HomeMy WebLinkAbout#881 Resolution 1726.(
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City of ORONO ~
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE NO. 881
WHEREAS, Krutzig Custom Homes, Inc., a Minnesota
corporation, (hereinafter "the Applicant") is owner of the
property located at 1629 Bohn's Point Road within the City of
Orono (hereinafter "City") and legally described as fol lows:
Tract A, Registered Land Survey No. 565, 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 permit the construction of decks, sidewalk, and driveway which
wou 1 d increase the hardcover-from 3,950 square feet or 21 % to
5,950 square feet or 31.5% in the 75' to 250' setback zone where
only 25% or 4,725 square feet of hardcover is allowed; and
WHEREAS , the City C o -u n c i l has considered this
application including the findings and recommendations of the
Planning Commission, reports by City staff, comments by the owner
and effect of the proposed variance on the health, safety and
welfare of the community.
NOW, THEREFORE BE IT RESOLVED that the City Council of
Orono, Minnesota, hereby denies the application of Krutzig Custom
Homes, Inc. for a variance to Municipal Zoning Code Section
10.22, Subdivision 2 for the property legally described above,
based on one or more of the following findings:
1. The Orono Planning Commission reviewed this application
on November 19, 1984 and recommended denial of the
application based on the following findings:
a) Applicant was made fully -aware by City staff of the
hardcover limitations on the property at the time of
application for a building permit.
b) The lot is substandard in area and width in the LR-
1B Zoning District in which it is located; however, the
property is substantially large enough that it could be
developed within the hardcover limitations.
c) The additional hardcover requested is not necessary
to preserve a substantial property right of the owner,
and the conditions leading to the need for a variance
were created by the applicant.
page l of 4
NO. 1726
The property currently accepts the natural flow of
runoff from the surrounding properties and additional
hardcover will decrease its capacity for accepting this
flow.
2. The Council finds that the proposed deck design, which
includes 5-1/2 inch decking with 1/2-inch spacing, underlain
by a level sand absorbtion layer of 12~ thickness, with no
barrier layer between the sand and the underlying ground
surface, has been demonstrated by applicant to be
sufficiently permeable in this instance so as to ·not be
considered hardcover.
3. The Council finds no undue hardships to the property
that justify granting a variance to the hardcover limitation
of 4,725 square feet in the 75-250' setback zone.
FURTHERMORE, BE IT RESOLVED that the City Council of
Orono hereby approves the construction of deck, sidewalk, and
driveway improvements to the property subject to the following
conditions:
1. A permit for the proposed deck of 900 square feet in
area must be obtained prior to construction. The deck must
meet the following minimum design requirements:
a) Width of decking boards may range from no less than
4" to no more than 8" in width.
b) Ratio of board width to spacing width may be no
greater than 12:l (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.
d) A minimum of a 12-inch depth of sand must be placed
under the entire area of the deck and extending
downward through any fill layers to the original soil
surface.
e) The deck platform shall be no higher than 12" above
finished grade, or if it is higher, a suitable barrier
must be placed between the deck and the ground surface
to prevent any access which would allow future place-
ment of impermeable materials (plastic, concrete slab,
etc.) under the deck.
page 2 of 4
City of ORONO
' . r;· ·: ll n r ... , '1j ,
R ESOLUTION OF THE CITY COUNC'll1 · /i;;
NO. 17 2 6
2. The applicant is placed 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.
3. The sidewalk and d r iveway are limited in hardcover to a
tot a 1 of 7 7 5 square feet, and any porous pavement or other
innovative surfacing methods proposed to be used in order to
exceed this amount are subject to review by the City.
4. Violation of or non-compliance with any of the 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. · ·
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 City Council on this 11th day of
February, 19 8 5.
ATTEST: I
Mary C. But ~ Mayor \
Property Own
pag e 3 o f 4
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN)
On this _/_r::_~--day of n1A-1?-cft_ ______ , 19 i?S , before me a Notary
Public w1th1n J./ and for said County, personally appeared
IJuJLLl~ _ _b.le_(,,(T'Z--/Li~ ___ 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. ·
MY COMMISSidN ~EXPIRES
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
On this day of , 1985, before me a Notary
Public -w.....,.i_t_h in ----------and for said County, personally appeared
be the person(s) described in and who executed
instrument, and acknowledged that he (they) executed
(their) free act and deed.
NOTARY PUBLIC
known to me to
the foregoing
the same as his
-----------MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, He nnepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of th e City Council of the City of Orono
with the original record of such resolution in ~he Minutes of the
proceedings of said City Council at a meeting of said City Council held
on ___________ February 11 , 19 85 __ and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
---------~_!, _____ , day of ___________
1
--~~~~~---------___ , 19 -~-5 __
(SEA-L)
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386.77.
Tho~as J. Radio, City Attorney
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323