HomeMy WebLinkAboutResolution 2115 ... . � ., . _ .... . . . .
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, y, a ;�� RESOLUTION OF THE CITY COUNCIL
� � 2115
` . ' ;$.�{ : NO.
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• - �� •
A RESOLDTION GRANTING
A VARIANCE TO
MONICIPAL ZONING CODE
SECTIONS 10.22, SIIBDIVISION 1 & 2 AND
, 10.55, SIIBDIVISION 8
� FILE #1060
'��
WHEREAS, J. F. Fleischhacker (hereinafter "the applicant")
is the owner of the property located at 2775 Shadywood Road within the
City of Orono (hereinafter "City") and legally described as follows:
Tracts E and F and -Tract G except the Northeasterly 7 feet
thereof, Registered Land Survey No. 358, Files of Registrar of
Titles, Hennepin County, Minnesota (hereinafter "the property");
and
_, WHEREAS, the applicant has applied to the City for a
• variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 2
and Section 10.55, Subdivision 8 to permit the construction of a
stairway within the 0-75' lakeshore yard, constituting structure and
hardcover in the 0-75' lakeshore yard where no structure and hardcover
is normal ly allowed, and to permit construction of a deck in the 75-
250' lakeshore setback zone constituting hardcover in the 75-250'
lakeshore setback zone in excess of the 25� hardcover normally
allowed. �
' NOW, TH$REFORE, B$ IT RESOLVED by the City Council of Orono,
Minnesota: . ,
FINDINGS
1. This application was reviewed as Zoning File #1060.
2. The property is located in the LR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 18 and October 20, 1986, and recommended approval of
variances, finding that:
A) The applicant's stated hardship is that there is no
quick access to the beach from the upper level of the house
without an outside stairway. The stairway proposed provides
• • such `an access without blocking the views from existing .
picture windows.
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• RESOLUTION OF THE CITY COUNCI L
� NO. 2115
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B) The concrete patio existing under the deck and stairway
area is proposed to be removed except for a walkway. The
applicant proposes to use very narrow spacing between the
deck boards for safety purposes. The deck and stairway are
at a second-story level. The deck and stairway should be
considered as hardcover.
�
C) The deck and stairway will be partially •screened from
the lake by existing shrubbery.
4. The City Council reviewed the application on November 10,
1986 and tabled the application requesting applicant to reduce
the extent of variances needed.
5. The applicant subsequently submitted the proposal attached as
Exhibit A to this resolution. The Council finds that the
variances requested in order to construct the deck and stairway
• per Exhibit A are justified per the findings of the Planning
Commission as noted herein.
6. 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. �
� 7. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply general ly 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.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.22,
Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the
construction of a deck and stairway constituting 0.16$ hardcover in
• the 0-75' lakeshore setback zone, constituting 37.6� hardcover in the
75-250' lakeshore setback� zone, constituting a 3' structural encroach-
ment into the 0-75' lakeshore setback requirement, subject to the
following conditions: : �
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� Ci.t o� ORONO
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2115
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aximum allowed hardcover on the property shall be as
follows:
0-75 ' Setback Zone: 12 s.f. ( 0.16�)
(consisting of deck and stairway)
75-250 ' Setback Zone: 6.177 s.f. (37.6�)
consisting of the following:
House 2,080 s.f.
Sidewalk 120 s.f.
Blacktop Driveway 2,797 s.f.
Rock Beds w/Plastic 758 s.f.
Deck and Stairway 422 s.f.
6,177 s.f.
The applicant is advised that any further proposals resulting in
an increase of hardcover will not be approved, and might be
approved only with concurrent removals of existing hardcover
resulting in no net increase in hardcover on the property. `
• 2. The maximum allowed encroachment toward the lake is 3.0 feet
as proposed per Exhibit A attached.
3. 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 (February 9, 1988).
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4. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shal 1 automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
5. 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
February, 1987.
ATTE T:
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• orothy M a11in, City Clerk Ja es R. Gr , Mayor
� J `� /�
G � �/� ���'f���' ' ��� .
_ roperty Owner(s ) __ _-- - _ _ __ _ _ . �.
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2115
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this o?�y'� day of �.��'t,�Qv_r . 1987
before me a Notary Public within and for sai county, personalYy
appeared 3;� �- �S,m, �'/eisC'hh2C��-2�',huS�Yl�n�r� lJ�.l-�known to me to be
the person(s) described in an who exeo ted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�- - - •-- �G�.w'"
lN�E11ESA L. NAAB NOTARY PUBLIC ,
�TARY PUBLIC - MINNESOTA ,_
HENNEPiN COUNTY
• `%,,.,..,:�+ MV commisslon expirw 8-6-82
' .
9-��9�
. MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss. �
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personal Yy 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 '
_ _ . _ _ � - ; j _ _ _ .
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