HomeMy WebLinkAboutResolution 1820 (Torrens - not filed) �;�a
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� City of ORO1�0
• � RESOLUTION OF�THE CITY COUNCIL
� � NO. 1820
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A RESOLIITION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION -10.22, SUBDIVISION 2
FILE'#876
WHEREAS, Randy Asplund (hereinafter "the applicant") i.s
the owner of the property located at 3424 Eastlake Street within
the City of Orono (hereinafter "City" ) and I.egall.y described as .
follows:
Lot 3, Block l, Bayside Beach (hereinafter "property" ) ; and
WHEREAS, the applicant has applied to the City for a
' variance to Municipal Zoning Code Sectian �0.22, Subdivision 2 to �
permit the construction of a patio, second story screen porch,
sidewalks, and driveway with backup apron which increase the
hardcover in the 75-250 foot lakeshor. e setback zone to 3 ,572
• square feet or 31.7� where only 2,818 square feet or 25� would �
normally be allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono., Minnesota: ,
- FINDINGS
l. This application was reviewed as Zoning Fil.e #876.
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on July 17, 1985, and recommended approval of the proposed
variances based upon the following findings:
A) . The applicant installed the sidewalks, driveway,
and backup apron prior to the issuance of a Certificate
of Occupancy f or the home.
B) The applicant should have been aware of the
. hardcover restrictions to this property. •
C) The Council on May 28 , 1985 approved �tesolution
� 1768 requiring removal of the concrete patio� which was
constructed il.legally in the 0-75' setback zone.
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� ' RESOLUTION OF THE CITY COUNCIL
� � NO. 1820 � .
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D) The property is se�erely restricted due to the Iot
� size of only 0.4 acre in the 2-acre zoning district,
and in that more than 1/3 of the property lies within
75 feet of the lakeshore. �
E) It would be appropriate to recommend to the Councii
that the plastic-underlain rock beds be made non-
hardcover by removal or replacement of the plastic; �
that the driveway backup apron be removed as it is not
needed to avoid backing onto a street; and that any
additional patio or screen porch on the lake side in
the 75-250' zone be traded off with existing hardcover �
on that side of the house.
� 4. The Council recognizes that it was preferabie, from the �
� standpoint of preserving or improving the water quality of
Stubbs Bay, to create the Bayside Beach lots in place of
allowing continued use of the property as a marina. The �.
.. Council recognizes that wheri the City created this Iot and
th,e other Iots within the Bayside Beach Subdivision, a
number of hardships were also created, due to the smal.I lot
; sizes and the dedication�of land for an outlot to serve as .
' access and for the septic system drainfields. '
. 5. The Ci�y issued a building permit for the property in
, � spite' of the fact that the house would take up most of the
� allowed 75-250' hardcover on the property.
6. From a development standpoint, the property is too low
for a basement to be feasible, which� necessitates a larger
� structure above ground. �
' 7. The driveway backup apron has value from a safety
� standpoint and should be allowed to remain. �
8. The sidewalks and proposed 10'x10' patio and screen
porch in the 75-250' setback zone provide amenities which
_ add to the livabil�ity of the property while contributing .
only slightly to the hardcover percentage.
9 . The City Council has considered this applicatiori
. including the findings and recommendatrons 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.
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• RESOLUTION OF THE CITY COUNCIL
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10. 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 neigh-
boring 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 sub-
stantial property right of the applicant; and would be in
keeping with the spirit and intent of the Zoning Code and
Comprehensive Pl.an of the City.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon the above f indings, the Orono City Counci 1
hereby grants a variance to Municipal Zoning Code Section 10.22,
• Subdivision 2 to permit the construction of a patio, second story
screen porch, sidewalks and driveway with backup apron which
increase the hardcover in the 75-250' setback zone to 3,572
square feet or 31.7�, subject to the fol lowing conditions:
1. Per the directive of Resolution 1768, adopted by the
Council on May 28, 1985, the concrete patio in the 0-75'
setback area shall. be removed, by September 30, 1985, except
for the corner section comprising approximately 5 square
feet in the 0-75' zone (see Exhibit A).
2. The aspha3.t driveway backup apron of 18'x16' is allowed
to remain in place.
3. The sidewalk sections and portion of patio in the 75-
` 250 ' setback zone are allowed to remain in place.
4. A 10'x10' second story screen porch with patio directly
underneath is allowed at the location shown in Exhibit A.
5. The applicant shall remove the plastic underlying the
rock beds on the property, and may replace with a permeable
fabric or other non-hardcover material.
6. Based on the above conditions, the following hardcover
areas are approved for this property:
• (0-75' Lot Area = 6, 900 s.f. ) (75-250' Lot Area = 11,270 s.f.)
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City of ORO1�0
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1820
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0-75' zone: approximately 5 square feet allowed (triangular
portion of existing patio section). This is less than one-
tenth of one percent hardcover.
75-250 ' zone: � �
House � 2,033 s.f.
Front Sidewalk & Stoop 143 s.f.
Driveway 878 s.f.
Backup Apron 288 s.f.
Lak�side Sidewalk & Portion
, of Patio in 75-250 ' 130 s.f.
10 'x10 ' �atio/Screen Porch 100 s.f.
Total Allowed Hardcover
75-250 ' = 3,572 s.f. or 31.7�
7. The totai improvement of the property is limited to
3,572 square feet of hardcover or a 754 square foot hard- �
cover variance and the owner of the property is hereby
advised that the City will not approve any future improve-
• ments are proposed that they be counter balanced with the .
removal of existing hardcover.
8. 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 y�ear of the date of Council approval , or this
' variance wii� expire on� that date {August 12, 1986). . �
, 9. 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 pu.nishable as a misdemeanor.
10. 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 12th day of
Augus ;', 1985.
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ATTES :
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0 oth allin City Cler . ary C. B er, M yor
1 + � •
opert ner
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� � _ � RESOLUTION OF THE CITY COUNCIL
�� , NO. I820 � .
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STATE OF MINNESOTA ) '
) ss. .
COUNTY OF HENNEPIN ) ' ,
On this � day of ��°���� � , 1985
before me a Notary Publi within and for said county, personally. .
appeared �yt1D�1 �P,L�t/u� " 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.
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�..:::� i
�. MICHAEL P,
� ��'�—" � NotaRy a�eLrc GAFFRON
`� � HENNEPIN MINNESOTq NOTARY PUBLIC :
• �"' �'►Y Commisston COUNTY� .
�Plres June 11,1387
c�,o. � .
. . � _ J uN� /� /9�'7 � . �
�' . MY COMMISSION EXPIRES
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STATE OF MINNESOTA )
. . )ss. � ..
COUNTY OF HENNEPIN )
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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 foregoinginstrument,
and acknowledged that he (they ) executed the same as his �
(their) free act and deed. ' � .
. NOTARY PUBLIC
�+ . . MY COMMISSION EXPIRES
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