed removal of the existing garage and construction
of a tuckunder garage will create a safer access to Eagerness
" Point Road.
4. Both adjacent neighboring properties contain a deck imilar to the
proposed deck.
5. 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
variance on the health, safety and welfare of the .:ommunity.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not a)nly 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 property7 would not merel•/ serve as a
conven{.ence to the applicant, but is necessary to alleviate a demon-
strable hardship or d_fficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the
spin t and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 6
2 and Section 10.55, Subdivision 8 to allow the construction of a 101x23'
deck within the 0-75' lakeshore setback zone, which will increase the
hardcover in that zone to 17.3% where no hardcover or structure is normally
allowed, and allowing such deck to encroach approximately 2' into the
average lakeshore setback zone where no encroachment is normallv allowed;
and to allow the construction of a one-story addition with tuckunder garage
in the 75-250' lakeshore setback zone, resulting in 75-250' hardcover of
34.25% whc:c only 25% hardcover is normally allowed, subject to the
following conditions:
1. The 23'x10' deck approved is intended to replace an existing
5.51x5.3' concrete stairway structure which will be removed.
Applicant shall remove the existing garage, shed and hardcover items
as shown on Exhibit "A" attached, prior to issuance of a Certificate
of Occupancy for the residence, and applicants may not 3ccu.py the
additions until such certificate is issued.
2. Final hardcover on the property shall be as follows:
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2187
0-75' Zone (Area = 5,625 s.f.)
House Portion 640 s.f.
Concrete Steps 4.71x6.0' 30 s.f.
Lakeshore Stairs 75 s.f.
New Deck 23'x10' 230 s.f.
975 s.f. or 17.3%
75-250' Zone (Area = 8,400 s.f.)
House Portion 750 s.f.
Addition With Tuckunder 682 s.f.
Driveway 1,000 s.f.
Patio 221 s.f.
Sidewalk 75 s.f.
East Entry Sidewalk 149 s.f.
2,877 s.f. or 34.25%
( See Exhibit "l:" )
3. The 23'x10' deck shall be constructed over a sand base, and shall
have no plastic liner, in order to maintain the absorptive capacity of
ground below the deck.
4. Applicant is advised that no additional hardcover will be approved
on this property, and future proposals to increase hardcover will not
be approved, but might be approved only with concurrent removals of
existing hardcover, resulting in no nct increasq in hardcover.
5. Authorities granted with 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 (May 26,
1988).
6. Violation of or non-compliance with any of the terms and
conditions of this resolution 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 applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs, succesvors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
�qvir
NO. 2187
Adopted by the Orono City Council on this 26th `ay of May, 1987.
ATTEST:
othy a i'r,
fl ' t
Pionerty Owner(s)
City Clerk Jam s R. Gralie Mayor
4
Page j of 5
i-
.lac•
0
STATE OF MINNESOTA
COUI` OF HENNEPIN
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 218"/
On this �h day of X//�'<; 1987
before me a �Iotary Public wf thin and for ,,said county, personally
appeared t-- r �;�,i,c t r `I , - rj known to me to be
the person(s) described in and who exe�-11ed the foregoing
instrument, and acknowledged that he (they) execut•-a the same as
his (their) free a:t and deed.
q,Urnnr.•,iw�nnr-.,,,,,,,iv,ivn�s ,nnn..-�
s LAURIE A. BLUM {{{
{VW NOT AP+ PUBLIC ^ '' `SOTA
HEICIEPM COUI:TY
My Commission Expires may 15. 19-1 yyy1/ Vyyyy �yNVV 1 /VVYJV vVWY
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this day of . 198 , before me
a Notary Public within and for said 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
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