HomeMy WebLinkAboutResolution 1837 (Torrens - not filed) �.
� ' • :k:;':i,r.
�F.�
� :.� � � Clt� Of �I�,�l��
?J Y
• RESOLUTION OF THE CITY COUNCIL
`,+'" ..� NO. 18 3 7
:�
, • ' • Y •� '
:�::��� -
A RESOLUTION GRANTING
A VARIANCE TO
MLiNICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 2
FILE #876
WHEREAS, Dean & Nancy Monge (hereinafter "the appli-
cant") are owners of the property located at 3444 Eastlake Street
within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 2, Block 1, Bayside Beach (hereinafter "property"); and
WHEREAS, the app 1 i cant has app 1 ied to the City f or a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit the construction of a patio located less than 75 feet from
the Iakeshore, where no structures or hardcover are normally
allowed.
• NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #876.
2. The property is Iocated in the LR-lA Zoning District.
3. The Orono Planning Commission reviewed this application
on July 15, 1985, and recommended partial approval of the
proposed variance based upon the following findings and
conditions:
A) The original applicant, Randy Asplund, constructed
the concrete patio within the 75' setback area without
consulting the City to determine whether such a
structure was al Iowed. .
B) The new owners, the Monges, purchased the property
from Asplund after the patio was constructed and were
not notified by Asplund that the patio might have to be
removed.
C) The existing patio is located totally within the 0-
� 75' lakeshore setback area, and with the adjacent side-
walks in the 0-75' setback area constitutes approxi-
mately 489 square feet of hardcover or 7.5g.
Page 1 of 5
I
,
` t
� ;
�rYS �1
�~ � (�lt� O� 0�,���
�•�; � ; ��.
��,�� F�
• � ' RESOLUTION OF THE CITY COUNCIL
�. ;� NO. 1837 �
�`.
• ' • • �
Ly`�i..a' "n{�
D) Planning Commission recommended that a partial
variance be granted. The sidewalk between the patio
and the Iake should be removed, leaving 318 square feet
of hardcover or 4.9� in the 0-75' setback area. .
4. The City Council reviewed this application on July 22,
1985, and August 12, 1985 and made the following additional
findings:
A) The applicants have not shown an adequate hardship
to justify the granting of a variance to allow the
existing excessive amounts of hardcover to remain in
the 0 -75 ' setback area , because this is new
construction and with proper planning the need for a
variance could have been avoided.
B) The applicants do have a hardship based on the
• small lot size (0.38 acre in a 2-acre zone) , which
unusually small lakeshore lot was allowed by the City
to be created in order to reduce the intense use of
Stubbs Bay by the marina which previously occupied the
property.
C) The remainder of the property, in the 75-250'
lakeshore setback zone, contains only the driveway,
sidewalks and house as hardcover, constituting 3,869
squa're feet or 38.7� hardcover. This amount of hard-
cover, although exceeding the normal Iimits, is neces-
sary to the safe and reasonable use of the property.
D) The applicants have submitted an alternate proposal
for a patio which encroaches only 5' into the 0-75'
lakeshore setback area, and after removal of the
existing patio and portion of sidewalk between the
existing patio and the Iake, consti:tutes approximately
110 square feet of hardcover in the 0-75' setback area,
or 1.7$, and will increase the 75-250' hardcover by 125
square feet, or up to 4,018 square feet or 40.0�.
5. The City Council has considered this app3.ication
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.
Page 2 of 5
�
,�>>°K`�r�;;>,.
� , `�`� Ci.ty of O1�,01�0
�l� , . :�,;
• _ RESOLUTION OF THE CITY COUNCIL
�4`�,� _: NO. 1837 �
�
� • � � •,-:
• `'` •'°=: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,
Iight , 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 pre-
serve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the �City.
CONCLIISIONS, ORDER AND COI�3DITIONS
Based upon the above f indings, the Orono City Counci I
hereby grants a variance to the Municipal Zaning Code Section
10.22, Subdivision 2 to permit the construction of a patio to be
' located partically within the 0-75 foot lakeshore setback zone
where no structures or hardcover are normally all.owed subject to
the fol lowing conditions:
• l. Per the directive of Resolution 1768, adopted by the
Council on May 28, 1985, the existing concrete patio in the
0-75' lakeshore setback zone, and the existing concrete
sidewalk between said patio and the lake, shall be removed
by September 30, 1985.
2. A new patio of dimensions 12'x18' which encroaches 5'
into the 0-75' lakeshore setback zone, is hereby allowed to
be constructed, incorporating the existing portion of
sidewalk �between the house and the existing patio.
3. Based on the above conditions, the following hardcover
areas are approved for this property:
(0-75 ' Lot Area - 6,550 s.f. ) (75-250 ' Lot Area - 10,050 s.f. )
0-75' Zone: approximately 110 s.f. allowed, including
5'x18' patio portion and 20 s.f. existing s�idewalk area,
constituting in total 1.7� hardcover.
75-250 ' Zone:
House and Garage 2, 335 s.f. �
Driveway 1,072 s.f.
Back-up Pad . 270 s.f.
' Sidewalk and Stoop 192 s.f.
• Patio Portion and
Sidewalk 125 s.f.
Existing Sidewalk at
. Rear of House 24 s.f.
4,018 s.f. or 40. 0�
� � Page 3 of 5
. '
.. ;�:�
`:� ��r
' � ��� Clt� of ORO1�0
& �f
�s� �� ��:���,.
:.
� �;�:-; `=,� .,,,
� K��� "�y�' t �: RESOLUTION OF�THE CITY COUNCIL
��,�,�� �� x.
,r��;�� � NO. 1837
� ydk��-.
�"''`
:�• - . � . �
�,.
4. The total improvement of the property is limited to the
hardcover amounts described in #3 above, and the owner of
the property is hereby advised that the City will not ap-
prove any future improvements which increase hardcover, and
if such improvements are proposed they might be approved
only with concurrent removals of existing hardcover.
5. 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 (August 26, 1986 ) .
6. Violation of or non-compliance with any of the terms and
conditions of this variance shal I constitute a violation of
the zoning code, shal 1 automatically terminate any authority
• granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicant has read, understood and here-
� by agrees to the terms of this resol.ution 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 26th day of
August, -1985. '
AT F��ST: �
�
� � � �
.
rothy M allin, City Clerk Mary C. B t er, Mayor
�� � ��
( Property Owner
•
Page 4 of 5
<< ,
.
a Z O
���s� � Cit� of OROl�
�,s "' k�"`
ti �1#
. "''�`
�i�� > •�
• ���:' ` �`��h E �` RESOWTION OF THE CITY COUNCIL
���������` NO. 13 8 7 �
� ,�:
.,�;:
� • ' • • _; .
.r
>.'1`�a�:.:j;_...� �
ST d'F MINNESOTA )
) ss. .
COUNTY OF HENNEPIN ) , ,
�I'L,
On this 2g day of [�1��ilS� , 1985
before me a Notary Public within and for said county, personally
appeared L�.9�� �70�vG-� known to me to be
the person (s ) described in and who executed the foregoing
instrument, and acknowledged that he (tYiey) executed the same as
• his (their) free act and deed.
GAFFR��d � �
AE�Q c,M1NNEgpSA
/r""�" NocE NEP�N GOV��'Y��7� NOTARY PUBLIC
°, e ,..
�� H mission ExPires���,.ss�
.'.� MY Com •
� Ju•"�_��87 �
MY COMMISSI N EXPIRES
STATE OF MINNESOTA )
)ss. .
COUNTY OF HENNEPIN ) �
On this ZS � clay of �v1G,uS� , 1985, before me
a Notary Public within and for said County, personally appeared
��i9�UC� _ D/u'G-� 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.
s°�! /��
MICHAEL P• GAFFRON � NOTARY PUBLIC
.��, NOTARY PUBLIC-MINNES�TA �
n
• HENNEPIN COUi�fY �
��,;• Wly Commission Expir�n�a����� ,
�uN��� /987
MY COMMISSI N EXPIRES
Page 5 of 5
�