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HomeMy WebLinkAboutResolution 1734 ... �- . �� - ��-�����' \ � Ci.t of ORONO � �.=..: 1 �' o � . . :�'^��� , ��.� � RESOWTION OF�THE CITY COUNCIL zf , . . ��y�' � � � NO: 1734 ���kr` • �:: �� � . � � A RESOLQTION GRANTING A VARIANCE TO ��,�,,�- , , MUNICIPAL ZONING CODE SECTION i0.22, SUBDIVISION 2 AND SECTION 10.25, SUBDIVISION 6 (b) - FILE �892 � WHEREAS, Thomas O. Mortenson (hereinafter "the applicant" ) is owner of the property located at 1971 Fagerness Point Road within the City of Orono (hereinafter "City" ) and legally described as follows: Lot 6 , Fagerness, 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 allow the construction of an addition to his existing house which will increase the hardcover in the 75-250 ' lakeshore setback zone to 30� where only 25� hardcoverisallowed, and a variance to Section10 .25 , Subdivision 6 (B) to locate the structure 24 ' from the rear lot line cahere a 30 ' setback is normally required. � . • NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: . FINDINGS 1. This application was reviewed as zoning file #892 . 2. The property is located in the LR-1C Sinqle Family . Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 19 , 1985, and recommended approval of the proposed variances as amended, allowing a maximum of 30$ hardcover in the 75-250 ' zone rather than the 32 .1� originally proposed, based upon the following findings : a) The existing house is located par�ly within the 0-75 ' setback zone and partly within the 75-250 ' zone. b) The proposed removal of an existing sidewalk will decrease hardcover in the 0-75 ' zone from 13 . 2� to � 12.6� . c) The proposal will result in the removal of the existing non-conforming detached garage which is located partially on the neighboring property and • partially on City right-of-way. page 1 of 5 � � ' ri�,�j`\�ti'?! . . ��, ��� Cit� of ORONO :� � � • � - �`����-:� RESOWTION OF THE CITY COUNCIL �.H.�..^.� . . � NO: 1734 '`N• . "�"+.'� � , d) Relocating the garage entrance to a point 24 feet •_�;>�, from the street right-of-way will result in a safer access for the garage. e) The topography of the lot makes the relocation of the � garage feasible only with alterations in grade on the � east side of the house. � f ) The property is severely limited by the existing lot size and the existence of lakeshore subject to the pertinent regulations on two sides of the property. 4. The applicant has revised his original proposal in accordance with the Planning Commi�ssion recommendation of a maximum allowance of 30� hardcover in the 75-250 ' setback zone, and has provided suitable landscape and drainage plans � for the project. - 5 . The 12 ' x 12 ' deck can be considered as non-hardcover if � it meets the specific design standards for slat-spacing and �� ground surface treatment, and will reduce the proposed •� hardcover to 1, 341 square feet or 27�. 6 . 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. 7 . The City Council finds that the conditions existing on . this prope�ty 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 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 PTan 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 2 to allow the construction of an addition and attached . garage with driveway, sidewalks, retaining walls and non-hardcover design deck which will increase the hardcover to 1,341 square feet or ; 27� in the 75-250 ' lakeshore setback zone where 25� hardcover is � normally allowed, and a variance to Section 10. 25, Subdivision 6 (B) to allow a street �setback of 24 ' instead of the 30 ' setback normally required, subject to the following conditions : = nano � �f � � l� � �,` ��` � . . - . . � �� -� Ci.t� of ORONO � • � �R�: ��: � ' �` � � RESOLUTION OF THE CITY COUNCIL ' - . NO: 1734 - �� � . ;r. � � ,� ° � , >.:.,�:,,; �� l. The existing garage must be razed and final grading and P� � �� lawn restoration (seeding or sodding) of the garage site must be completed prior to final inspection of the addition. � 2. The total improvement of the property is limited to 1,341 square feet of hardcover in the 75-250 ' setback zone, or a 103 square foot hardcover variance; and limited to the existing hardcover in the 0-75 ' zone of 711 square feet subject to the removal of 30 square feet of existing flagstone sidewalk, resulting in a net increase of hardcover in the 0-75 ' zone of 0. 6�. 3. The 12' x 12 ' 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 to 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 di�rect runoff, except where railing will not be installed. d) A minimum of a 12-inch depth of sand must be placed 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, suitable barrier must be • placed between the deck and the ground surface to prevent any access which would allow future placement of impermeable � materials (plastic, concrete slab, etc. ) under the deck. f ) 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. � � 4. The owner of the property is hereby advised that the City , will not approve any future improvements that result in � additional hardcover and that if such improvements are proposed that they be counter balanced with the removal of � • existing hardcover. page 3 of 5 � ' " � ' • � ,y . , � . . :- ;=.. c�t o� oR,oNo a�z �. � • f � . ��`��" � RESOLUTION OF THE CITY COUNCIL 1 -r. ,. $.�., „ . ', . . . ,� �-. � ' NO. 1734 • � - . � �'• • � 5 . The planter boxes created by the retaining walls must be � �` "'� � underlain only by permeable materials to ensure that they do not become hardcover. . 6 . Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 11, 1986 ) . , 7 . Violation of or non-compliance with any of the terms and � conditions of this variance shall constitute a violation of the zoning code., shall automatically terminate any authority , granted herein, and shall be punishable as a misdemeanor. 8 .. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in .the chain of title of the property. . • Adopted by the City Council of the City of Orono on this llth day pf March, 1985. � i ATT ST: `�\ � \ �J Do othy M Hallin, City Clerk Mary C. u ler, Mayor ��-�.�e., . (1 ) Property Owner Spouse (2 ) Property Owner � Spouse (3 ) Property Owner Spouse • � • : page 4 of 5 � . ,. • , r.;''-;;oii �- ` • . :���� . Clt� o� ORONO �����_a� � . . . • . � . :�:��,,,_ . ,,,.r._ . RESOLUTION, OF�THE CITY COUNCIL . r": � � NO: 1734 . . .-4_..;� . • . . ��4 s,i��• . • �� �� � , . . . . . . STAT� OF AIINNESOTA ) � . ) ss. COUNTY OF HENNEPIN ) ; . . 0 n t h i s _1�_ d a y o f _1����� ----' 19 8 5 before me a Notary Public within and for said county, personally � appeared �{.��,�,q� �,�/fpie����.,� known to me to be - the person(s ) described in and who executed the foregoing � instrument, and acknowledqed that he (they) executed the same as his (their) free act and deed. . .�. . � GAFFR�N ��-il`Q � � {�IIICHA�BP�.MINNE$O?A � ,s�'"`• NojAa G�UNTY NOTARY PUBLIC � � � HENNEpIN tres�unel�,�sa7 � . My pommfssion Exp . _ ��'` . � S v�' � 9�7 � . . I�1Y COMMIS ION EXPIRES � ' � STATE OF MINNESOTA ) � . )ss. � COUNTY OF HENNEPIN ) � � . � On this � � � day of �"�l�-�P- , 1985, before me a Notary Public within and for � said County, personally appeared _.��1 cLEi�4 z.�pR��SosJ � � k n ow n t o m e t o b e t h e person(s) described in and who executed the foregoinginstrument, and acknowledged that he ( they ) executed the same as his (their ) free act and deed . . � : N �'""' � � � O R NOTARY PUBLIC � AE�p.GM NNEgOTA s�� NOC RY PUBI.IC' • . s � . t{ENNEP�N i O�V��Y��'�� • � _ -"'"� � . - MY r+Omrt'ission���,t�^^" "'�'.�� .�.f u,..� >I ���7 MY COMMISS ON EXPIRES page 5 of 5 � .