HomeMy WebLinkAboutResolution 2325 b�� ,��� . . ' • .
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_ � � � Cit� �o� ORONO � �
• - . ' � � RESOLUTION OF THE CITY COUNCIL � � � •
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� NO. 2325
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A R�3SOI�IITION .GRAI�ITING �
� A VARIANCE TO
MUNICIPAL ZONING CODES
SECTION 10.25, SIIBDIVISION 6(B) AND
SLCTION 10.22, SDBDIVISIONS 1 � 2
FILE #1228
WHEREAS, Walter Wittmer (hereinafter "the applicant") is the
owner of the property located at 1420 Baldur Park Road within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 10, Block l, Baldur Park, Hennepin County, Minnesota
(hereinafter "the .property" ) ; and
T�IHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to
• permit the construction of a second story addition over an existing
structure with sideyard setback of 4.2' where a 10' side setback is
normally required; and a variance to Section 10.22, Subdivision 1 to
allow such structure to encroach past the average lakeshore setback
line where no encroachment is normally allowed and into the 0-75'
lakeshore setback zone where no encroachment is normally allowed; and
a variance to Section 10.22, Subdivision 2 to allow the continuation
of existing non-permitted hardcover within the 0-75' lakeshore setback
� zone where no hardcover is normally al lowed.
YaOW, THER$FOR$, BE IT RESOLV$D by the City Counci 1 of Orono,
Minnesota:
� FINDIYdGS
1. This application was reviewed as Zoning File #1228.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District. ,
3. The Orono Planning Commission reviewed this application on
November 16 , 1987, and recommended approval of the proposed
variances based upon the following findings:
a) Because of the nature of the existing opaque wing walls
� on either side of �the enclosure location, no additional view
� encroachment wil 1 result nor will there be any significant
new encroachment into light, air, or open space in the
neighborhood.
• b) The proposal results in no added hardcover on the
�� � property. .
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� � . - � � c�t� �o� oR,oNO � � �
• �• . ., � � RESOLUTION OF THE CITY COUNCIL • ' �
� . . NO. 2325 _ _. _ _...
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c) Applicant constructed an 8'x 30' deck on the lakeshore
' � side of the existing residence in violation of the
conditions of the original 1978 variance approval
Application #368. � Applicant should comply with condition of
that approval by removal the appropriate portions of that
illegal deck.
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 gene�`al 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 Com�rehensive 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 10.25,
Subdivision 6(B) to al low construction of a second story addition over
an existing first story located 4.2' from the side lot line where a
10' side setback is normally required; and grants a variance to
Section 10.22 , Subdivision 1 to allow encroachment of 7' into the
average lakeshore setback zone where no encroachment is normally
allowed and allow a 1' encroachment into the 0-75' lakeshore setback
zone where no encroachment is normal ly al lowed; and grants a variance .
to Section 10.22, Subdivision 2 to allow hardcover of 1.3$ in the 0-
� 75' lakeshore setback zone where no hardcover is normally allowed,
subject to the following conditions:
, 1. Applicant must remove the 8'x 30' deck except for a 6'x 8'
section which is allowed to remain.
• 2. The removed deck sections may be replaced with a loose rock or
� woodchip area underlain by permeable geotechnical weed reduction
fabric but not plastic sheeting which is hardcover.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2325
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3. Final allowed hardcover on the property is as follows:
0-75' Zone (area = 3,750 s.f. ) - 6'x 8' deck = 48 s.f. or
1. 3� allowed hardcover
75-250 ' Zone (area = 5,850 s.f. ) allowed hardcover -
House 1,073 s.f.
Garage 624 s.f.
� Asphalt 650 s.f.
Gravel parking area 250 s.f.
� . Sidewalks : between house & garag� 60 s.f.
along east side of garage 78 s .f.
alongnorth side of 3arage 78 s.f.
edge of driveway apron 16 s.f.
along housz 120 s .f.
Total = 2,949 s.f. or 50 .4g
Applicant is advised that any future proposal that results in
increase in hardcover will not be approved but might be approved
� only in conjunction with concurrent removal of an equal amount of
existing hardcover.
• 4. 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 (December 14, 1988).
5. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and sha11 be punishable as a misdemeanor.
6. 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 14th day of ,
Dec ber, 1987. '
ATT STc
� �
° othy . Halli , City Clerk Jam s R. Grabek, Mayor
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L%�%�� �' �
• Property Owner(s
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� City o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2325
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s l'y�' day of �'L�,C�.p.� , 19 8�
before me a Notary Public with� �i� and for said county, personally
appeared j'Ylr� �j1(�.�1'l �, l.U/-�-m�-F� 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.
. GC�'�
NOTARY PUBLIC
THERE8A L. NAAB
� I�iARY PUBI.IC� MINNESOTA
HENNEPIN COUNTY �r�✓ Y .
�►I�ommisalon exptras 9-8-92 /a
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. �
COUNTY OF HENNEPIN )
On this �� day of , 19�, before me
a Notar Pub�c ithin and for said County, personally appeared
l� + A (� � known to me to be the
� person(s) described in and who executed the foregoing instrument,
, and acknowledged th.at he (they) executed the same as his
(their) free act and deed. .
NOTARY PUBLIC
THERLSA L NAAB
�IOTApy pU81.IC•MINNESOTA
W EN�N�No"McpwrNae-� "
. �'�-�a
' MY COMMISSION EXPIRES
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