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Home My WebLink About#1129 Resolution 2172I '• 11'' City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 21 72 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2 AND SECTION 10.55, SUBDIVISION 8 FILE 11129 WHEREAS, Todd Waters .(hereinafter "the applicant") is the owner of the property located at 3061 Casco Point Road within the City of Orono (hereinafter "City") and legally described as fol lows: (Exhibit A attached), (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to reconstruct existing residence and construct a new deck within the 0-75' lakeshore setback zone, constituting hardcover, structure, and average setback encroachment in that setback zone where no hardcover, structure, or average setback encroachment are normally allowed; and to construct an addition to such residence that will increase the hardcover in the 75-250' lakeshore setback zone above the 25% hardcover level normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1129. 2. The property is located in the LR-lC Single Family Lakeshore Residential District. 3. The Orono Planning Commission reviewed this application on April 20, 1987, and recommended approval of the proposed variance based upon the following findings: A) The applicant intends to construct a new foundation under the existing structure, hence he has the opportunity to move the house back from the lake a short distance. B) The proposed deck is to be 8' in width. Moving the entire house and deck back 8' from the existing location will result in no new encroachment into the average lakeshore setback, will result in no additional 0-75' hardcover, and may actually decrease the 0-75' hardcover. Page 1 of 4 , r: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2172 C) As a result of moving the house, the 75-250' hardcover will be increased to 33.1% where only 25% is normally allowed. This can be justified by the fact that the majority of drainage in the 75-250' zone does not flow toward the lake but is held in the basin area east of the house. D) The view encroachment caused by the proposed porch at the south end of the house is .minimal. The effected neighbor to the south has submitted a letter of non-objection to the project. E) The relocation of the municipal sewer line is feasible and will not cause any problems for the municipal sewer system. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, re .ports by City staff, comments by the applicant and the ef feet of the proposed variance on the health, safety and welfare of the community. 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 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 applicant, but is necessary to alleviate a demon strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with ~he 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 a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to reconstruct existing residence and construct a new deck within the 0-75' lakeshore setback zone, constituting hardcover, structure, and average setback encroachment in that setback zone where no hardcover, structures, or average setback encroachment are normally allowed; and to construct an addition to such residence that will increase the hardcover in the 75-250' lakeshore setback zone above the 25% hardcover level normally allowed, subject to the following conditions: 1. The existing house shall be moved 8 1 eastward from its present location, and all proposed additions, including porch, deck, attached garage, and room additions, shall be similarly moved 8' eastward from the proposed site plan, resulting in a maximum house encroachment into the 75' setback zone of 8' and a maximum deck encroachment into that zone of 16'. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2172 2. Hardcover in 0-75' setback zone shall not exceed 7.1% or 542 s.f. Hardcover in the 75-250' setback zone shall not exceed 33.1% or 5,910 s.f. Applicant is advised that no additional hardcover will be approved and that any future proposa 1 s to increase hardcover on the property might be approved only with concurrent removals of equivalent amounts of existing hardcover so that there is no net increase in hardcover percentage. 3. The municipal sewer line may be relopated by applicant's contractor at applicant's expense upon plan approval by the City Engineer and Public Works Coordinator. Applicant shall provide plans for such work prior to issuance of the building permit. Applicant shall grant a 10' easement either side of the relocated sewer line. Applicant shall be responsible for obtaining a similar easement for the City from the affected neighboring property owners. Such easements shall be granted prior to issuance of building permits for the residence. 4. Applicant shall provide a revised survey/site plan with the final proposed house location prior to issuance of a building permit. 5. Authorities granted with this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 11, 1988). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitu~e a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. 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 Orono City Council on this 11th day of May, 1987. ~J-~ ~~,~-~ Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 2_1_7_2 ___ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ~')-0 day of (n a_a , 1987 before me a ~ry Public within and for sa county, personally appeared ~dd kJa....krs, 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. e THERESA L NAAB NDrARY PUIUO • MINNESOTA HENNEPI N C OUNTY It; 80lll>1lll ■lan -,,trn 9-8-92 STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) NOTARY PUBLIC MY COMMISSION EXPIRES On this d g -~ day of n11~ , 1987 , before me a Notary Public within and for said unty, personally appeared _j).O y is. -:r. VVl QI, '+or -va..1fArs. known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. •• . I,. NAAB • MINNESOTA CO UNTY --9-8-92 NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 . . . ·I - LEGAL DESCRIPTION A track of land.in Section 20, Township 117, Range 23, according to United States Government Survey thereof, described· as follows: Beginning at_the most northerly corner of Lot 54 in Spring Park, thence westerly in a straight line through a nt which is _located 15 feet due north from the northwest corner of Lot 52 in said Spring Park, extended to the shore of Lake Minnetonka; thence in a northerly direction along the shore of said lake to the intersection of said shore line with a line drawn parallel with ~nd 100 feet northerly, measured at a right angle, from the first above described course of this descriptiOR;·thence easterly parallel wi~h and ioo.feet at right angles northerly from said first above described course, and its eJCtlftsion, to a point in the center line of .Heated Ivy Place in said pl at of Spring Park, said center tine being a line parallel with and 25 feet at right angles' northwesterly from-the northwesterly line of Lot 56 in said Spring Parle; thence southwesterly parallel with and 25 feet··at right angles northwesterly from.the northwesterly lines of Lots 56 and 55 in Spring Park, said parallel line being the center line of said vacated Ivy Place to the intersection of said center line with the southwesterly line of Lot 55~ as extended; thence southeasterly along said_ extended southwesterly line of Lot 55 to the point of beginning. · -~ The southerly line of said tract being marked by two Judicial Landmarks placed at each end of said line. ~ l:rj l:rj :x: Cl) ::r1 OH t-t ttJ CH 88 H o::i:,,i z z 0 . N ...... --.) N 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 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 May 11 , 19 87 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 28th , day of ---~-+'-----------' 19 87 • (SEAL) , I j POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. WAYNE G.POPHAM RAYMOND A. HAIK ROGER W.SCHNOBRICH DENVER KAUFMAN ROBERT A, MINISH ROLFE A, WORDEN G, MARC WHITEHEAD BRUCE D,WILLIS FREDERICK S, RICHARDS G, ROBERT JOHNSON GARY R,MACOMBER ROBERTS, BURK HUGH V, PLUNKETT,111 F'REDERICK C. BROWN THOMAS K. BERG JAMES R,STEILEN JAMES B, LOCKHART ALLEN W. HINDERAKER CLIFFORD M,GREENE D, WILLIAM KAUFMAN MICHAEL O. FREEMAN HOWARD SAM MYERS,111 LARRY D. ES PEL JANIE S,MAYERON THOMAS J, BARRETT JAM ES A, PAYNE DAVID A.JONES LEE E,SHEEHY ALAIN FRECON PATRICIA A. JENSEN LESLIE GILLETTE MICHAEL T. NILAN ROBERT H. LYNN THOMAS M, SIPKINS ROBERT C. MOILANEN THOMAS F. NELSON THOMAS J. RADIO DAVID L, HASH MALL KATHLEEN M,MARTIN JOHN C.CH!LDS DOUGLAS P. SEATON THOMAS E. SANN ER Ms. Jeanne Mabusth City of Orono P.O. Box 66 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA S5402 TELEPHONE 612-333-4800 TELECOPIER 612-334-2713 SUITE 2400 1200 SEVENTEENTH STREET DENVER,COLORADO 80202 TELEPHONE 303-893-1200 TELECOPIER 303-893-2194 SUITE 300 SOUTH 1800 M STREET, N,W, WASHINGTON, D, C, 20036 TELEPHONE 202-828-5300 TELECOPIER 202-828-5318 DIRECT DIAL NUMBER 334-2549 RICHARD A. KAPLAN BRUCE B, MCPHEETERS GARY D. BLACKFORD SCOTT E, RICHTER PAUL J, LINSTROTH SCOTT A, SM 1TH ELIZABETH A. THOMPSON KEITH J, HALLELAN D MARK B. PETERSON D, RANDALL BOYER BRIAN N, JOHNSON Tl MOT HY W. KUCK CAROL B, SWANSON BRUCE A, PETERSON JULIE A.SWEITZER THOMAS C,MIELENHAUSEN KATHLEEN A, BLATZ MICHAEL D,CHRISTENSON J. MICHAEL SCHWARTZ LARAYE M.OSBORNE September 2, 1987 TODD M.JoHNSON Crystal Bay, MN 55323 Dear Jeanne: JEFFREY P, CAIRNS LOUIS P,SMITH FRANCIS J. CONNOLLY BRUCE H. LITTLE MARK F, PALMA RUSSELLS, PONESSA BRYAN L, CRAWFORD DAVID K. RYDEN MATTHEW E. DAMON JOHN W. PROVO GREGORY G. BROOKER WILLIAM M. OJILE, JR. TERRANCE A. COSTELLO JOSEPH D, VASS BRIAN W. OHM STEVEN A, CHELESNIK GREGORY G, SCOTT SHARON N. FULLMER OF COUNSEL FRED L, MORRISON Enclosed and listed below are filed in the chain of title because torrens properties. variances which cannot they are registered as be Name Smith's Bay Marina, Inc. Waters, T. Kelly/Shaughnessy Resolution No. 2194 2172 2048 me or If you have any questions, please my secretary, Joyce Pedersen at feel free 334-2736. Very truly yours, to call -~/f0u_74t~~/~ EH/jlp/3328 Enclosures Nancy E. Husnik Legal Assistant either