HomeMy WebLinkAboutResolution 1914 �_� .� ,
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Clt� o� ORONO
� � RESOLUTION OF THE CITY COUNCIL
� NO. 1914
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, A RESOLDTION GRANTING
A VARIANCE TO ,
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 & 2
FILE #987
WHEREAS, Robert J. Bauman (hereinafter "the applicant") is
the owner of the property located at 1040 Tonkawa Road within the C�ty
of Orono (hereinafter "City") and legally described as follows: .
Lot 10 and that part of Lot 9 lying Northerly of the following
described line and its Easterly and Westerly extensions:
Beginning at the point of intersection of the Westerly line
of said Lot 9 with a line drawn parallel with and 140 feet
South, measured at right angles, from the North line of said
Lot 10 ; thence East along said parallel line 35 feet;
thence def lecting left 4 degrees to an intersection with a
1 ine drawn para 11 e 1 with and 111 f eet South, measured at
• right angles, from said North line of Lot 10 ; thence East
along said last-described parallel line to the Easterly line
of said Lot 9, and there ending,
' all in Auditor's Subdivision Number 217, Hennepin County,
Minnesota according to the recorded plat thereof: the Northerly
line of said Lot 10 is marked by Judicial Landmarks set pursuant
to Torrens Case No. 17306, (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1 to
permit the construction of an attached enclosed pool which will en-
croach 15' into the average lakeshore setback, and a variance to
Section 10.22, Subdivision 2 to allow 39.4$ hardcover in the 75-250'
lakeshore setback zone where only 25� hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #987.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
• 3. The Orono Planning Commission reviewed this application on
November 18 and December 16, 1985, and recommended approval of
the proposed variances based upon the following findings:
A) Applicant has a hardship in that there is no other
feasible location for the pool addition.
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' Clt o� ORONO �
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 1914
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B) The addition as designed will not substantially encroach
on the lake views of neighboring property owners.
C) The applicant has shown that he can remove existing
hardcover so that there is no net resulting increase in
hardcover, maintaining the pre-existing hardcover of 9,150
s.f. or 39. 4� in the 75-250 ' setback zone.
D) The proposed pool structure meets all other side and
lakeshore setbacks of the LR-1B zoning district. .
4. In approving this variance, Council finds that in this unique
case the higher elevation of the adjacent house to� the north and
the relationship of the front lines and view lines of the
adjacent houses is such that the encroachment on lake views is
minimal or non-existent.
5. The proposed pool structure is located substantially back
from the 75' setback line, with the most lakeward projection at
9 6' f rom the shore 1 ine.
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6. The average setback line to which variances are granted in
this resolution refers to a straight line connecting the points
closest to the lakeshore of each of the adjacent residence
structures.
7. 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.
8. The City Counci 1 f inds 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 applciant, 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 Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
• Based on the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 1 to permit the construction of an attached enclosed pool
which will encroach 15' into the average lakeshore setback, and a
variance to Section 10.22, Subdivision 2 to allow 39.4� hardcover in
the 75-250' setback zone where only 25� hardcover is normally allowed,
subject to the following conditions:
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G +
Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1914
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, l. Applicant shall remove 205 square feet of plastic sheeting
from underneath the rock on the north side of the house in
addition to the 623 square feet of blacktop already removed in
. order to compensate for the 828 square feet of additional hard-
cover created by the pool structure. Such plastic sheeting
removal shall occur prior to final inspection of the pool
structure.
2. Applicant shall submit reviSed pool structure plans coin-
ciding with the survey showing an 18'x46' addition, prior, to
issuance of a building permit.
3. This approval is specifically for a one story structure
• extending from the basement level of the house, and any future
addition of a story above the pool level will require a new
variance application. � This condition does not prohibit applicant
from using the roof of the pool structure as a deck with standard
36" railing, but does prohibit enclosing of such deck.
4. Excavated material from the pool addition shall not be spread �
• in the 0-75' lakeshore setback zone, and grading around the pool
addition shall be limited to that necessary for the construction.
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 Counci 1 approva 1 , or this variance wi 11 expire on
that date (January 27, 1987).
6. 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.
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 27th day of
Janu , y, 1986.
ATT ST:
M ._ �
• thy M. allin, City Clerk Mar C. Butl yor
Property ners
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clt� o� oR,oNo
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1914
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STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this ��� day of �7°i2/L , 1986
before me a Notary Public within and for said county, personally
appeared �pg�� �, �,q-vtlM�ll� 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 /
="��µ~`' tJOTARYPUBLIC-MINNESOTA NOTARY PUBLIC
' �� '
• HENNEPIN COUNT
�
MY Commission ExPires June 11,1987
��.N��l , �9g7
MY COMMISSI EXPIRES �•
STATE OF MINNESOTA )
• )ss.
COUNTY OF HENNEPIN )
• On this �3 � day of ��2(L, , 1986, before me
a No ary Public within and for said County, personally appeared
�j(�U�� .g�lUvlq-l� 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.
�d��� �
�~�
MICHAEL P. GAFFRON NOTARY PUBLIC
� � NOTARY PUBLIC-MINNESOTA
9f� ' HENNEPIN COUNTY
�,Ay Commisalon Exp(rea June 11,198T
. .� u�� �� , l�"8`7
• MY COMMISSIO EXPIRES
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