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Home My WebLink AboutResolution 2321 �,a . . �. ,,i Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2321 � ' • • • • A RESOLUTION GRANTIPTG A VARIANCE TO L�QAiICYPAL ZONING CODE SECTION 10.22, SDBDIVISION 2 " FILE #1217 WHER$AS, J. M. Fearon (hereinaf�cer "the applicant") is the owner of the property located at 1160 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property.") ; and �1HEREASa the applicant has applied to the City for a variance to Municipal Zoning Code Section 10. 22 , Subdivision 2 to permit the construction of a ground level deck which will result in excess hardcover in the 75-250' lakeshore setback zone over and above the 25� hardcover normally allowed in that zone. NOW, THEREFOY2E, BE YT RESOLVED by the City Council of Orono, • Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1217. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 16, 1987, and recommended approval of the proposed variance based upon the following findings: A. The proposed deck area is already partially hardcovered by an existing patio area. . B. There is little or no extraneous hardcover on the property that can be concurrently removed in order to minimize the hardcover increase. � C. Removal of hardcover in the existing driveway and backup apron could cause a potential access hazard to Tonkawa Road. 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. Page 1 of 4 Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2321 � ' • - • • 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 the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCI�DSIONS, ORDER 1�AID COYIDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a ground level deck which wil 1 increase the hardcover in the 75-250' lakeshore setback zone to 36.6� where only 25$ hardcover is normally allowed, subject to the following conditions: � 1. Hardcover on the property shall be limited to the following: 0-75 ' (Lot area = 8,497 s.f. ) Concrete Stair = 40 s.f. Flagstone at NE Corner of Property Around Treed Area = 200 s.f. TOTAL = 240 s.f. or 2.8$ 75-250' (Lot area = 19,204 s.f. ) House = 3, 675 s.f. Driveway = 2, 052 s.f. Existing Rock & Front Block Sidewalk = 540 s.f. Proposed Deck = 765 s.f. --------------- TOTAL = 7, 032 s.f. or 36.6� , The applicant is advised that no further increases in hardcover will be approved, but might be approved only in conjunction with concurrent removals of existing hardcover. ' 2. Authorities granted with this resolution run with the property not with the applicants, 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 (December 14, 1988). • 3. 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 shal 1 be punishable as a misdemeanor. , , � Page 2 of 4 c�t� o� oR;oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2321 � ' • - • • 4. The undersigned applicant have 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 Counci 1 on this 14th day of December, 1987 . ATT T: � 0 othy . Hallin, City Clerk James R. Grabek, Mayor . 'f�i�i� perty Owner(s) • � • Page 3 of 4 � ��r . r cit� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2321 � ' • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��' day of I�e�b.�� 198� before me a Notary Public within and for said county, personal ly appeared ��Q�c�a /� n ,�,�� 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. THERESA L NAAB NOTARY PUBLIC • NOTARY PUBLIC�MINNESOTA HENNEPIN COUNTY M�►aomrnlala��xWroa�8-s2 �'-�-9a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this-�- = day of �J��Y1,�j.2�{� , 198z, before me a Notary Pu lic within and for said County, personally appeared �, �1'�i '�i(�,p� �,p�,1 ,r-c9-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. �� NOT RY PUBLIC THERESA L. NAAB �HENNEPIN COUNTYTA �f�'�� My�ornmlanton mxPir¢a 9-5-92 MY COMMISSION EXPIRES Page 4 of 4 _ �� EXHIBIT A RESOLUTION NO. 2321 That part of Lot 9, Auditors Subdivision Number 217, Hennepin County, ' Minnesota, lying Southeas.ter].y of the following described line ; Beginning at a point which is the intersection ot a line drawn parallel with and 450 feet South as measured at right angles from the North line of Lot 10, said . Auditors Subdivision Number 21? and the Easterly right of way line of County Road Number 135, thence running Southeasterly ,along said right of way line 387 .25 feet to the actual point of 7�eginning of the line to be described, thence running N78°29 'E, 235 .5 feet more or less to the Weste�ly shoreline , of Maxwell Bay, and lying Norhtwesterly of a line drawn parallel with'and 125 feet Northwesterly as measured at right anc�les from the following escribed straight line„ beg�.nning at a point �n the Easterly right of way � line of County. Road Num��r 135, 1141 .25 feet Southeasterly from its inter- section with the North line of Lot 10 said Auditors Subdivision Numl�er 217, as measured along said right of way line, thence running Northeasterly along said straight line 143 .2 feet to a point which is 1004 .29 feet South as measured at right angles from the North line oF said Lot l0, thenca continuing Northeasterly along said straight line to the Westerly shoreline of Maxwell Bay. For the purpose of this description the North line of �aid Lot 10 is considered to be a due East and West line . . • .