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Home My WebLink About#2112 Recorded Resolution 3730CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 3 0 .· A RESOLUTION GRANTING A VARIAN CE 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 A venue 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 LR-IC 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: ENTERED HENNEPIN COUNTY TAXll'AYER SERVICOO Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3730 NO. ______ _ 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. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 3 0 '1' 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. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 3 0 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. lin, City Clerk ~!lf!iL --!/ l / 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-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 3 0 On this 1_ It~ tl.L day of __ .·J t, fl L-, 199 &; , before me a Notary Public within and for said County, personally appeared t,-.i:r /10, dA. l~t; ;,·1,, n J(,, r,, c cl 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. -/ -' i ,I .-L _ _/ I;)!_::.__ ~ nJU~-_ . (/ Notary Public ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / -H.' day of /lr u.-:· .:.-, 199 ( , before me a Notary Public within and for said County, personally appeared -r _, 1 ,,.. 1-, 0,, ✓,, iY' /' • , ;-·, , -'" . ./ 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 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION# 3 7 3 0 I, Dorothy M. Hallin, 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 a meeting of said City Council held on June 10 , 1996 , and that the same is a true and correct 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 _2.L. (SEAL) , . -s-~,,, v,, .... " /,./.,o· ,' ,., ,,',SJ ,, ' ,'•"' ll,4,/ "i' / !....l.,, ~ ":,~,,, ,,./,/ •:: ~~~-:-: : := ~i :,: · .. ::,: CREM·~::S SL..RV[Y(O: :t "!~ 5;.:~.c ~.:,;;:,.._, :ic c or;:;.,c; t c t he re cord c<.:. Jt lher~of. "'"'C ! :::: .. : of :..aiit e Sncre Av e~e oec:iico ted on t he ,,:corde d ;-ct :· ~;:,R,, •. :; p~.;,, ·:·-: no.., ,ccot ed end tno t µw · of o tr ocl .• icr .; ;"" !'"'-. ::.;c:$.·'.•; s;oe ·.:· scid cvenue all 11 ;,1,: be t ween ·-e •~s:~1~ • -~ .. i e-·· tne •·-c-:~ ~--d soUy, line.., o f Loi 132 s.: ; : =~ f Af f'R1)\)~ /qT/./,(/VJ · HARDCOVERCALCULA!lllli_WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75 ' ~ . 250-5 00' EXJSTJNG HARDCOVER IN ZO NE A. House ______ x Lcnc!.h B. Gange C . Drive way r ra.vt t,<,,'~'"' D. Sidewalk (t:,_,.,r tA.,> t I( COY!~ CU,(d E. ?ltio/Deck l",t_r_.·_O ___ _ ;~,k 9 . Lf 1£(1< F. Land.scope ,,e O (' (( wn.Lf Underlain By Plastic Or Fabri c rr,,.,.s G. Other X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZO N E TOTA L PROPERTY AREA IN ZONE Widlh I'/. 2. A L/7 f'z • B / 0 ✓ 2 0 X 10 0 • . , , .. , . , . 131 500-11•00' '. 2. 2 7 Q_S .F. S .F. S .F. S.F. 77? sr '/ZS S .F. S.F •. 7V'" 'lo o S .F. S.F . 2Zo S.F. I i'o_ S .F. . ' 6 .o/ -J'i'o S .F. S.F . S .F. Jo S .F. '1789 S .F . /0 720 S .F. ¥>:'.6'.Z ¾ .,~✓ .I"'/ ,iY' ~ ..\. 1.=:---... I] / / CERTIFICATE OF SURVEY FOR RICHARD A. PUTNAM OF LOT 132, SPR~G PARK & PART OF VACATED LAKE SHORE AVENUE HENNEPIN COUNTY, MINNESOTA 7 / Existing / / /132 House Existing House , /Dec k/ ·~ ·• I ~ I ~ ; Existing House Garage 0 10 ~ €3.,X#f/SI/ A f2.e5DLU 'f/tJ~ 20 30 40 -~, Scale in Feet Existing Garage I I IG' /.,o· I . Bituh1inous /· I I /00. 37~(') ./ i '