The URL can be used to link to this page

Home My WebLink About1992-03-09 Resolution 3087CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3087 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2, AND SECTION 10.55, SUBDIVISION 8 FILE #1712 WHEREAS, Edward F. piker (hereinafter "the applicant") is owner of the property located . . 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 allowed and the encroachment of the 26' setback to the adjacent wetland where no structure or hardcover is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1712. 2. The property is located in the LR-lA Single Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 2 acres. 3. The Orono Planning Commission reviewed tnis application on February 18, 1992 and recommended approval of the proposed variances as proposed based upon the following findings: Page 1 0;. 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3087 a) Portions of the existing pool and deck encroach into the 26' required setback from the adjacent wetland. Decking within the substandard setback is at a minimal width at 1-21. The expansion of dechi►g will provide a necessary level of safety and convenience for those who use the elevated deck and pool. The additional encroachment of the wetland setback area by the improved decks is not of a significant magnitude to outway the safety issues. b) Hardcover within the 0-75' setback area is decreased from 14.2% to 5.68%. The proposed lakeshore improvements consist of the construction of a deck within the 0-75' setback area at 490 s.f. and 704 s.f. of deck within the 75-250' setback area. The applicant proposes concurrent removals of existing brick patio and plastic lined landscape beds. 4. 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 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. 5. 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 proposed variance on the health, safety and welfare of the community. Page 2 of 6 RESOLUTION NO. 3087 f' J 0 ■ r I ' rtettenl bees r deal: 1 2,749 sF (14%1 A16, o30 , coy s a d` o 1 t , Jai t3,. 4 A. _ oejair C �r'� �,Au9•e, ex/sT1NG DECKS 1"= to' Arse within 0'-76' Shoreline Setback - 12,700 Sir Conditions - (taken Irom Shoal 6 Madson survey dated WM 1) aks Irom larva to lake Qom driveway 160 SF 202 SF(O`rns) Fnq avers deck to dk Patio S00 SFood deck within 7T setback 315SF and deck beyond 75* setback 927' SF — Pool 627 SF Boulder walls 110 SF . Bilurninous driveway 109 SF s Planli q beds wr ptssilc within 75' setback - Lakeshore 245 SF west of deck 21 a SF south of deck 272 SF t essf oldeck SI 1 SF ed Plantnq beds wf plastic outside 78' setback 1.735 SF patl,"4wC Tolal: 2.741 SIR (14%1 4XI/5V u G 51T6/,q eDcavc-k �att� SAY �; j�EV(SEsfl A�'o�bybp Des-*, f pgaeoset D EcKS ' . 1" = zor Propesod oe.eteprnaM - 04k4a W" SaM --I V i lwrCrat lean do" Sr"Al) r .• 4 stake kow love" to Who too SF (undraaa9ed) ak. r d Ste "M deck to datvowey �6 tee s F ; c thick rasa 0 sF , / woad Beta wMrn 7T m eck 4qo +w tF a" ; twood deck blya d 7T mooch 10♦ ♦F! aF 1.1 FFael su si .;'• cBoulder Weft llo tF - - Mtlkammous&M--we, M 31, 1010,110001 SFion" cow was toeae (notated r,7!! Sa<sessbb M 0 eF Total: - Propose .epntenl/wollead setback /all SF 0- S. (s ip 7 ; /i 79tl dnpe'eeYOeck whit 2F weaatkd aeroedk 4e0-41V (wldtan0edI �0 � . WOW deck (20- wtsel Oaeelarakse ebbso taws bw. � - f1 sr . k.... Fropbaee &-airy WW" 2r wsaaae mom* t[Fill'+9 be" -0 wsaae wain 2e' wenear mosdt 0 sF r Total: 410 Sir /1C /ass I "t - at/ .` Piro �cce o Page 3 of 6 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3087 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 10.55, Subdivision 8 and Section 10.22, Subdivisions 1 and 2 to permit the construction of wood decks, walkways and stairways, such work consisting of structure and hardcover in the 0-75' lakeshore setback zone and 0-26' wetland setback zone where no such structure or hardcover is allowed, approval is 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 approval of the City. 2. Hardcover within the 0-75' setback zone is approved at a level of 5.68% or 1,097 s.f. 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 a l l 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 equal to or greater removals of existing hardcover. A.?' existing hardcover scheduled for removal as a conditiez'! & `his resolution must be removed prior to the footing inspection for the new construction. 3. 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 9, 1993). 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. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3087 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. Adopted by the Orono City Council on this 9th day of March, 1992. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 9th day of March, 1992, 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. 1 W OOUM" Notary Public w CWWW • t�rwr m"- lepo;; P :� Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3087 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this „? ud day of ka ro-A , 19 9 ' - before me a Notary Public within and for said county, personally appeared r ; er known to me to be the person s described in and -who executed foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 012.41'r& (1• il.o -- I -- Notary Pub: STATE OF MINNESOTA )------------------- )ss. A. WKWPURNMUNNOM COUNTY OF HENNEPIN OOINIY evvcae §MW e" On this day of , 199 before me a Notary Pu M c within and for said county, persona y appeared known to me to be the person(s) described 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 Page 6 of 6