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HomeMy WebLinkAboutResolution 3749 ,"ti"� :'r:�=n, , . ti r . O , � � � O O • A. - C ITY of ORONO � ti � ' G'ti . RESOLUTION OF THE CITY COUNCIL . �9kESH�4��' � NO. � � � A RESOLUTION GRANTING A VARIANCE � TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND 10.56, SUBDIVISION 16 (L) � . FILE NO. 2134 WHEREAS, Robert and Tara Albrecht (hereinafter "the applicants") are the owners of the property located at 1810 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 22, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to • permit the construction of a deck located within the 75-250' setback zone constituting an additional 165 s.f. of hardcover when hardcover in the 75-250' zone already exceeds the 25% limit. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2134. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1996 and a revised proposal on June 17, 1996 and at that June 17 meeting voted 3 in favor, 4 against on a motion to recommend approval of the requested variances. Page 1 of 6 • a � o� � � 0 0 • �e. - C ITY of ORONO � � ���: �G'� RESOLUTION OF THE CITY COUNCIL . `�kESxo4 No. � 7 4 9 4. The City Council reviewed the revised application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and their attorney, and the effect of the proposed variance on the health, safety and welfare of the community, at the regular Council meeting of July 8, 1996 and voted 3 to 1 to conceptually approve the requested hardcover variance subject to specific conditions, and directed City staff to prepare a resolution for adoption. 5. The City Council finds that: A. The property has been the subject of previous after-the-fact hardcover variances, the most recent of which was granted in 1991 to allow 5,080 s.f. of hardcover within the 75-250' lakeshore setback zone. B. The applicant in spring 1996 constructed a deck on the lake side of the • existing residence within the 75-250' lakeshore setback zone, such deck comprising 165 s.f. of additional hardcover. Applicant proposes the concurrent removal of 255 s.f. of existing driveway and 115 s.f. existing landscape area hardcover, resulting in a net hardcover decrease of 205 s.f. in the 75-250' zone. C. No variances other than hardcover are required for the deck. D. The applicant failed to obtain a building permit prior to construction of the deck and therefore is subject to after-the-fact investigation fees for this variance application and all necessary building permits. E. The applicants reconstructed the lakeshore bank stairway serving the � property at some time during the period 1991-1996 without obtaining the required building permit, and that structure does not conform to the City standards for such structures because it includes a platform 6' in width where only a 4' wide platform is normally allowed. The Council finds that this structure should be brought into conformity and the proper after- the-fact permit be obtained by the applicant. Page 2 of 6 � � °� . 0 0 • b � CITY o� ORONO � � ���: �G'�' RESOLUTION OF THE CITY COUNCIL � �kES80S� NO. � � 4 9 � F. Council finds that the applicants' proposal to remove a 255 s.f. portion of the existing driveway will not make access to the property less safe, because there will still be substantial parking available in the remaining driveway and the necessary backup apron near the west end of the property will still be functional to allow cars leaving the property to enter County Road 19 (Shadywood Road) driving forward. G. Council finds that the removal of portions of landscape hardcover which were allowed by resolution in 1991 is appropriate as a means to reduce overall hardcover in the 75-250' zone. � H. Council finds that once the current construction and hardcover removals are complete, the property will have been developed to its maximum hardcover potential, and it is the Council's intent that future property , • owners and future Councils be advised that the current Council would not approve future hardcover additions or intensifications on this property. 6. 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 applicants' attorney, and the effect of the proposed variance on the health, safety and welfare of the community. 7. The 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 tr�c 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 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. � Page 3 of 6 • � o� � 0 0 • b - CITY of ORONO � � ���_ �G'�' RESOWTION OF THE CITY COUNCIL � �kESH�� NO. "r t,�4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow the construction of a deck constituting 165 s.f. of additional hardcover in the 75-250' zone, resulting in an excess of hardcover above the 25% hardcover limit normally allowed, subject to the following conditions: 1. Hardcover in the 75-250' lakeshore setback zone shall be limited to 4,832 s.f. (41.7%) per the site plan and harcicover calculations attached to this resolution as Exhibit A. All hardcover removals required per Eachibit A shall be completed before applicant is issued a building permit. 2. Hardcover in the 0-75' lakeshore setback zone shall be limited to the existing 180 • s.f. portion of the house and 90 s.f. of lakeshore stairway/platform structure, for a total of 280 s.f. or 4.3% of the 0-75' zone. This result shall be accomplished by applicants reducing the 6' x 13' platform portion of the lakeshore stairway to a width of 4'. 3. The property owner is advised that any future proposal to increase or intensify hardcover on the property will require a new variance application and is unlikely to be approved based on the findings of the Council noted in this resolution. It .is the intent of the current Council not to approve any future hardcover variances for this property. 4. Within 30 days of the date of this approval, applicant shall pay the $220.00 after-the-fact variance application fee, and shall obtain an after-the-fact building permit for construction of the deck abutting the house, and shall obtain an after- the-fact building permit for the construction of the lakeshore stairway. Further, applicants shall make any revisions to said structures deemed necessary by the Building Inspections Department to bring said structures into conformity with the Building Code requirements. � 5. Authorities granted by this variance run with the property not with the • Page 4 of 6 � °� � 0 0 • b� - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL �L9k'E H04�'G NO. � '� 4� � . s 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 12, 1997). 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. 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 City Council of the City of Orono, Min.nesota at a regular meeting held on the 12th day of August, 1996. ATT ST: � , �' � _ �� r� ��� �;� ' � � . . '�pG ✓ �' orothy M. m, City Clerk Edward J. Callahan,�Jr., ayor J � / Pro�erty Owner (s)' • Page 5 of 6 � o� � 0 0 � b - CITY of ORONO � � ��L; �G'�' RESOLUTION OF THE CITY COUNCIL � �kESS�4L NO. +� � � � � � STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf • of the City. ��'.`•. JAMIE L.BOSMA !` NOTARYPUBLIC-MINNESOTA � ' '' :�: HENhEPINCOUNTY f ��-�•�•° My Commission Expires Jan.31,2000 NO Public �, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • On tlus��� day of r,c,.S� , 199 � before me a Notary Public within and for said county, personally appeared cr b-e/��- �� ,6r .L(r¢- /yl��'r'�e� 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. �.'"••. LINDA S.VEE � /��� ��''� �` '� NOTARY PUELIC-f�11NNESOTA ` " e, 4'+:`�',: HENNEPIN COUNTY O ARY PUBLIC '�Y��'° P�ly Commission Expires Jan.31,2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this� day of , 199 �before me a Notary Public within and for said county, personally appear � 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. a�.�".�.. 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