The URL can be used to link to this page

Home My WebLink AboutResolution 4749 3 '7:3 /74 0.4i\\\ (70 O CITY of ORONO �G/ RESOLUTION OF THE CITY COUNCIL -4ESH04' NO. 4 7 4 9G.; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.03, SUBDIVISION 9 FILE NO. 02-2739 WHEREAS,Thomas Dahlquist and Mary Dahlquist, (hereinafter"the applicants") are owners of the property located at 4070 Dahl Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 15, Block 1, Pirates Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2)to permit 5,545 s.f. (27.9% hardcover in the 75-250' lakeshore setback where 5,379 s.f. (27.1%)hardcover exists and 5,379 s.f. (25%)is allowed for a 7'extension to the existing lakeside deck and to connect the deck with a 3 '/2' X 25'walkway to a side entrance to the house;and Section 10.03, Subdivision 9 to permit a variance to permit a shed to be located 7' from the side property line where a 10' setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2739. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. Page 1 of 5 Metro Legal Serv'.ces Inc. Box 491 colp) 0.1V\ /O O , gy1CITY of ORONO ,/ RESOLUTION OF THE CITY COUNCIL \kESHO�� NO. 474 ` 3. Planning Commission recommended approval by a vote of 5 to 1 to approve the variance to permit additional hardcover in the 75-250'lakeshore setback for a 7'deck extension and addition of the walkway to connect the lakeside deck to a small deck. Planning Commission made the following findings: A. The deck addition would be 3 '/2'out from the exterior wall of the house. The roof overhang extends approximately 3' from the house. Nearly the entire walkway would be covered with "hardcover" from the roof line. No hardcover is located below the walkway, thus the total overhead hardcover is virtually equal to the existing based on the walkway being located below the roof line. B. There is no deck to ground access from the existing lakeside deck, except through the house. The deck is approximately 10' above ground elevation. The walkway would connect to the side entrance and provide exterior access and an exit for the lakeside deck. Without the exterior access to the new walkway, safety is a concern. 4. Planning Commission also recommended approval of an after-the-fact variance to permit an existing garage to remain on the property located 7' from the property line where a 10'setback is required. Planning Commission recommendation is based on the following findings of fact: A. The lot is very narrow at the street. B. Relocating the shed further from the property line would move it too close to the existing driveway. C. The shed was located to be as far as possible from view to the adjacent property owner located at 4080 Dahl Road. The neighbor's house is located much further back on the property due to the unusual property dimensions of the two lots. If the shed were required to meet the required 10' setback, the shed would have to be moved further up the driveway and very close in proximity to the neighboring house. Page 2 of 5 It .• • c:v. 0.4,.N �- 1 CITY of ORONO 11�01� ti / i;^IMor G ;, RESOLUTION OF THE CITY COUNCIL 9 4 kESHD0 NO. 4 7 4 9 D. The shed is located over a rock bed and does not have a permanent foundation. 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 variances will 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 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. 6. 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 community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 5,545 s.f. (27.9%) hardcover in the 75-250' lakeshore setback where 5,379 s.f. (27.1%)hardcover exists and 5,379 s.f. (25%)is allowed, for a 7'extension to the existing lakeside deck and to connect the deck with a 3 %2'X 25'walkway to a side entrance to the house;and Section 10.03, Subdivision 9 to permit a variance to permit a shed to be located 7'from the side property line where a 10' setback is required subject to the following conditions: 1. Authorities granted by the variances 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 these variances will expire on that date (January 28, 2003). 2. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned owners have read,understand 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 1 -..?. 0.4,.N O O\ = s gyp, !, CITY of ORONO � 10 1'0* A.�G� RESOLUTION OF THE CITY COUNCIL c%ESH0j/ NO. 4 1 4 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of January, 2002. z ATTEST: rl ..4 k T t f S � • " � _ �,��'� I7e u Clerk Barbara A. Peterson, Mayor �� w �, w ,� , P tY Y '' IV:".'5;01.4:,::0A-;.- 3',ii 4811titt__ _ //i- //J. / rT '' / //e'-1 .6.1' '1—/ ! e • /' Nlk tip`. � T ,� N INESOTA ' a'. DFHENNEPIN ,, 4 .`:: The foregoing instrument was acknowledged before me on this 28th day of January, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 7''� _i LI I , �.�,/ Itolary Pu, _� l CL YON1.,ipk , JKU\ t' Se, X Iv',;TAF.Y PL'.".LI„-MINNFCCTA L, ) r,,,, h:).Commission Expires Jan.31.2005 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 4,..),' ff h day of i1 q I' ,200,t__ by Rachel Dodge, City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. /717/,/r/ .6? , 721-e- .,,,, \ MARY A:;:',1 JOHNSON Notary Pudic • NOTARY PUBLIC-M,NNESOTA & 'Commission Expires Jan.3t.2005 ; Page 4 of 5 1 Id 0 e%)'-- 0.11;• av (elk O \. 15.1 1 CITY of ORONO A 0.0 ' ti l� RRESOLUTION OF THE CITY COUNCIL _,__ s j NO. 4 7 4 9 STATE OF MINNESOTA COUNTY OF HENNEPIN On this f`ter. dayof I,-br (y , 2001 , T/ .,,,c,s Cd ,„P Da_Alw, ?- personally appeared before me, who is personally known to me t,--- whose identity I proved on the basis of ,AAJO 0e-- whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. �A1.111L l ' ;� :i'.iSE M.LESKINEN �/ —:i j.' //NOTARY PUBLIC-MINNESOTA Az, sISliirze, ' My Commission Expires Jan.31,2005 ti Notary Public STAT��_ .,._,...--_,-....„-_,--:-.:"7----...-----,-----,..,..,,S COUNTY OF HENNEPIN On this 11-14-Clay of I- [bi CCA(j,, 20 U2, If-/ a r zc OCk V I ci_k-ci t CYrt r cof personally appeared before me, J ' who is personally known to me V whose identity I proved on the basin of I'Y\NJ D (— whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. C�f77- RACHEL DODGE ti Not Public `) NOTARY PUBLIC hI1 lr STA '1 % PAy Commission ExPrres Jwr Page 5 of 5 3573905 L) OFFICE OF THE REGtSTRARa g� OF TITLES -1EN4EPtN CQUN1Y, MINNESOTA CERTIFIED l' LED oral • JVL 16 2002 9/I r1 r tiiis,ISTRATI OF TITLES rte' DEPUTY t S5