HomeMy WebLinkAbout1992-08-24 Resolution 3174CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3174
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B) AND
AN AFTER THE FACT VARIANCE
SECTION 10.22, SUBDIVISION 2
FILE #1753
WHEREAS, Darlow T. Madge (hereinafter "the applicant") is
owner of the property located at 875 Forest Arms Lane within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 2, Forest Arms, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit
the following structures to be installed in front of the average
setback line: pool and patio area, 181x13' storage shed, 5' high
fence and 81x3' lockbox and ar after the fact variance to Section
10.22, Subdivision 2 for a pump house structure located within the 0-
75' setback area resulting in 12 s.f. of hardcover where no hardcover
is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1753.
2. The property is located in the LR-lB Lakeshore Residential
Single Family Zoning District requiring 1 acre in area. The
property consists of 61,939 s.f. or 1.42 acres.
3. The Orcro City Council reviewed this application on August
10, 1992, and recommended conceptual approval of the
proposed variances based upon the following findings:
a) The pool and patio area are to be located in front of
the average lakeshore setback line within the 75-250'
setback area. Total proposed improvements within the
setback area are at 2,684 s.f. or 10.8%.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3174
b) 636 s.f. of landscape area underlain with plastic was
installed within the 0-75' setback zone. Applicant
shall remove the plastic underliner and maintain the
pump house structure resulting in 12 s.f. of hardcover.
c) 8,811 s.f. or 42.9% hardcover exists within the 250-
500' setback area. Total hardcover within the 75-500'
setback area is proposed at 11, 495.5 s.f. or 25.3%.
d) The residence structure is located 275' from the
lakeshore. An extensive grassed yard area has been
maintained to treat runoff to the lake.
e) The homes along Forest Arms Lane have been developed in
an alignment close to the road. Any proposed
installation of accessory structures within the
lakeshore yards of these properties require average
lakeshore setback variances.
f) The development of the flag lot to the immediate south
of the property creates a major impact on the average
setback line.
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
variances 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 variances on the health, safety and
welfare of the community.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3174
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 1 (B) and Section 10.22, Subdivision 2 to permit
the installation of accessory structures in front of the average
setback line and to permit a 31x4' pump house to remain within the 0-
75' setback area, subject to the following conditions:
1. Applicant shall provide an updated survey upon application
for a building permit for pool and patio area locating the
proposed improvements on the survey. Survey should also
include the relocated shed that is currently located within
a utilit-.• easement within the lakeshore yard.
2. Applicant shall remove 636 s.f. of landscape area underlain
with plastic adjacent to channel and applicant is further
advised that there shall be no use of plastic underliners in
landscape areas within the 0-75' setback zone except for
those areas within the drainage swale where such use has
been required and approved by the City.
3. Applicant shall obtain a penalty building permit for storage
shed and lockbox structure. The storage shed must be
located out of utility easement area.
4. The applicant and all future owners are hereby placed on
notice that all structures to be located in lakeshore yard
of this property shall require an average lakeshore setback
variance.
5. 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 (August 24, 1993).
6. 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 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3174
7. 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.
August,
ATIESM :
Adopted by the Orono City Council on this 24th day of
1992.
othy M allin, City Clerk
li�)
G,
Property Owner(s) ,
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this
24th day of August, 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.
JAMIE L F30SMA ` i"�--1 G
NOTARY KWC4AINN WM No tea y Public
[is
MB�NiB'IN COUNTY
Comm E�ptleS 12-1�9I
Page 4 of 5