HomeMy WebLinkAboutResolution 3353 ` �; , . _ . . - _ : .
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O :. . O CITY of ORONO
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� �� ' RESOLUTION O� �C�TY COUNCIL
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A RESOLUTION GRANTING AFTER-THE-FACT
' VARIANCES TO MUNICIPAL ZONING CODE _
SECTION 10.22, SUBDIVISION 2;
. SECTION 10.56, SUBDIVISION 16 (L); �
AND SECTION 10.24, SUBDIVISION 5 (B) . �
FILE #1879 �
WHEREAS, Allen and Kathleen Bakke (hereinafter "the applicants") are owners
of the property located at 1127 Loma Linda Avenue within the City of Orono (hereinafter
"City") and legally described as follows:
All of Lot 22 and that part of Lot 29 lying south of the north 100' thereof as measured
• along, the east and west lines of said Lot 29, and the east two-fifths of Lot 21 as
measured along the north and south lines thereof, and the east two-fifths as measured
along the north and south lines thereof of that part of that part of Lot 30 lying south of
the north 100' thereof as measured along the east and west lines of said Lot 30, "Loma.
Linda", Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the Ciry for after-the-fact variances
to Municipal�Zoning Code Section 10.22, Subdivision 2 and.Section 10.56, Subdivision 16 (L)
to permit hardcover in the 250-500' setback zone exceeding the 30% allowed hardcover, and an
after-the-fact variance to Section 10.24, Subdivision 5 (B) to allow encroachment of a deck
within 2' of a side lot line where a 10' side yard setback is normally required for such
structures.
� �� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
� FINDINGS . �
� 1. This application was reviewed as Zoning File #1879. '
2. The properry is located within the LR-1B, Single Family Lakeshore Residential
� Zoning District. � � . •
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O ;. . O CITY of ORONO
• � �:��=' , RESOLUTION OF THE CITY COUNCIL
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3. The Orono Planning Commission reviewed this application on October 18, 1993,
and recommended approval of the after-the-fact variances subject to specific
hardcover removal requirements, . based upon the following findings:
� A. The applicants' statement of hardship.and unusual property conditions
indicate that the angle of the house in relation to the lot lines,creates poor
accessibility to the rear of the lot, necessitating the deck:
. � B. The deck as it exists today has been in place for eight years. �
C. Hardcover prior to the cieck installation was approximately 32%, now is
approximately 35%, all in the 250-500' zone. There is an area of the
driveway backup apron which can be removed to reduce hardcover on the
property by approximately 2%.
• D. Applicants' fence encroachment 2' over the rear� lot line should be
eliminated, and the storage shed located in the front yard where no storage
� shed would normally be allowed, should be removed.
E. Applicants apparently conversed witYi the Building Inspector at the time
of the construction, and for unknown reasons no permit or variance
applications were made at that time. �
4. The deck is an encroachment on the side setback requirement because its railing
extends above the ground floor level of the residence. Portions of the deck are
at an elevation that requires a railing per the building code. If the deck was
lowered and the railing removed, there would be no need for a variance.
However, age of the deck and its railing height no higher than the height that a .
fence could be in the side yard, suggests that the encroachment has a minimal
impact on the neighboring properties, especially since that deck is near the rear
corners of the two nearest neighboring properties. �
. 5. The City Council has considered this application including the fmdings and
recommendations of the Planning Commission, reports by Ciry staff, comments
. � by the applicants and the effect of the proposed variance on the health, safety and
� welfare of the community.
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� � � � CITY of ORONO
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• b � RESOLUTIUN OF TI� CITY COUNCIL
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6. 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 variance 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 difficulry; 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 the above fmdings, the Orono Ciry Council hereby grants after-the-
fact variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision
16 (L) to allow 33.2% hardcover in the 250-500' zone where only 30% hardcover is normally
• allowed, and an after-the-fact variance to Section 10.24, Subdivision 5 (B) to allow a side yard
deck setback of 2' where a 10' side yard setback is normally required, subject to the following
conditions:
l. Hardcover on the property is limited to 33.2% of the lot area as shown on the
. sketch on page 6 of this resolution. Hardcover removals required to biing the
property into compliance with this requirement are 'indicated on said sketch, and
such removals shall be completed within thirty days of the date of this resolution.
The property owners and all future property owners are advised that this property
is at its hardcover limit, and any future proposals to add or revise hardcover on
the property will require City approval, and might be approved only in
conjunction with concurrent removals of existing hardcover resulting in no net
increase of hazdcover on the property.
2. The storage shed located in the front yard shall be removed from the property
upon applicants' sale of the property but in any case shall be removed no later
than June 1, 1994 as agreed to by the applicants. � �
3. Applicants shall obtain an after-the-fact building permit (double permit fee) and �
shall pay the $175.00 after-the-fact investigation fee for this variance application.
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O :. O . �I�Y of ORONO
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�':�'=' RESOLUTION OF TI� CITY COUNCIL
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4. Applicants shall eliminate the encroachment of the fence into the neighboring
� property to the rear, within thirty.days of the date of this resolution.
• 5. Authorities granted by this variance run with the property not with the owner, but
are permissive only and must be exercised by application for an after-the=fact
building permit within thirty days of the date of Council approval. Further, all
terms of this resolution must be complied with no later than one year from the
date of Council approval, or this variance will expire on that date (November 8, �
' 1994).
6. 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.
• 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 on this 8tti day of November, 1993.
A T ST: . �
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Dorothy M. in, City Cl;er dward J. Ca an, Jr., Mayor
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Property�Owner(s) � �
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. . � O� .
. O O CITY of ORONO
� . `� ;a�=� . RESOLUTION OF THE CITY COUNCIL
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,�, � ^ b�,� ti No. 3 3 � �:�
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STATE OF MINNESOTA ) � � �
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� COUNTY OF HENNEPIN ) �
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' � � The foregoing instrument was acknowledged before me on this 8th day of
. November, 1993, by Edward J. Callahan, Jr. &Dorothy M. Hallin, Mayor & City Clerk of the
� City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City. .
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,
ot ry Public
� LINDA S. VEE
�,f NOTARY PUBUC - MINNESOTA
� . HE�INEPIN COUNTY
, � My commission expires &12-96 .
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. • �seTaacx zane:'(c[ac�oee) 0-15' 75-SO' 250-50 ' S00-1000' _
� � � . � . . . . . . , • EXI57IlIG HAHOCOVE+� IH ZONE • � - � - ' ; �
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�- � O� �
. O :. O . CITY of ORONO
' • �;��=� RE$OLUTION OF THE CITY CQUNCIL
' � ,.,3 :;� � NO. � e� c� c� �
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STATE OF MINNESOTA ) � � �
� ) ss.
COUNTY OF HENNEPIN )
On this �� day of o r/�er�'r fi�e� , 199� before me a Notary
P u b lic wi t hinan d for sai d county,personally appeared �� . B� ke �,�,'P
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
' � � 2��c.. � (/��
NOTARY PUBLIC - MINNESOTA NOTARY PUBLIC �
• ' � HENNEPIN COUNTY
My commisslon expires 8-12-98
STATE OF MINNESOTA )
� ) ss. �
COUNTY OF HENNEPIN ) .
On this /(')ft�► day of Pr , 199 3 before me a Notary
. Public within and for said county,personally appeared YJ�'r i 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. '
� � NOTARY PUBLIC .
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