HomeMy WebLinkAboutResolution 3730 0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��9kE
sx 0 NO. 3730
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L)
FILE NO. 2112
WHEREAS, Richard and Janet Putnam (hereinafter "the applicants") are the
owners of the property located at 2765 Casco Point Road within the City of Orono (hereinafter
"the City") and legally described as follows:
Lot 132, Spring Park, Hennepin County, Minnesota according to the recorded
plat thereof, that part of Lakeshore Avenue dedicated on the recorded plat of
Spring Park and now vacated and that part of a tract of land on the opposite
side of said avenue all lying between the westerly extension of the north and
south lines of Lot 132 in said plat (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for an after-the-fact variance
to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to
permit the reconstruction and replacement of an existing deck, such deck constituting hardcover
in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2112.
2. The property is located in the LRA C Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on May 20, 1996 and
recommended approval of the proposed after-the-fact variance based upon the
following findings:
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HENNEPIN COUNTY TAXPAYER SERVICeS g
OCT _ 1
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kES804' NO. 3730
A. Applicant was granted a variance for additions and remodeling of his
residence in 1987 via Resolution No. 2254. The wording of the variance
resolution and the plans and sketches submitted with that application can
be interpreted that some expansion of the subject deck was proposed and
approved at that time.
B. Applicant obtained a building permit (#1140) for construction of proposed
screen porch and deck work in 1988. Applicant then constructed a
screen porch, added railings to the pre-existing deck, and a stairway at
the south end of the deck, but at that time did not rebuild the deck. The
work covered under permit #1140 was subject to a final inspection on
June 26, 1989 after which time permit #1140 was considered as no
longer valid for further work.
C. In 1994 the applicant replaced major portions of the deck, which work
required a building permit as well as additional variance approval because
it constituted a replacement of existing structure/hardcover when the
property is in excess of the standard hardcover limits.
D. In-kind replacement of the deck as proposed and as completed has not
increased hardcover on the property above that which pre-existed.
Further, although hardcover based on applicants' 1996 survey appears to
be 384 s.f. in excess of the hardcover amount approved in 1987, it
appears that the hardcover excesses are due partly to survey discrepancies
and partly to interpretation of square footage of hardcover associated with
rock walls and walkways on the property.
E. The pre-existing deck was in a state of disrepair and was unsafe. Upon
application for a building permit, the applicant was advised of the need
for a variance. Applicant chose to replace the deck without waiting for
variance approval.
4. 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.
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0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESI�0 NG 3 7 3 0 14
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 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 applicants, 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants an after-
the-fact variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56,
Subdivision 16 (L) to allow the replacement in-kind of the pre-existing deck on the property,
subject to the following conditions:
1. Hardcover on the property in the 75-250' setback zone shall be limited to those
items shown on the survey and hardcover calculation worksheet attached to this
resolution as Exhibit A. Total hardcover in the 75-250' zone is limited to 4,789
s.f. or 44.7%. Applicant is advised that future proposals that result in additional
hardcover on the property will not be approved, but might be approved only if
concurrent hardcover removals result in no net increase in hardcover.
2. Applicant shall obtain an after-the-fact permit for the deck, and the deck shall
be inspected by the City to confirm its compliance with the Building Code.
3. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by issuance of a
building permit within one year of the date of Council approval, or this variance
will expire on that date (June 10, 1997).
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.
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0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3730
5. 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, Minnesota at a regular
meeting held on the 10th day of June, 1996.
ATT T:
j
or thy M. 131in, City Clerk Edward J. Call an, Jr., Mayor
Property Owner ( )
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of June,
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.
"'• LINDA S.VEE Notary Public
NOTARY PUBLIC-fAINNESOTA
HENNEPIN COUNTY
`• '` My Commission Expires Jan.31,2000
Page 4 of 6
0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��9kE
.0 NO. 3 's
s
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 1 day of _11?n , 199 , before me a Notary Public
within and for said County, personally appeared j,z,,jA. lt,hu'; tr , j'1)6
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 PUBLIC-MINNESOTA Notary Public
• HENNEPIN COUNTY
My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of f , 199 , before me a Notary Public
within and for said County, personally appeared 'j , r F !'r rr �; r-r, ".-I/-
known
/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
RESOLUTION # 3 73 0
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the f ofegoing copy of a such resolution in the Minut sof the
n of the City
Council of the City of Orono with the original record
proceedings of said City Council at a 1996
9meeting, d of
sthe same is d City Council
and correct
June 10 z-
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 11th ,
day of June 19 96
or thy M. , City Clerk
(SEAL)
CERTIFICATE OF SURVEY FOR
RICHARD A. PUTNAM c v
o OF LOT 132, SPRING PARK & PART OF VACATED LAKE SHORE AVENUE z
HENNEPIN COUNTY, MINNESOTA R
m
z �
_ o >
7- A
^�N �n
U 1
e.
.P S
00 Ceck L
OWN
_. Existing e
321, P� Stone House
/ o�qj 00001 0p Q
-10 0j Gj`C` } s.7 sJ ��/t°c4 ogstone 0 10 20 30 40 Z Lv
t1� ei b iN, O Of
5t N 4 t
1-v 9. Scale in Feet ~CL N
�6°O' w pG ' C) LL�Oo a °� z16 L Q O
a JOG Patio , 1J' ' f-n, osy 9a O Fw—
os
r'
a°`` Deck '?s Q
Steps "Woo
a � ROc4 . L—
i
Existing
Sym
_. �O° Rock e - _
Deck c) Il.l
=i. _ -=��,:•. ;_OREMS_S SLR_VErEO: <� U
ct 5:=.0 _ - . occora.-.q to the recorder it thereof•
of _o.e Snefe Avenue dedlcoled on the %.corded steps-4 ?Oy Rock
:d( :�Ae.� 0--! n0• .Ccoted end lhdt Pie' OI O tr«t was 1,
cr: _::Cl'•:side scid cvenue oa if,%.; beMecn
-e as > e-s c^ the ^r aid south line, of Lot 132 Jti J House Sy Kennel
sc: :.. 131 1 °�<,
V S
v. c:--.aories of tnc .00ve 4 yeo� JOS O
:escr:e: ::_ar;,,en,; a kx.::..:r. c' on e.ls T ",,se and p 7
•.:st--; :-•C -we "n::cc.er" thereon. l does not
:✓:c'• •'rs-:•r:ry -.,-r im:r:.e•• is or encroCcrxnents. ^ - ryp. 1
,, ,.z Existing z,-1'
y N
n T *o °s
doy
HARDCOVER CALCULAT N WORKSHEET a s� W;ndo-
SETBACK ZONE: (CIRCLE ONE) 0-75' S 250' 250-`00' 500-It 00" Garage
FYI_GTING H_gRDC_OVER IK ZONE *?e �sGV D Stone O/,0 07^�
A. House x O S.F. Deck �r Q�Q fe App / gam 3
Length Width � Rock �!♦ /.°p =,�Y
F.
b
X - =X.F . Existing 2.' Bituminous
X - _S.F. J- /
Won
B. Garage x - 77b S.F.` Rock
C. Dri,cway x y2S S.F. House
X - SF_. ??
TTOrVE WALK 7� _. _ .,Rock
D. Sidewalk .rr!t. G..AtIC x 110 71 S.F. Existing eorL�on / woo €
coir. C"Ad x S.F. /
Garage
E. Patio/Deck 04''O x - 220 S.F.
derk 9.sf x /9.Z /90 S.F.
F. Landscape RDC/( LC/n LL r x - ?O S.F.
Underlain x ' S.F.
wart �
By Plastic x S.F. (sR«k �:Q
19
Or Fabric r
71
G. Ocher x ' S.F. 0
43
TOTAL HARDCOVER IN ZONE 417 6 9 S.F. AL
TOTAL PROPERTY AREA IN ZONE 10.72o S.F. 13 GP 6
A H7P9 - B 1072 xim - VY 67 .
e
REGISTERED V0L_�
PAGE_ "�
07FlCE OF THETR�
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[1ENNEPIN CO1,;M MINNOR
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71994
REGISTRAR OF TITLES