HomeMy WebLinkAboutResolution 2010 ' . r � � ' , . . � . � . , . ' ,
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' � � RESOLUTION OF THE CITY COUNCIL�
Q� . �
� � NO. 2010
• - • •
A RESOLIITION GRANTIAIG
A VARIANCE TO
. MiJNICIPAL ZONING CODE
S$CTION 10.22, SQBDIVISION 2 AND
SECTION 10.55. SiJBDIVISION 8
FILl� #1031
WH$REAS, Mark xunsley (hereinafter "the applicant") is the
owner of the property located at 3464 Eastlake Street within the City
, of Orono (hereinafter "City") and legally described as follows:
Lot 1, Block l, Bayside Beach, xennepin County, Minnesota
(hereinafter "the property" ) ; and �
WHER$AS, the applicant has applied to the City for a •
variance to Municipal Zoning Code Section 10.22, Subdivision 2 and
Section 10.55, Subdivision 8 to permit the construction of a brick
� patio partially located within the 0-75' lakeshore setback zone where
no structure or hardcover is allowed constituting 1.2� hardcover in
that zone, and partially located within the 75-250' setback zone,
increasing hardcover within that zone from 30.0� to 32.9� where only
25� hardcover is normally allowed.
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NOW, THEREFOR$, BE IT RSSOLVLD by the City Council of Orono,
Minnesota: '
FINDINGS
. .
1. This application was reviewed as Zoning File #1031.
2. The property is located in the LR-lA Single Family Lakeshore
. Residential Zoning District.
3. The Orono Planning Commission reviewed this application on �
May 19, 198b, and recommended approval of the proposed variance
based upon the following findings:
a) The proposed location is the only feasible location to
place a patio on the property which will overlook the lake.
b) The request is consistent with the requests approved for
the two other properties in this subdivision.
� 4. The applicants have a hardship based on th� small lot size
(0.46 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.
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' 5. The property in the 75-250' lakeshore setback zone, contains
only the driveway, sidewalks and house as hardcover, constituting
3,817 square feet or 30.0� hardcover. This amount of hardcover,
although exceeding normal limits, is necessary to the safe and
� reasonable use of the property. Because of the low elevation in
relation to the lake level, the residence has no basement, hence
increased bulk and hardcover above ground was necessary to
construct a suitable residence on this property.
6. No hardcover currently exists in the 0-75' setback zone. The
� proposed patio will encroach 5' into the 75' setback, creating
approximately 88 square feet of hardcover, or 1.2�, in the 0-75'
zone. .
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 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 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 Plan of the City.
CONCLIISIONS, ORDER AIaD CONDITIONS
Based upon the above findings, the Orono City Council hereby .
grants a variance to the Municipal Zoning Code 8ection 10.22,
Subdivision 2 and Section 10.55 , Subdivision 8 to p�ermit the
construction of a brick patio partially located within the 0-75'
setback zone, where no hardcover 'or structure is normally al lowed, and
' constituting 88 s.f. or 1.2� hardcover in the zone, and partially
located within the 75-250' setback zone, increasing hardcover in that
zone to 4,187 s.f. or 32.9$ where only 25$ is normally allowed,
subject to the following conditions:
• 1. The portion of patio to be constructed in the 0-75' setback
zone shall encroach no more than 5' into the 75' lakeshore set-
back and shall constitute no more than 88 s.f. or 1.2� hardcover.
No additional hardcover is al lowed in the 0-75' setback zone.
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�,� � RESOLUTION OF THE CITY COUNCI L
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•, 2. The following hardcover areas are approved for this property
in the 75-250' setback zone:
_
House and Garage - 2,286 s.f.
� Sidewalk - 96 s.f.
Driveway - 1,435 s.f.
Patio Addition - 370 s.f. •
, 4,187 s.f. or 32. 9�
3. The total improvement of the property is limited to the
hardcover amounts describe in #2 above, and the owner of the
property is hereby advised that the City will not approve any ..
future improvements which increase hardcover, and if such
improvements are proposed they might be approved only with
� concurrent removals of existing hardcover. �
• 4. Authorities granted b this variance run with the ro ert
Y P P Y
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 (June 9, 1987). .
5. Violation of or non-compliance with any of the terms and
conclitions 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.
6. 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 9th day of June,
1986. , . . . .
ATT T: ^
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. C///��C=���
. �
othy . Hallin, City Clerk Mary C. utler, Mayor
Tim Adams, Acting Mayor
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Pr per Owner(s)
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_ .� _.. _ :� __� RESOLUTION OF THE CITY COUNCIL
; > � .�, NO. 2010
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STATE OF MINNESOTA )
) ss.
, COUNTY OF HENNEPIN )
On this f�� day of �U�U� , 1986
before me a Notary Public within and for said county, pe�rsona�lly
appeared �4y � , uNS��y known to me to be
the person(s ) describe in and who executed the foregoin
instrument, and acknowledged that he �(they) executed the same as
his (their) free act and deed. .
� _ .
���s++��a�N
M1GNp.�BP�c,'�MNNN.°�.� N TARY PUBLIC
• �.a,,,, NpSAPY p OV 1981 .
G et�,
►
� NNEP�N ��es��^
��� 'M Nomm�ss�on�p
, �`�`'� . . � �rrv� // /�g 7
MY COMMISSI EXPI�,2ES
STATE OF MINNESOTA ) �
�ss.
COUNTY OF HENNEPIN )
On this L`�Ze,� day of , 1986, before me
a Notary Public within and for id County, personally appeared
�n��, �p-. N-vr�s � e �i � known to me to be the
• person(s) described in and who executed the f oregoing instrument,
and acknowledged that he (they) exe.cuted the same as his .
(their) free act and deed. �
. .'q• . . . . .
NO ARY BLIC
�'"`�� Marjorie J. Chris'iansen '
��`� NOTARY FU::LIJ—MINNzSOTA
�e`� WRIGHT COUnTY
My eomm+ssion expires April 1,1988
� �L��, \ , 1`� �
� ' MY COMMISSION XPIRES
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