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Home My WebLink AboutResolution 3656 � � �1: '. 7 O� . O • O �b, - CITY of ORONO � , � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH��'� NO. 3 6 5 6 A RESOLUTION GRAIITNT�NG V�R�ANCE� TO NdUNICIPAI, �ONAN� �O�E 1 SECTION 10.03, SUT3DIVISION 14 (C) �N� � 10.22, SgJB�IYISION 2 � FIL� iaT�. 20E3 VV�IEREAS, Bernice M. Zumbusch (hereinafter "the applicant") is the owner of ti�e ��roperiy located at 1535 Long Lake Boulevard wi�hin iSie �;ity of Urono (hereinafter "tr.e c:.'i�i") and legally described as follows: � Lot 19, Albee's Long Lake Addition, Hennepiii County, M:nnesota (he;einafter "the property"); and '��IEREAS, the applicant has applied to the City for vari�.nces to Nlunicipal • Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.22, Subdi.aision 2 to perni�t the r��.�cnstruction uf an approximate 38' x 10' deck and stair to the lake side of ihe existin� residence where structural excesses exist at 1,832 s.f. and where 1,500 s.f. would be allowed a,�d. rt�e deck located v�rithin the 75-250' setback aze� consists of 3,957 s.f. or 87.35% hardcover a�.id 3,795 s.f. or 83.7% is proposed and vvhere 25% is allowed. 1V'f)�'4�, �'��I��F'€31�E, BE 3'�' ��:SOLVED by the Ci�ry Cc�-uz:cil of Orone, i�Tinsiesota: FINDII�G� 1. This application was revi�wed as Zoning File #208�. 2. The .property is located in the LR-lA Lakeshore Residential Zoniilg District requiiing two acres in area. The property consists of 9,140 s.f. �r .21 acres. 3. The Qr�no Planning Commission reviewed this applicat:on on November 20, 1995 and recommended unanimous approval of the variances as amended, based upon the following unique findings and hardships: , • Page 1 of 5 , . � � , ' � . , ; - • ; � O� . • O ' O �b. - CITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL ��`9$,E p4�'G N O. e� s c5 s � SII A. Major portions of the properry receive excessive runoff from Long Lake Boulevard during heavy rains and the majority of runoff pools in the grassed, flatter elevations at the shoreline of this property. B. The majority of hardcover from the stairs and timber walls within the 0- 75' setback area was approved by the City in 1986. The stairs installed at a 4' width is allowed on a property with steep elevations. C. The deck is unsafe and in need of major repair or replacement. D. There is a concrete patio beneath the deck. � E. The deck will have no impact on the lake views of adjacent residences. • F. Removal of plastic underliner in the gentle or more flatter sloped areas of the property will allow for greater absorption of runoff from the road and higher elevations to the north. G. In the City Engineer's report of December 4, 1995, Shawn Gustafson notes that the removal of the plastic underliner from rock patio and timber wall landscape boxes will result in "very little potential for erosion". He also notes that runoff infiltration would be increased in . these flatter sloped areas. H. The City approved variances in 1968 and 1972 to allow residential construction on this severely substandard parcel. I. Hardcover in the 0-75' setback area has been reduced from 16.29% to 8% and in the 75-250' setback area from 87.35% to 83.7%. 4. The City Council fmds 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, Tight, air nor pose a fire hazard or other danger to neighboring property; would not merely • Page 2 of 5 • ----------- - --- ,ti.,,',i, .:� _ .. ^ . ` � � - . .. � � � , c . . . . � O� • O O b� - �C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��.kE o�� No. � S 5 6 � sK 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 fmdings and recommendations of the Planning Commission, reports by City staff, cominents by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. COIVCLUSIOl�TS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Cou�-�cil hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and 10.22, Subdivision 2 to permit the reconstruction of a 38' x 10' deck and stairs to the lakeside of the • existing residence and approves a structural coverage variance of 332 s.f. or 3.6%, a hardcover variance in the 0-75' setbacic area at 370 s.f. or 8% and a hardcover variance in the 75-250' setback area at 2,662.� s.f. or 58.7%, subject to the following conditions: 1. All hardcover improvements as shown on the attached survey as Page � of this resolution shall be removed prior to the footing inspection for the new construction: 2. 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 buildina pernut within one year of the date of Council approval, or this variance will expire on that date (December 11, 1996). 3. Violation of or non-compliance v��ith 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 , V � O� • O O �b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`�$E Hp4��'G NO. 3 6 5 � � S 4, 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. � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day� of December, 1995. A ST: • . � �'` � . - Dorothy M. a lin, City Clerk dwazd J. Ca an, Jr., Mayor • � .� �?�-�� ' , ' Property Owner (s) STATE OF MINi�1ESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on tlus llth day of December, 1995 b5� Edw�ird J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Ivlinnesota mu.nicipal corporation and said instrument was executed on behalf of the City. �"•. JAMIE L.BOSMA No ublic '` NOTARY PUBLIC-MINNESOTA ' !1 -.' HENNEPIN COUNTY . � , �,�•�•' My Commission Expires Jan.31,20Q0 _. ,� .f_,c-�. . • Page 4 of 5 . . .. . ... . . . . . .. . . �y - r .. _. . . .... .. . . .._ . . . .. .. -- .. _ '. .'._ ; .. ..��._....-�..........�._. �w.,.......uwe....�..._... . . ... .. .......�.r....._aY�,,i' �. ..' " . .. . � . \ . " .. . � O� � O O �b. - �C ITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��kE HO�� NO. 3 6 5 � � S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ � q`�` day of�eC�nc./o.eh� , 199 S ,before me a Notary Public within and foi•sa.id County,personally appeared��- (��n�'E�` � �u�*��' ��``�-7�"`" known to me to be the person(s) described in and vdho executed the fd�going instrument, and aclaiowledged that he (�liey) executed the same as his (their) free act and deed. � °'•"`� JAMIE L.BOSMA ' � %V"� 7` �' NOTARY PUBUC-MINNESOTA L� - � " % HENAEPIN COUNTY '•,�•:•� My Canmission Exp�res,lan.3t,200o N� ublic STATE OF'MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this ciay of , 199 , before me a Notary Public within and for said County,personally appeared_ known to me to be ti�� Person(s) descrit�ed in and who executed the foregoing instrument, and acknowlcdged tl�at he (chey) executed the same as his (their) free act and deed. � � Notary Public ST�TB C:F MINNESOTA ) ) ss. COUNTY OF �iENN��PIN ) 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 ins±rument, and acknowledged that he (tl�e�; executed the same as his (their) free act and deed. Notary Public • Page 5 of 5