HomeMy WebLinkAbout1985-03-11 Resolution 1734City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1734
A RESOLUTION GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2
AND SECTION 10.25, SUBDIVISION 6(b) - FILE 1892
WHEREAS, Thomas 0. Mortenson (hereinafter "the applicant")
is owner of the property located at 1971 Fagerness Point Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 6, Fagerness, Hennepin County, :Minnesota (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for a variance
to Municipal Zoning Code Section 10.22, Subdivision 2 to allow the
construction of an addition to his existing house whist-. will increase
the hardcover in the 75-250' lakeshore setback zone to 30% where on1v
25% hardcover is allowed, and a variance to Section 10.25, Subdivision
6(B) to locate the structure 24' from the rear lot line :where a 30'
setback is normally required.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as zoning file A892.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on February 19, 1985, and recommendeC approval of the
proposed variances as amended. allowing a maximum of 30%
hardcover in the 75-250' zone rather titan the 32.1%
originally proposed, based upon the followi►.,-- findings:
a) The existing house is located partly within the 0-75'
setback zone and partly within the 75-250' zone.
b) The proposed removal of an existing sidewalk will
decrease hardcover in the 0-75' zone t-om 13.2� to
12.6%.
c) The proposal will result in the removal of the
existing non -conforming detacheA garage which is
locates: partially on the neighbo*ing prop^rty and
partially on City right-of-way.
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
1734
d) Relocating the garage entrance to a point 2-: feet
from the street light. -of -way will result in - safer
access for the garage.
e) The topography of the lot makes the relocation of the
garage feasible only with alterations in grade on the
east side of the hot e.
f ) The property is severely limited by the existing lot
size and the existence of lakeshore subject to the
pertinent regulations on two sides of the property.
4. The applicant has revised his original proposal in
accordance with the Planning Commission recommendation of a
maximum allowance of 30% hardcover in the 75-250' setback
zone, and has provided su 4 able landscape and drainage plans
for the project.
5. The 12' x 12' deck can be considered us non -hardcover if
it meets the specific design standards for slat -spacing and
ground surface treatment, and will reduce the proposed
hardcover to 1,341 square feet or 27%.
6. The City Council has considered his application
including the findings and recommendatioi--s 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.
7. 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 grantin- the
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; vould 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 th the spirit and intent of the Zoning
Code any Cumprehen- Ilan of the City.
CONCLUSIONS, ORDER AND CON.DITIONS
Based upon the above findings, the Orono City Counci 1 hereby
grants a variance to the Municipal Zoning r' . Section 10.22,
Subdivision 2 to allow the construction of an ,n and attached
garage with driveway, sidewalks, retaining wal. non --hardcover
design deck which will increase the hardcover to _ 1 square feet or
27% in the 75-250' lakeshore setback zone wherL % hardcover is
normally al lowed, and a variance to Section 10.25, Subdivision 6(B) to
allow a street setback of 24' instead of the 30' setback normally
required, subject to the following conditions:
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1734
1. The existing gar<,ge must be razed and final grading and
lawn restoration (seeding or sodding) of the garage site must
be completed prior to final inspection of *he addition.
2. The total improvement of the property is limited to 1 , 341
square feet of hardcover in the 75-250' setback zone, or a 103
square foot hardcover variance; and limited to the existing
hardcover in the 0-75' zone of 711 square feet subject to the
removal of 30 square feet of existing flagstone sidewalk,
resulting in a net increase of hardcover in the 0-75' zone of
0.6%.
3. The 12' x 12' deck must meet the following minimum design
requirements:
a) Width of decking boards may range f rom no less than 4 " to
no more than 3" in width.
b; Ratio of board width to spacing width may be no greater
than 12:1 (8.33% open space).
c) A 1/2-inch high wood strip must be installed along the
upper perimeter of the deck to prevent direct runoff, except
where railing will not be installed.
d) A minimum of a 12-inch depth of sand must be placed under
the entire area of the deci:and extending downward through
any fill layers to t).e original soil surface.
c) The deck platform shall be no higher than 12" above
finished grade, or if it is higher, suitable barrier must be
placed between the deck and the ground surface to prevent any
access which would allow future placement of impermeable
materials (plastic, concrete slab, etc.) under the deck.
f) The applicant is paced on notice that the deck and the
areas above and below it may never be covered with impervious
materials, enclosed, or in any way altered so as to become
hardcover, without the granting of a hardcover variance by
this or a future city Council.
4. The owner of the property is hereby advised that the City
will not approve any future impr3,.,ements that result in
additional hardcover and that if such improvements are
proposed that they be counter balanced with the removal of
existing hardcover.
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City of ORONO
RESOLUTION *nr THE CITY COUNCIL
NO. 1734
5. The planter boxes createO by the retaining walls must be
underlain only by permeable materials to ensure that they do
not become hardcover.
6. 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 (March 11, 1986).
7. Viola r i or. of or non-compl iance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
gr<.nted herein, and shall be punishable as a misdemeanor.
8. The ersigned applicant has read, understood and
hereby agrees to the terms of this resolution .and on behalf of
himself, his heirs, successors and assi gns, hereby agrees to
the recording of this resolution in the chain of title of the
property.
Adopted by the City Council of the City of Orono on this llth
cay of March, 19P5.
ATTEST: �
i_
J r
/EVi
othy M allin, City Clerk Ma y C. 9 -ler, Mayor
(1) Property Cwner Spouse
(2) Property Owner Spouse
(3) Property Owner Spouse
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�'ity of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
STATE OF' MINNESOTA )
ss.
COUNTY OF HENNEPIN )
1734
c} LL
On this �_ day of 1983
LE.rore me a Notary Public within and for said county, personally
appeared :J tg,2,, A.S Ci 2, known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that lie (they) executed the same as
his (their) free act and deed.
� GAF •F F Ov
1.11CA y pUBPc - µu."+ESOtjor
T� ti
ENNEPIN CCU".
MY Comm ss
fir• _ . �' ..
STATF: OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
,4 TARP PUBLIC
MY COMMI SION EXPIRES
On this 1/� 4-tday of. Y41A,ez q , 1985, before me
a N tary Publi within and for said County, personally appeared
.arr�icLS— 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.
AlICHAEL p GAF
-t. •. ••'�
J ,
-i' PoOTARy GAFr=t"- J 2 NOTARY PURL C
HENNEPIN COUNTY
* Cm'"fee'a^ Eapirea Jun
e i
r:
MY COMMISSION EXPIRES
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