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Home My WebLink AboutResolution 2172 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2172 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1129 WHEREAS, Todd Waters (hereinafter "the applicant" ) is the owner of the property located at 3061 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: (Exhibit A attached) , (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 reconstruct existing residence and construct a new deck within the 0-75' lakeshore setback zone, constituting hardcover, structure, and average setback encroachment in that setback zone where no hardcover, structure, or average setback encroachment are normally allowed; and to construct an addition to such residence that will increase the hardcover in the 75-250' lakeshore setback zone above the 25% hardcover level normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1129. 2. The property is located in the LR-1C Single Family Lakeshore Residential District. 3. The Orono Planning Commission reviewed this application on April 20, 1987, and recommended approval of the proposed variance based upon the following findings: A) The applicant intends to construct a new foundation under the existing structure, hence he has the opportunity to move the house back from the lake a short distance. B) The proposed deck is to be 8' in width. Moving the entire house and deck back 8' from the existing location will result in no new encroachment into the average lakeshore setback, will result in no additional 0-75' hardcover, and may actually decrease the 0-75 ' hardcover. Page 1 of 4 E City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2172 C) As a result of moving the house, the 75-250' hardcover will be increased to 33.1% where only 25% is normally allowed. This can be justified by the fact that the majority of drainage in the 75-250' zone does not flow toward the lake but is held in the basin area east of the house. D) The view encroachment caused by the proposed porch at the south end of the house is, minimal. The effected neighbor to the south has submitted a letter of non-objection to the project. E) The relocation of the municipal sewer line is feasible and will not cause any problems for the municipal sewer system. 4. 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. 5. 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 demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with she spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, 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 reconstruct existing residence and construct a new deck within the 0-75 ' lakeshore setback zone , constituting hardcover, structure, and average setback encroachment in that setback zone where no hardcover, structures , or average setback encroachment are normally allowed; and to construct an addition to such residence that will increase the hardcover in the 75-250' lakeshore setback zone above the 25% hardcover level normally allowed, subject to the following conditions: 1. The existing house shall be moved 8' eastward from its present location, and all proposed additions, including porch, deck, attached garage, and room additions, shall be similarly moved 8' eastward from the proposed site plan, resulting in a maximum house encroachment into the 75' setback zone of 8' and a maximum deck encroachment into that zone of 16'. Page 2 of 4 low City of OR ONO RESOLUTION OF THE CITY COUNCIL CITY NO. 2172 • OR0140 2. Hardcover in 0-75' setback zone shall not exceed 7.1% or 542 s.f. Hardcover in the 75-250' setback zone shall not exceed 33.1% or 5,910 s.f. Applicant is advised that no additional hardcover will be approved and that any future proposals to increase hardcover on the property might be approved only with concurrent removals of equivalent amounts of existing hardcover so that there is no net increase in hardcover percentage. 3. The municipal sewer line may be relocated by applicant' s contractor at applicant's expense upon plan approval by the City Engineer and Public Works Coordinator. Applicant shall provide plans for such work prior to issuance of the building permit. Applicant shall grant a 10' easement either side of the relocated sewer line. Applicant shall be responsible for obtaining a similar easement for the City from the affected neighboring property owners. Such easements shall be granted prior to issuance of building permits for the residence. 4. Applicant shall provide a revised survey/site plan with the final proposed house location prior to issuance of a building permit. 5. Authorities granted with 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 Council approval, or this variance will expire on that date (May 11, 1988 ) . 6. Violation of or non-compliance with any of the terms and conditions of this resolution 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 11th day of May, 1987. ATTZST: I ADor,bthy lu Hallin, City ClerkJame R. Grabe , ayor Pr perty Owner(s) Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2172 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this v� ? '��' day ofC�c�L 1987_ before me a Notary Public within and for sa county, personally appeared `7��/a rti)ct;ze.r s' 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. THEM" L. NAAS NOTARY PUBLIC MORMIY'U KW- MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this --,�84�4 day of maw , 1987, before me a Notary , Public within and for said Cdunty, personally appeared Lr 1S r - y� 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 `MI STA COUNTY �IfM 9.8-92 MY COMMISSION EXPI/RES Page 4 of 4 N n N 0 z z 40 H -- H H o •autt Ptas Pw 4310 le paspid S3M"I totOtPRr W3 6q Pow 6910q 329-13 Pies to 8tt 'Al o41 w a 'jutwtmn * wed ma ol. 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Ptes �d 6rt.idS AS ITO Ptes rt 8etd (Al P9113 ► J+o OVtt 0% t in t t PW 'asjnoa pagt.,Dsap &Aoge lsitl Pips 004 Awtil�M Sat6w 14611 3e WA,00) Pro Nits litteAd ttAns" 03"o- 'Mwti2w 5144 40 aSAM Pagtaxap "SO lsjtl 043 WD1l 4si6re 146P a IN PsiREtft dLJ"Uft 3sol COI Put YltA t*tteAd WWJP Outt e 441A autt aaogS ptps ;o 000,MJ04rt M 04 aWIt PITS to aaol#S "I hole sot304P.SLJow4j" a ut 03am :e tM s%el 10 aa04S a43 03 P lxa '4JId 6ui.�dS PITS ut ZS 401 Jo �o3 :t"W"J" W3 Wal Ylju lsol 51 psle�ot st Ya1 lutod I 46noa43 autt lq6terls a @t (I wZsaA 93ua4l 'lAd 6updS rt 1S 401 JA .iw.aa ltd 3Soo slp-3e bViUM1608 :SMIL®l sle -pagtaDsap 'loajOgl (aAJnS 4U0M- A09 SO4VIS POU411 03 6++04033e 'EZ 06MV 'LII otY:wWJL 'OZ wt3WS Rt, PYet JO Yae-1 d y STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono , Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on May 11 , 1987 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 28th day of 19 87 . "thylin, City Clerk t (SEAL) POPHAM, I-IAIK,SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA SS402 TELEPHONE 612-333-480 0 TELECOPIER WAYNE G.POPHAM HOWARD SAM MYERS,III 612-334-2713 RICHARD A.KAP LAN JEFFREY P.CAIRNS RAYMOND A.HAIK LARRY D.ESPEL BRUCE B.M<PHEETERS LOUIS P.SMITH ROGER W.SCHNOBRICH JANIE S.MAYERON GARY D.BLACKFORD FRANCIS J.CONNOLLY DENVER KAUFMAN THOMAS J.BARRETT SUITE 2400 SCOTT E.RICHTER BRUCE H.LITTLE ROBERT A.MINISH JAMES A.PAYNE 1200 SEVENTEENTH STREET PAUL J.LINSTROTH MARK F.PALMA ROLFE A.WOROEN DAVID A.JONES DENVER, COLORADO 80202 SCOTT A.SMITH RUSSELL S.PONESSA G.MARC WHITEHEAD LEE E.SHEEHY TELEPHONE 303-893-1200 ELIZABETH A.THOMPSON BRYAN L.CRAWFORD BRUCE D.WILLIS ALAIN FRECON TELECOPIER 303-893-2194 KEITH J.HALLELAND DAVID K.RYDEN FREDERICK S.RICHARDS PATRICIA A.JENSEN MARK B.PETERSON MATTHEW E.DAMON G.ROBERT JOHNSON LESLIE GILLETTE SUITE 300 SOUTH D.RANDALL BOYER JOHN W.PROVO GARY R.MACOMBER MICHAEL T.NILAN 1800 M STREET,N.W. BRIAN N.JOHNSON GREGORY G.BROOKER ROBERT S.BURK ROBERT H.LYNN WASHINGTON, D. C. 20036 TIMOTHY W.KUCK WILLIAM M.OJILE,JR. HUGH V.PLUNKETT,III THOMAS M.SIPKINS TELEPHONE 202-828-5300 CAROL B.SWANSON TERRANCE A.COSTELLO FREDERICK C.BROWN ROBERT C.MOILANEN TELECOPIER 202-828-5318 BRUCE A.PETERSON JOSEPH D.VASS THOMAS K.BERG THOMAS F.NELSON DIRECT DIAL NUMBER JULIE A.SWEITZER BRIAN W.OHM JAMES R.STEILEN THOMAS J.RADIO THOMAS C.MIELENHAUSEN STEVEN A.CHELESNIK JAMES B.LOCKHART DAVID L.HASHMALL KATHLEEN A.SLATZ GREGORY G.SCOTT ALLEN W.HINDERAKER KATHLEEN M.MARTIN 334-2549 MICHAEL D.CHRISTENSON SHARON N.FULLMER CLIFFORD M.GREENE JOHN C.CHILDS J.MICHAEL SCHWARTZ D.WILLIAM KAUFMAN DOUGLAS P.SEATON LARAYE M.OSBORNE OF COUNSEL MICHAEL O.FREEMAN THOMAS E.SANNER September 2, 1987 TODD M.JOHNSON FRED L.MORRISON Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Enclosed and listed below are variances which cannot be filed in the chain of title because they are registered as torrens properties. Name Resolution No. Smith' s Bay Marina, Inc. 2194 Waters, T. 2172 Kelly/Shaughnessy 2048 If you have any questions, please feel free to call either me or my secretary, Joyce Pedersen at 334-2736. Very truly yours, Nancy E. Husnik EH/jlp/3328 Legal Assistant Enclosures