HomeMy WebLinkAboutResolution 2036 .. - .,
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RESOLUTION OF THE CITY COUNCI Ll
� NO. 2036
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; A RESOLDTION GRANTING
A VARIANCE TO
MIJNICIPAL ZONING CODE
SECTION 10.55, SOBDIVISION 8 AND
' SECTION 10.03, SDBDIVISION 19 �
AND GRANTING A CONDITIONAL DSE PERAIIT PER
, � • SBCTION 10.22, SIIBDIVISION 2
FIL}3 #1046
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WH$R�AS, Douglas Zumbusch (hereinafter "the applicant") is
the owner of the property located at 1535 Long Lake Boulevard within
the City of Orono (hereinafter "City" ) and legal ly deseribed as
follows:
Log 19, Block 1 Albee's Long Lake Addition, Hennepin County,
Minnesota (hereinafter "property"); and �
WH$REAS, the applicant has made application to the City of
Orono to permit the construction of a stairway and retaining walls
constituting 223 s.f. (�4.8$) structural hardcover within 75' of the '
� lakeshore where such structures and hardcover are not normally
allowed.
NOW, TH$REFORE, BE IT R$SOLV$D by the City Counci 1 of Orono,
• Minnesota: � �
. FINDINGS
1. This application was reviewed as Zoning File �1046.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 0.22 acres in area.
' 4. The Orono Planning Commission reviewed this application on
August 18, 1986, and recommended approval of the proposed
' variances to Section 10.22, Subdivision 2 and 10.55, Subdivision
8 and a conditional use permit per Section 10.03, Subdivision 19
based on the following findings:
A) The steep slopes of the lakeshore yard necessit"ate the
stairway for safe access to the lakeshore.
B) The retaining walls proposed are necesary for protection
� of the existing vegetation on the property and for safety of
the occupants when mowing the lawn.
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5. The proposed 8'x12' patio near the lakeshore is excessive
structure and hardcover, and is not necessary for safety purpbses
'nor is it considered to be necessary for the , applicant's
'reasonable use of the property. • No suitable hardship has been
shown to justify approval of the patio. �
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, light, air nor
pose a .fire hazard or other danger to neighboring properties;
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 appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
• 7. The City Council finds that granting a conditional use permit
to allow the stairway and retaining walls will not be detrimen'tal
to the health, safety or general welfare of the public, would not.
adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will it de�preciate
. . surrounding property values and that the proposed level of use of
the property Wii1 be in� keeping with the intent and objectives of
the Zoning Code and Comprehensive Plan of the City.
, CONCLDSIONS, ORDER ABdD CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Sections
. 10.55, Subdivision 8 and 10.22 , Subdivision 2 to allow the
construction of stairs and retaining walls constituting 205 s.f. or
4.4� hardcover and structure within the 0-75' setback zone, and
grants a conditional use permit for such improvements per Zoning Code
Section 10.03, Subdivision 19 subject to the following conditions:
1. � Applicant shall provide suitable erosion protection measures
as required by the City Inspector during construction.
2. Stairway construction shal 1 be at shallow depths (6"-8" into
. existing surface) to avoid conflict with the existing septic
� system drainfield lines.
• 3. Landings and stair tread area sha11 be loose gravel underlain
by porous geotechnical fabric.
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� 4. The proposed 8'x12' lakeshore patio is specifically not
approved, and may not be constructed. .
5. Construction of the wa 11 s and stairway sha 11 conf orm to the
plans as approved by the City, and the applicant shall obtain a
. building permit for the stairway prior to construction.
6. A Certificate of Survey shall be submitted upon completion of
. the improvements, and must verify that the location of such
improvements is within the property boundaries. .
7. Authorities granted by this resolution 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 approval, or the special coditions of this
resolution will expire on that date (September 22, 1987).
• 8. . Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shal 1 automatically terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor.
� 9. 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 �he property.
Adopted by the Orono City Council on this 22nd day of
September, 1986.
ATT S : �
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D othy M. allin, City Clerk Mary C. Butler, Mayor
Timoth Adams, Acting Mayor
� Proper Owne s) .
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�� RESOLUTION OF THE CITY COUNCIL
-;r'<.; � NO. 2036
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STA *�� � .�+��1Mi� NNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this C��` day of (,�t� 3� , 1986
before me a Notary Public within and for said county, personally
appeared 1.7o u�c�� �u.^-.��cs c-f1 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.
CHAEL P• GAFN RoTA �/r2�r��
:s°"°°�°'' NOTARY PUBUC�M1N
�°� � • HEN►`�EPIN COUNTY NOTARY PUBLIC
� fssion Expires June 11,1887
�� My Gomm
�����, /9a�
•� MY COMMISSION EXPIRES
STATE OF MINNESOTA ) .
)ss. .
COUNTY OF HENNEPIN )
On this day of , 1986 , 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 foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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