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HomeMy WebLinkAbout1991-10-14 Resolution 3028CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2, AND 10.55, SUBDIVISION 8 FILE #1685 WHEREAS, Edward F. Baker (hereinafter "the applicant") is owner of the property located at 3059 Farview Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 1, Farview, 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, Subdivisions 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of decks and stairways in the 0-75' lakeshore setback zone where no hardcover or structure is normally allowed, and encroaching on the 26' wetland setback line where no structure or hardcover is norma 11 y a 11 owed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1685. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 16, 1991, and recommended approval of the proposed variances based upon the following findings: A. The existing pool already encroaches into the 26' required wetland setback and has only a minimal l'-2' walkway around 3 sides. The decking around the pool and associated stairway to the lower level are necessary for safety and convenience. The proposed 10' encroachment of the normally required 26' wetland setback is not of significant magnitude to outweigh the safety issues. Page 1 of 6 it Oy , \9kE3H�4 C ITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028 B. A hardcover decrease from 14.2% to 6.5% in the 0- 75' setback zone supports a recommendation to allow construction of a new 647 s.f. deck to replace a pre-existing 315 s.f. deck in conjunction with removing portions of an existing wood patio. The existing deck, patio area, and plastic -lined landscape beds were constructed by a previous property owner without any apparent City approval. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the 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 `.he 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 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 with the spirit 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 variances to Mun..c::t.pnl Zoning Code Sections 10.55, Subdivision 8 and 10.22, Sul)— 'ori _ ons 1 and 2 to permit the construction of wood decks, s, and stairway, such work constituting structure and ha,.!. er in the 0-75' lakeshore setback zone and 0-26' wetlan- setback zone where no such structure or hardcover is normally allowed, subject to the following conditions: 1. Construction shall adhere to the site plan attached to this resolution as Page 3. Any revisions to that plan shall be subject to further: City review. Page 2 of 6 ' rgnb k0 pads wr p4 msWe 75s.kpacA k, 'S5 S F y �auc 2.749 SF (14%) _ry 0 / � Hduse e3o .°oJ Tub pk) 1 fo PooIGOS'. 'iFka 1 N j 1 pi - _ rV/sf Quo - 1 off. L as ©prick 9 1 ,N 1 polio 92 , ss nyr� r AresGra1 " 7/ 1 ai d�k1ine_ ^, 1 3 0000P 0 i i rau9 En ag/s 1 U G DEcKS 1"=ZC), Total Area within 0'-75' Shoreline Setback • 19,300 SF - Existing Conditions - (taken from SIIoell & Madson survey dated 6/6/91) 4 Stairs from lawn to lake Stairs from 160 SF RErnFi A deck to driveway C Brick Palio 202 SFl 506 SR7L „ -Z)- Wood deck within 75' setback 315 SF_ (Wood deck beyond 75' setback 327 SF — - W'-49b Pool 627 SF 4 Boulder walls 110 SF //Bfluminous driveway 109 SF S Planting beds w/ plastic within 75' setback - @ takeshore 245 SF wasl of deck 210 SF 1.2 south of deck 377 SF east of deck 511 SF gE Planting bads w/ plastic outside 75' setback 'V 1.755 SF1ap Total: 2.749 SF (14%) 4�EX/sT7ru G S ITE11gA.eDcQVC.,iZ RESOLUTION 43028 1 '-•I . r.= ram'' i r �: �(toPoSEfl D EcK S 1" Z zof Proposed OsrNopnwd - (is%" kolw SaM rsvey a IvyCr.0 plan deed W22/91) A Slabs kon; lawn W Who 160 SF (unchargod) 0 Slam bon deck W 0 vow ay 234 SF C Brick Paso 0 SF 0 Wood dad watm 77 QIEBM e47 SF E1Nood deck beyond 7s setback e75 SF (Pool 563 SF M 8o`ffAr is d 11/1 SF (WWOMMed) ZPlrwlrq bedswM place (roAcsd f, 733 SP maide 7S) 0 SF Total: (0 _`lS r Z.OAJE) ; 1,264 SP 47%► Propooed 00vsibpMMI/WeU8nd Setback MoldnWPooNOerk olden 2i wetland seasodk 232 SF (unehwKed) Woad oad (JO' #) arallawed above lawn below 100 SF - 1. t.. h. Proposed SlaYwaq , 2e' walrand sealauk 7e SF KPIanwv bads wall pladc welwl 2e' walk rkd setback 0 sF Total: . 410 5F Aff9mVe-L sl' �ARDc¢1Vee, PcaN I Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028 2. Hardcover in the 0-75' zone is approved at a level of 6.5%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 3. The current property owner 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 existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing )-spection for the new construction. 3. Authorities granted by this resolution 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 (October 14, 1992). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3028 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of October, 1991. T: M. llin, S,ity Clerk y owners STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of October 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. Notary Public Page 5 of 6 CAR= Z HAGDAM- HE;NI�IEPI^ N ..WA CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 3028 On this /,44ti day of (')nfnh-e.- , 199L_ before me a Notary Public within and for said county, personally appeared ownfor known to me to be the persons des abed in an who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public CAROLE A. w8EMA A N STATE OF MINNESOTA ,) "p HENNEPIN S S . YV OMMMIM Emma 00+ COUNTY OF HENNEPIN ) on this A h da of -robe, , 1991 before me a Notary Pu lic wit}'n and forsaidcounty, personas y appeared Karl, — X.,, iALJ a w� nor known to me to be the person(s) descri ed in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public E Q CAWLE A. HASEMAN NKMV P1JC-M@&V OTA HENNEPIN COUNTY YY camu mm" EXPIRES Ed1i' ; Page 6 of 6