HomeMy WebLinkAboutResolution 2057 �
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� • RESOLUTION OF THE CITY COUNCIL�
_ Q�
` � NO. 2057 .
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' � A RESOI�UTION GRANTIAiG
4
VARIANCES TO
•" MUNICIPAL ZONING COD$
�' SECTION 10.22, SIIBDIVISION 1 & 2
� AND SECTION 10.55, SIIBDIVISIOAT 8
FILE #1033
,� WHERBAS, Royal J. Dossett (hereinafter "the applicant") is
: the owner of the property located at 2795 Pheasant Road within the
. City of Orono (hereinafter "City") and legal ly described as follows:
-a
' Lot 11, Block l, Pheasant Lawn, 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
to permit the construction of a screen porch, deck, and patio which
' � constitue structure in the 0-75 foot lakeshore setback zone where no
structure is normally allowed, and increasing hardcover in the 0-75'
setback zone from 1$ to 5.5� where no hardcover is normally allowed,
and increasing hardcover in the 75-250' setback zone from 26.4� to
27.2g where only 25$ hardcover� is normally allowed, and which will
` extend closer to the lake than the average distarice to the lake of the
adjacent properties. .
; NOW, TH$REFORE, BE IT R$SOL`IED by the City Counci l of Orono,
�. Minnesota:
.
FINDINGS
- l. This application was reviewed as Zoning File #1033.
� 2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning Dist'rict. �
3. The Orono Planning Commission reviewed this application on
� May 19, 1986, and recommended partial approval of the proposed
- variances based upon the following findings:
� A) The screen porch as proposed will not encroach on •any
� views enjoyed by the neighboring property owners. The
neighboring property owners have expressed their support for
the proposal.
, •
B) The majority of the drainage from the existing house
: runs away from the lake and onto the 75-250' setback zone.
If applicant maintains a gutter system directing roof
drainage to the 75-250' setback zone, the only runoff moving
directly toward the lake will be that generated in the 0-75'
setback zone.
Paae 1 of 4
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. �" � C�t� o� ORONO
• . .','�5 y ', . . .
; , � RESOLUTION OF THE CITY COUNCI L
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� , NO. 2057
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The screen porch and a portion of the patio are
reasonable to allow the applicant enjoyment of his lakeshore
yard, but the sidewa lk and sma i 1 deck near the west entry
door area is unnecessary and not justified.
4. Applicant's hardship is the location of the existing house
which was constructed prior to the 75 foot setback requirement.
5. The City Council has considered this- application including
the findings and recommendations of the Planning Commission,
. reports by City staff, commerits by the applicant and the effect
of the proposed variance on the health, safety and welfare .of the
community.
. 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 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, ORD$�t AND CONDITIONS
Based upon the above. findings, the Orono City Council hereby
grants variances, as amended herein, to the Municipal Zoning Code
Section 10.22, Subdivision 1 to permit the construction of a screen
porch located 65' from the lakeshore where a 75' setback is normally
required, and which screen porch is located closer to the shoreline
than the average distance fom the shoreline of the adjacent
residences; and grants variances to Sections 10.22, Subdivision 2 and
10.55, Subdivision 8 to allow an increase in hardcover from 1$ to 4.4�
and allow structure within the 0-75' lakeshore �setback zone, and to
allow an increase in hardco:ver in the 75-250' lakeshore setback zone
from 26.4� to 26.7$, subject �to the fol lowing conditions:
l. Hardcover permitted in the 0-75 foot setback is limited to:
100 s.f. - stairway to lake
100 s.f. - 10 'x10 ' portion of screen porch
280 s.f. - patio and deck of approximately 10'x28' adjacent
to screen porch and parallel to house
480 s.f. TOTAL of 4.4� hardcover, as shown an Exhibit A
• attached
The 280 s.f. patio/deck area shall be constructed such that the
deck will allow direct infiltration of rainfall i.e. deck boards 4"-8"
in width. Board width/spacing width ratio no greater than 12 :1, no
plastic or other hardcover under deck. The deck may not be enclosed or
altered to become impervious without Council approval. All roof
drainage from the screen porch shall be directed to the street side of
the house, away from the lakeshore.
n..�,. � ..� ,,
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� Clt� o� ORONO � � �
• � � RESOLUTION OF THE CITY COUNCIL
� NO. 2057
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, • 2. Hardcover permitted in the 75-250' setback zone is as
follows:
� House 2,075 s.f.
Driveway 3,880 s.f.
Shed 501 s.f.
Patio/Deck 60 s.f.
West Entry Steps 32 s.f.
� 6,548 s.f. or 26.7� Hardcover,
as shown on Exhibit A attached.
3. Applicant is advised that any future proposed additions which
result in increased hardcover on the property will not be
approved, and might be approved only with concurrent removals of
existing hardcover resulting in no net increase in hardcover.
4. Applicant shall provide verification, certified by a
surveyor, of the existing lakeshore setback of the existing house
• and of the hardcover percentages on the property, prior to the
issuance of a building permit.
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 approval, or this variance W�i 1 expire on
that date (July 14, 1987).
6. Violation of or non-compliance with any of the terms and
conditions of this variance shal 1 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. �,
Approved per the above conditions by the Orono City Council
by a vote of 3 ayes and 2 nay 5 at a regular meeting held July 14,
1986.
Adopted by the Orono City Council on this 13th day of
Oct b r, 1986. '
• ATTE T:
�-
Do o y . Hallin, City Clerk Mary C. 1 r, Mayor
�.�----- /��n�� i�I �����:��� .
Pro e y ner(s)
PacrP � nf d
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d Cit� o� ORONO . � �. � �
� � • RESOLUTION OF THE�,CITY COUNCIL �
� � 2057 .
� . . . NO. � .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ZQ�" day of , 1986
before me a otar Public withi]� and r aid county, personally
appeared �, o �'-i- 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.
� yl'l ,
OTARY P LIC
"r OAYLE M. KOCF� �
��P1I81lC—MINNESO i�1
MY C � . na 4.1991
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ZO`� day of , 1986, before me
a Notary Public within and for aid County, personally appeared
S eil � osse. known to me to be the
pers n(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 BLIC
� �"y GAYLE M. KOCH
-i! NOTMY PUBUC—MIHNESOTA
MY CO
, p.June 4.1991
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