HomeMy WebLinkAboutResolution 1726 � ` . .
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� RESOLUTION OF THE CITY COUNCIL
'�� ~ 1726
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' � � � A RESOLUTION DENYING A VARIANCE TO
MLJNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 �
FILE NO. 881
WHEREAS, Krutzig Custom Homes, . Inc., a Minnesota
corporation, (hereinafter "the Applicant" ) is owner of the
property located at 1629 Bohn's Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Tract A, Registered Land Survey No. 565, Hennepin County, �
Minnesota (hereinafter "Property" ) ; and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2,
� to permit the construction of decks, sidewalk, and driveway which
would increase the hardcover from 3 ,950 square feet or 21� to �
5,950 square feet or, 31.5� in the 75' to 250' setback zone where
only 25� or 4,725 square feet of hardcover is allowed; and ;
• WHEREAS , the City Council has considered this '
. application including the findings and recommendations of the
Planning Commission, reports by City staff, comments by the owner
and effect of the proposed variance on the health, safety and .
welfare of the community.
NOW, THEREFORE BE IT RESOLVED that the City Council of
Orono, Minnesota, hereby. �denies the application of Krutzig Custom
Homes , Inc. for a variance to Municipal Zoning Code Section
10.22 , Subdivision 2 for the property legally described above,
based on one or more of the following findings :
l. The Orono Planning Commission reviewed this application �
on November 19 , 1984 and recommended denial of the
application based on the following findings: �
a) Applicant was made fully aware by City staff of the
hardcover limitations on the property at the time of
application for a building permit.
b) The lot is substandard in area and width in the LR-
1B Zoning District in which it is located; however, the �
property is substantially large enough that it could be �
developed within the hardcover limitations.
• c) The additional hardcover requested is not necessary •
to preserve a substantial property right of the owner,
and the conditions leading to the need for a variance
were created by the applicant.
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RESOLUTION OF THE CITY COUNCIL
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• - • • d) The property currently accepts the natural flow of
' �' runoff from the surrounding properties and additional
hardcover will decrease its capacity for accepting this -
f l ow.
2. The Council finds that the proposed deck design, which
includes 5-1/2 inch decking with 1/2-inch spacing, underlain
by a level sand absorbtion layer of l2" thickness, with no
barrier layer between the sand and the underlying ground
surface , has been demonstrated by � applicant to be
sufficiently permeable in this instance so as to not be :
considered hardcover. �
3. The Council finds no undue hardships to the property
that justify granting a variance to the hardcover limitation
� of 4;725 square feet in the 75-250' setback zone.
FURTHERMORE, BE IT RESOLVED that the City Counci 1 of
Orono hereby approves the construction of deck, sidewalk, and
driveway improvements to the property subject to the following �
• conditions :
l. A permit for the proposed deck of 900 square feet in
area must be obtained prior to construction. The deck must
meet the following minimum design requirements: .
. a) Width of decking boards may range from no less than �
4" to no more than 8" in width.
b) Ratio of board width tq spacing width may be no
greater than 12:1 (8.33� open space). .
� c) A 1/2-inch high wood strip must be installed along �
the upper perimeter of the deck to prevent direct
runof f. �
d) A minimum of a 12-inch depth of sand must be pla�ced
under the entire area of the deck and extending
downward through any fill layers to the original soil '
surface.
e) The deck platform shall be no higher than 12" above '
finished grade, or if it is �higher, a suitable barrier •
must be placed between the deck and the ground surface
to prevent any access which would allow future place-
• ment of impermeable materials (plastic, concrete slab, .
etc. ) under the decic.
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9'��. , ` C�� of ORONO
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��:�� RESOLUTION OF THE CITY COUNCIL
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2. The applicant is placed on notice that the deck and the �
areas above and below it may never be covered with
impervious materials, enclosed, or in any way altered so as
to become hardcover, without the granting of a hardcover
variance by this or a future City Council.
.. 3. The sidewalk and driveway are limited in hardcover to a
. total of 775 square feet, and any porous pavement or other
� innovative surfacing methods proposed to be used in order to :
_ exceed this amount are subject to review by the City.
4. 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.
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.5. 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 on this llth day of
February, 1985.
ATT T:
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Dorothy M Hallin, City Clerk Mary C. Bu , ayor
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C��� 2��1
1 ) Property Own
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STATE OF MINNESOTA ) '
) ss .
COUNTY OF HENNEPIN ) • �
On this �s�{ ` day of ��A�2-� _ , 19F5 , before me a Notary
Public within and for said County, personally appeared
' r�v��-�l�_�1_-I�rZJ� • 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 . . •
� .�» MICHAEL P. GAFFRON
;��� NOTARYPUBLIC-MINNESOTA NO ARY PUBLIC �' � .
�9f� ' HENNEPIN COUNTY
,.:•' My Commission Expires.lune 11,1987
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_ MY COMMISSION XPIRES
STATE OF MINNESnTA )
) ss . - �
COUNTY OF HENNEPIN ) - �
- On this � day of , 1985 , 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
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed . �
NOTARY PUBLIC � '
' ' MY COMMISSION EXPIRES
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