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Home My WebLink AboutResolution 3619 :\ . .'�� .�.�. �.., . � O� � O • O • , �b � CITY o� ORONO � �{ � ��L �G'�' RESOLUTION OF THE CITY COUNCIL �k'ESHOg' . NO. e� G � 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1, SECTION 10.55, SUBDIVISION 8 AND SECTION 10.56, SUBDIVISION 16 (C) AND (L), AND GRANrING A CONDITIONAL USE PERIVIIT � PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2073 WHEREAS, William Dunkley and Susan Dunkley (hereinafter the "applicants") are the owners of the properry at 2709 Walters Port Lane located within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Block 3, Walters Port, Hennepin County, Minnesota (hereinafter the "property"); and • � VVI�REAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 1, 10.55, Subdivision 8 and 10.56, Subdivision 16(C) and (L) to pernut the construction of an entryway addition constituting structure and hardcover � in the 0-75' lakeshore setback zone where no structural hardcover are normally allowed, and requesting similar variances for an enclosed porch and open deck located within 75' of lakeshore where no structure or hardcover is normally allowed, and for a conditional use permit per Section 10.03, Subdivision 19 for the reconstruction of retaining walls within the 0-75' zone. NOW, TI3EREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: " FINDINGS 1. This application was reviewed as Zoning File #2073. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. . • Page,,l of 8 .� . . -- , � � O 'V • O O b. � CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. c� s � � 3. The Orono Planning Commission reviewed this application on September 18, 1995 and recommended approval of certain of the requested variances and conditional use permit and recommended denial of certain variances per the following findings: A. Planning Commission recommended approval of the necessary hardcover � variance and conditional use permit for replacement of existing retaining walls, fmding that such walls are necessary' to the integrity of the property, and that such walls should be constructed per the recommendations of the City Engine`er regarding removal of the existing wood,walls prior to construction of new walls. B. Planning Commission recommended approval for repair of the driveway, replacement of a retaining wall along the north side of the driveway, and replacement of a front walkway from the stoop to the driveway, finding • that such improvements are necessary to protect the driveway and the neighboring property and provide access from the driveway to the house. C. Planning Commission recommended approval of an approximately 100 s.f. front entry addition to the house to alleviate a water problem due to topography and roof pitch at that.location. D. Planning Commission recommended denial of the proposed 10'x33' three season porch and 10'x16' deck behi.nd the garage, which construction would be located as near as 24' and 19' respectively from the shoreline of Lake Minnetonka, which construction would constitute additional structural hardcover in the 0-75' lakeshore setback zone, and which • construction would increase lot coverage by structures on the properry to � in excess of 16% where only 15% lot coverage by structures is allowed, and which additions would add to the bulk of the structure as viewed from the lake, and which additions would encroach into the average lakeshore � setback. E. Planning Commission further recommended that substantial amounts of landscape hardcover on the properry be el'uninated, given that existing � hardcover in the 0-75' zone is 49.6% where no hardcover is normally � Page 2 of 8 .i . � O� • O ' O �b. - CITY of ORONO � � � - '�' RESOLUTION OF THE CITY COUNCIL ��L �G �kESH�� NO. !R � 1 . allowed, and given that hardcover in the 75-250' lakeshore setback zone is 74.2% where only 25% hardcover is normally allowed. Planni.ng , Commission finds that the hardcover areas recommended for removal are not necessary to support the integrity of the property, and there is no hardship to justify the continued existence of said hardcover in Iight of the current hardcover variance request. 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 communiry. 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 and conditional use permit would not adversely affect • traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properry; 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. � � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use permit per Municipal Zoni.ng Code Section 10.03, Subdivision 19 and variances to Sections 10.22, Subdivision 1 and 2, Section 10.55, Subdivision 8, Section 10.56, Subdivision 16 (C) and (I.) to allow certain structure and hardcover and retaining walls in the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed, as follows and per the following conditions: • Page 3 of 8 . `� , ( I O� • O O �. - CITY of ORONO � � �ti �� G RESOLUTION OF THE CITY COUNCIL �kESH��`' NO. 3 6 19 1. Approval of the replacement of existing wood retaining walls with modular block walls per the site plan attached to this resolution as Exhibit A. Existing wood walls adjacent to new block walls must be removed rather than buried, except in the locations shown on Exhibit A. 2. Approval of the 100 s.f. front entryway addition as proposed, per the construction ' plans submitted with the application. 3. This approval is subject to speci�c hardcover removals as shown on the "removals" site plan, Exhibit A, and subject to the final site hardcover allowance shown on the "final" site plan attached as E�ibit B. The property owners are advised that all hardcover required to be removed shall be removed prior to footing , inspection for the proposed entry addition. � • 4. Applicants or their contractors shall obtain the appropriate permits for construction of the proposed entry addition and construction of the retaining walls. Further, . prior to issuance of such permits, applicants shall provide a "proposed hardcqver" � survey correctly depicting the new driveway, indicating all proposed retaining walls, �sidewalks, stairs, entry addition, etc. and all other proposed hardcover, including a 'proposed' itemized hardcover calculation by applicant's surveyor . confirming the proposed final hardcover percentages in the 0-75' and 75-250' zones. 5. The proposed 10'x33' enclosed porch and 10'xld' open deck are specifically denied, and shall not be constructed. 6. Any future hardcover placed or constructed on the property of other than the nature, location and area of that hardcover shown on the final approved site plan, Exhibit B, shall first require approval of the City Council, and likely will not be approved without substantial removals of pre-existing hardcover resulting in no net increase or a net decrease in hardcover on the property. 7. Authorities granted by this resolution 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 the special conditions of this � resolution will expire on that date (October 9, 1996). Page 4 of 8 s. , • � O� ' • O ; O �b. - C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH�S�`' NO. � s 1 � 8. 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. 9. The undersigned applicants has 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 9th day of October, 1995. A T: \�>�„• � /�/ • thy M. all' , City C erk �dward J. al n, ., Mayor � . �,,nn W(l� W�7;�.� ' roperry Owner(s)� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instnunent was acknowledged before me on this 9th day of October, 1995, 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. � � � No � blic � � ° '"` JAMIE L.BOSMA .,• • • NOTAAY PUBLIC-MINNESOTA �`� - � NENNEpIN COUNTY s ' �IMM��• My Comm(ssfon ExpiresJan.31,2000 • Page 5 of 8 t L - � O� • O ' O �b - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �� `�x'Esxo�` No. � 6 1 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this a.�� day of ,� , 199 � ,before me a Notary Public within and for said County,personally appeared r'�. known to me to be the person(s) described in and who executed the f regoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �Q� �1J`." �� A��y - . .� CAROLE A.HASEMAN Notary Public 9^' ` tiOTARY PU81.lC-MiNNESOTA ; • � HE�INEPIN CO{JNTY �'IMM{ Nfy Commission Explres Jan.31,2�00 . • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On trus o`��' day of /nC�� , 199 s , before me a Notary Public within and for said County,personally appeared ,�� ,�/ ;1�r,�-,_,��. �.�.��_o� known to me to be the person(s) described in and who executed the forego�ng instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �c.eJ f� • � JAMIE L BOSMA Notary blic ✓ :'•'y` � F}pURY Pl1BLffrMINNESO?A r��; :��u� /��Ft�ENNEPIN C1,W,.�NTYI� I�/�/� �'IMII{ �N{�IIfl1f1��HGI��711 L{M/ ! � � Page 6 of 8