HomeMy WebLinkAboutREsolution 3755 1 ,
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CITY of ORONO
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�'4 ;^I� �Gti RESOLUTION OF THE CITY COUNCIL
�kESHO4' NO. 3 7 5 5
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2; 10.55,
SUBDIVISION 8; AND 10.56, SUBDIVISION 16(C)
FILE #2163
WHEREAS, Larry and Sharon Gehl (hereinafter "the applicants") are owners of
the property located at 1825 Concordia Street within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 8, Coffee's Addition to Shadywood, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivision 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision
16(C) to allow the construction of a second story deck above an existing enclosed porch, such
deck constituting new construction located less than 75' from the lake where no temporary or
permanent structures are normally allowed, and such deck constituting an encroachment of the
average lakeshore setback line where no encroachments are normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2163.
2. The property is located in the LR-1C, Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on August 19, 1996,
and recommended approval of the proposed variance on a vote of 5-1, based
upon the following findings:
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Page 1 of 6
OCT 2 1911/
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( 04. O CITY of ORONO
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";'s. 1 TT RESOLUTION OF THE CITY COUNCIL
4ifESH04 NO. 3 7 5 5
A. The proposed deck is above an existing, one story enclosed porch and
therefore does not constitute new or additional hardcover on the property.
B. The extension of the railing above the second floor level has no
significant impact on neighbors' views of the lake, since neither neighbor
has significant views of this portion of applicants' house.
C. Although the average lakeshore setback line drawn on applicants'
submitted survey suggests a 10'-12' average setback encroachment, an
average setback line based on City topographic maps suggests there may
in fact be no average setback encroachment. Further, vegetation to the
south is too dense to allow a visual site line confirmation of the average
setback line location.
D. The second story deck and associated railing do not add significantly to
the bulk of structure located less than 75' from the lake.
E. Applicants have recently removed a concrete sidewalk that was located
within the 0-75' setback zone, thereby resulting in a decrease in 0-75'
hardcover. In addition to the existing 12.5'x26.3' enclosed porch, the 0-
75' zone contains a 12'x16' main floor level deck, and an area of
landscaping lined with plastic, comprising approximately 270 s.f. in area.
The plastic should be removed from below the landscaping to make this
area non-hardcover.
4. 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.
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 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 applicants, but is necessary to alleviate a
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,PCITY of ORONO
� Air( 457 RESOLUTION OF THE CITY COUNCIL
9kESHOg' NO. 3 7 5 5
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Sections 10.22, Subdivision 1 and 2; 10.55, Subdivision 8; and
10.56, Subdivision 16(C) to allow the construction of a second story deck above an existing
enclosed porch, such deck constituting new construction located less than 75' from the lake
where no temporary or permanent structures are normally allowed, and such deck constituting
an encroachment of the average Lakeshore setback line where no encroachments are normally
allowed, subject to the following conditions:
1. Applicants shall adhere to the construction plans submitted with the application.
2. Applicants shall obtain a building permit for conversion of the existing roof to
a deck system.
3. Applicants shall remove the plastic or fabric liner from the 270 s.f. landscape
area in the 0-75' zone as indicated on the site plan attached to this resolution as
Exhibit A, such removals to be completed within 30 days of the date that a
permit is issued for the deck construction.
4. Hardcover in the 0-75' zone shall be limited to the 12'x26.3' existing porch and
12'x16' main floor level deck, comprising a total of 507 s.f. (6.1%) hardcover
in the 0-75' zone. Hardcover in the 75-250' zone shall be limited to the existing
25% level as shown in the hardcover calculations included on the site plan,
Exhibit A. Applicants are advised that the City will likely not approve
additional hardcover for this property, and any future proposal to increase
hardcover on the property might be approved only in conjunction with
concurrent removals of pre-existing hardcover, to result in no net increase or a
net decrease of hardcover on the property.
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CITY of ORONO
'lxot,� ,
� ;^ 0 RESOLUTION OF THE CITY COUNCIL
9keski0 NO. 37 5 5
5. Authorities granted by this variance 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 this variance
will expire on that date (August 26, 1997).
6. 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.
7. The undersigned applicants have read, understood 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.
Adopted by the Orono City Council on this 26th day of August, 1996.
A ,TEST:
D o .thy M. lit in, City Clerkdward J. C ahan, Jr., Mayor
L
Property/Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
August, 1996, by Edward J. Callahan, Jr. & 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.
/la e. $)
NotaryPublic
JAMIE L.BOSMA
NOTARY PUBLIC-MINNESOTA
v HENNEPIN COUNTY
My Commission Expires Jan.31,2000 1
{- -lllIJIJI- � Page 4 of 6
Ow ().40
CITY of ORONO
;�q11�` G� RESOLUTION OF THE CITY COUNCIL
� � -' '� ,45.)'*
►5755
li ESHO4 NO.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) _
On this 3c`41' day of (.G,fac,.,;et , 199_L:before me a Notary Public within
and for said county,personally appeared _ 1 . i ,
known to me to be the person(s) described in aid who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
.-a JAMIE L BOSMA
NOTARY PUBLIC-MINNESOTA
N ', .. � HENNEPIN COUNTY ,: .`.j =�
<• My Commission Expires Jan.31,2000 .' NOTARY PUBLIC
. .rr.�r ✓ifirrrrrrrrlir�riir
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary Public within
and for said county,personally appeared
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.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 before me a Notary Public within
and for said county,personally appeared
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.
NOTARY PUBLIC
Page 5 of 6
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RESOLUTION # 3 7 5 5
•
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallie, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a1 meetinand of�ts�ed same is aCity �uncruel and ecorrecld t
August 26
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 28th
day of August , 19 96 •
. )/-)72. 0-air;G
orothy M. gl •., City Clerk
(SEAL)
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r tt•t t•1'ai f--) u` _ HARDVER 1N ZONE
�j A. House CO(a x 2:(. _ .515- S.F.
17coLength Width
Survey For Larry Gehl - Book 348 Page 8 File _ x - S.F.
1825 Concordia Street x = S.F.
Orono, MN 55 391 / B. Garage x = S.F.
?6 C. Driveway x = S.F.
�j`._ i / z = S.F.
3 iezm D. Sidewalk z = S.F.
It DecA /71)" $e- 413/ x = S.F. 9
L� \ — _ j/49 C�/ � E. Patio/Deck /'t._ •- /C. _ /9z,
J S.F. t/�
`� Z x --...—_ — S.F. �V
/ r
/�4 tri
� I7�' —� 7 6. t✓ F. Underlainx ;b = YS.F \.f1 — 67 — — �, By Plastic x = S.F.
• �c—
�• q _
1 \ MC) GFk Al 'r D `, p �' y G. Other x S.F.
a P,e.oPo�Efl � ,�?z, � 4- n� �- 66.7-- t - _
l /� G 1C. � ry ^ 30,2 2A TOTAL HARDCOVER IN ZONE 7/, SS.F. A
.F. B
�� ly — _ t� ^ TOTAL PROPERTY AREA IN ZONE ,3Y � 8,33 J
1 , Ar — if: I-; A Aja B 7r o:›
z 00
�/ ,i. i // /r 3lrfitg2 = 5:07 ,2oY�
L._&tt rill . -` 75-.,. )-,',!/..
cf.,, 3t, c, _ _—_,
` � ' s. ,'Q3 13.7-• o
Ni (j 12K 2(o ono ' \; �'
r �' / DeG 4 /46ove S ,/_ . N P2oPo,.. /_ ' ` HARDCOVER W zoNF.
^n t i.k 1 S /`��
'i1N t'� �pRCI•{ /ropes A. House 3 S x SO• _ /0(,-7 So S.F.
,tri- - Pr^zo Po S�p t'xp,4 �Nf / Length Width -
�� NS/Q,U ,�
2.le, _ z z�j.s — 793 S.F.
2 ,e /`,, 23 z 22 = So(, S.F.
f 2 SToZ�}��� /; ,."'; ', \' 1 x • = S.F.
1 B. Garage 3 / z 21 = 'S 19 S.F.
1 C. Driveway 3 C� _ x• cfb /`/Y S.F.
` 22.S • /00 3 S.F.
/ •=9"2_
so
•
\ / -�j� (1 S' � PLAN D. Sidewalk S L = x = /F, $ S.F.
�J �� z ? • /6
S.F.�vE. Patio/Deck IZ _ x / = j b� S.F.
kI 25� � 67-A-FF Nom s x ,c) s� S.F.
/ .'
\/ O F. Landscape 5-7 _ x _ 39 S.F.
/ ��/ G c 1 Underlain x S.F.
_ /��� `J By Plastic _ z = S.F.
� G. I Other z = S.F.
:, I-11
_
I I TOTAL HARDCOVER IN ZONE —7pg(o.So S.F. A
TOTAL PROPERTY AREA IN ZONE i 2A , ,N... S.F. B
A 7r71 _ - B 283IG•So x 100 = ioZS
\ .
13
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• WWI' VOLS ZZI_,PAfi 8 IO/
OFFICE OF THE REGISTIVIS
OF TITLES
HENNEPIN COUNTY. MINNESOTS
CERTIFIED FILED ON
OCT 7 1996
REGISTRAR OF TITLES
DEP_U3