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Home My WebLink About1988-10-24 Resolution 2527L1 FiLE CCP r City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2527 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SWTION 10.22, SUBDIVISIONS 1 & 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1311 WHEREAS, John & Susan Purdy (hereinafter "the applicants") are the owners of the property ?ocated at 1975 Fagerness Point Road within the City of Orono (hereinafter "C_ ") and legally described as follows: Lot 5, Fagerress, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have ap, •d to the City for variances to Municipal Zoning Code Section 10.22, Subdi _ions 1 & 2 and Section 10.55, Subdivision 8 to permit the construction of an addition to the existing residence, such addition being located partially in the 0-75' lakeshore setback zone where no construction is normally allowed, and such construction technically encroaching past the defined average lakeshore setback line where no encroachment is normally allowed, and which construction shall comprise additional structural hardcover on the property in excess of the 08 hardcover normally allowed in the 0-75' zone and in excess of the 25% :3rdcover normally allowed in the 75-250' lakeshore setback zone. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoniz.g File #1311. 2. The property is located in the LR-lC Single Family Lakeshore Residei,_i al Zoning District. 3. The r-ono Planning Commission review,-d this application on October 17, 158C and recommended approval of the proposed variances based upon the following findings: A) The applicants have revised their original proposal to now include only an addition of 16'x4216", identical to the 5-year phased addition plan which was reviewed by the City in 1985. B) The proposed addition encroaches no closer to the westerly lakeshore of the property than the existing house, and only a small portion of the addition will be located within the 0-75' setback zone. The proposed addition continues the existing west line of the house. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2527 C) The proposed addition technically s a further encroachment into the defined average lakeshore setback zone. However, due to topography of this property'and the neighboring properties, no lake views enjoyed by neighboring property owners will be encroached upon as a result of this addition. D) The proposed addition will result in a final hardcover in the 0-75' lakeshore setback zone of 1,752 s.f. or 22.2%, which includes a 160 s.f. deck and 495 s.f. of landscape areas underlaid by porous fabric which were not considered hardcover by the City in the 1985 approval, but are considered hardcover by the City Council currently. The resulting hardcover cf 22.2% results partially from the applicants' intent to remove a 52 s.f. shed on the westerly lakeshore side of the property vhich is considered as a non -conforming structure. E) Hardcover in the 75-250' zone as a result of this addition will be 2,919 s.f. or 33.0%, which includes 646 s.f. of landscape rock beds underlaid by porous fabric. There is no additional hardcover that can be feasibly removed on this property to decrease hardcover percentages. 4. The City Cc,unci 1 has considered this application including the findings and recommendations of the Planni:zg Commission, reports by City staff, comments by the applicants and the effect of the proposed variance 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 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 demon- strable hardship or difficulty; 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, r,:tDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Fection 10.22, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to permit the construction of an addition to the existing residence, granting variances to allow construction of an addition located 68 from the lakeshore where a 75' setback is normally required, z,lowing an enczoachment of 22' past the defined average lakeshore setback line whe:� no encroachment is normally allowed, and allowing hardcover in the amount of 22.2% in the 0-75' lakeshore setback zone and 33.0% in the 75-250' lakeshore setback zone where only 0% and 25% hardcover is normally allowed in those respective zones, subject to the following F,?V4i'?ps4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2527 1. The maximum allowable hardcover on the property shall be 3,363 s.f. total, in addition to 1,141 s.f. of rock beds underlaid by porous fabric and the 160 s.f. deck underlaid by sand only, which were not considered hardcover in the 1985 hardcover approval resolution but which are currently considered as hardcover. The applicants are advised that these figures include a 240 s.f. allowance of hardcover for the garage addition proposed in the 5-year phased proposal originally reviewed in 1985, which has not been a subject of this current variance application, and which would require additional set- back variances prior to approval for that garage addition. 2. The 52 s.f. shed shall be removed prior to issuance of a building permit for the addition. 3. Any additional landscape areas that are constructed around the new addition shall have no fabric or plastic placed under them. 4. The existing landscape areas underlaid by fabric may continue to have the fabric in place. 5. Authorities granted with this resolution run with the property not with th3 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 (October 24, 1989). 6. Violation of or non-compliance with any of -ne 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 agree to the terms of this resolution and on behalf of themselves, their heire, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of October, 1988. AT SIT: C�6L CC-c �.� LL_ D rc*.y Hallin, City Clerk Jame R. Grabek, Mayor Pro rty Owne.r(s Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2527 SPATE OF MINNESOTA ) ss. COUNTY JF HENNEPIN ) On this Z day of G,cCZ; "' , 19 8'y before me ofa,�y Public with' and for said county, personally appeared known to me t � be the per on(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. I�Ti N PWUC--1WNNE30TA STATE OF N.'NNESOTA ) )ss. COUNTY OF HENNEPIN ) Qom 7 NOTARY PUBLIC o/d- s MY COMMISSION EXPIRES On this day of 198 , before me a Notary Public within and for saiu Courzy, personally appeared knowr. to me to be the person(s) described in and who executed the ioregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4