HomeMy WebLinkAboutResolution 2494 , ,' � �� . _. . ' . : ,_ .
�. � � � c�t� o� oR,oNo
� ,�� � � RESOLUTION OF THE CITY COUNCIL
� NO. 2494
�; . � � A RESOLDTION GRANTING
VARIANCES TO
MONICIPAL ZONING CODE
SECTION 10.22, SIIBDNISIONS 1 & 2
FILE #1320
WHEREAS , Dr. & Mrs. Robert Brandenburg (hereinafter "the
applicants") are the owners of the property located at 719 Minnetonka
Highland Lane within the City of Orono (hereinafter "City") and legally
described as follows: �
Lot 7, Block 2, Minnetonka Highlands Estates, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have app lied to the City for a variance
to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the
construction of a deck and screen porch which will co�nstitute an
encroachment into the required average lakeshore setback zone where no
encroachment is normally allowed, and a variance to Section 10.22,
Subdivision 2 to al low hardcover in the 75-250' setback zone in excess of
the 25� hardcover normal ly allowed.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: '
FINDINGS
1. This application was reviewed as Zoning File #1320.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on August
15, 1988 and recommended approval of the proposed variances based upon
the following findings:
A) The proposed construction replaces an existing deck and
screen porch which were constructed when the house was built in
the 1970's. The existing deck was not constructed of treated
materials, and is in poor condition, hence the replacement of the �
deck is partially for safety purposes.
B) The proposed deck and screen porch are similar in size and '
character to the existing deck and porch, and wi 11 encroach no
further into the average lakeshore setback than the existing
structures. No existing lake views enjoyed by neighboring
property owners will be encroached on by this construction. A1 1
• work is in the 75-250 ' lakeshore setback zone.
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:; 1 d Ci.ty o� ORONO
• "�'�5� RESOLUTION OF THE CITY COUNCIL
2494
� NO.
��.� • •
Existing hardcover on the property is 31.8� in the 75-250'
zone. Included in the proposal is reconstruction of the sidewalk
and stair system to the east side of the house, and continuation
of a retaining wall at the southwest side of the house. The
patio underneath the deck will also be revised. All of the above
rev�ision to the property can be completed so that there is no
hardcover increase on the property above the existing 31.8$
Hardcover in the 0-75' lakeshore setback zone is 2.1�, with no
change proposed. "
D) There is no significant unnecessary hardcover existing on the
property that could be removed to significantly decrease the 75-
250 ' hardcover.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variances 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 variances 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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the app licants; 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 one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Section
10.22, Subdivis.ion l� & 2 to permit the construction of a deck, enclosed
porch, walkway and step system, and patio, which result in hardcover in the
75-250' lakeshore setback zone of 31.8$ where only 25$ hardcover is
normally allowed, and which enclosed porch and deck constitute an
encroachment into the average lakeshore setback zone where no encroachment
is normally allowed, subject to the following conditions: •
1. Hardcover in the 0-75' lakeshore setback zone is limited to the
existing 2.1� hardcover. Applicants are advised that the existing
shed in the 0-75' zone is a non-conforming structure and subject to
the ordinances pertaining to such structures.
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• ��:-� � �..: .�
RESOLUTION OF THE CITY COUNCIL
t,: .�
�: NO. 2494
:i� � � •
2. + ardcover in the 75-250' zone shall not exceed 31.8� (6, 952 s.f.)
as follows:
House 1,560 s.f.
Garage 960 s.f.
Porch 198 s.f.
Deck & Patio Area 800 s.f. •
Driveway 2,835 s.f.
Sidewalks 3 95 s.f.
Other Landscape Areas 204 s.f. ,
6,952 s.f. (31.8�)
The applicants are advised that no future hardcover will be approved
for, this lot, but any future proposal to increase hardcover on the
property might be approved only in conjunction with concurrent
removals of existing hardcover, which result in no net increase of
hardcover on the property.
3. 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 wil 1 expire on that date (September
� 12, 1989 ). '
4. Violation of or non-compliance with any, of the terms and
conditions of this resolution shal 1 constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
5. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 12th day of September,
1988.
ATTE
..
-o,� l�
o thy M. H llin, City Clerk Jam R. Grabek, Mayor
` !U
� /
• Property Owner(s )
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• ,�� � RESOLUTION OF THE CITY COUNCIL
2494
� NO.
�� - • �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this day of , 198
before me a Notary Public within and for said county, personally
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 �
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personally 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
Page 4 of 4
� .�._ b:
�. clt� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL
• NO. 2494
• � • •
STATE OF MINNESOTA )
) ss. •
COUNTY OF' HENNEPIN )
_ On thi s ���� day of � 7�P rh h��' , 19 8 8
before me a N�ry Publ ' c within and or said county, personally
appeared ; o{�er� �i'c�n1 c�,v bL�rn
known to me to be the person(s) describ�d in and who executed the �
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed. -
;
' �0���M�kC-MINN�SOTA 1
li�NN$p11+1 COUNTY � ,,2- ��- r
� ' ���` ��•t�. ��°� NO AR PUBLIC
• .
. � f'/-//-f39
' MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. �
COUNTY OF HENNEPIN ) .
On this /�� day of S� e��e-�' , 198g, before me
a Notary Public within and fo�id County, personally appeared
��rr.f�-n�N �I-�N�e�cl,b��/"G' _ known to me to be the
person( described in and wh executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
Jl�I�� N�DBALEK � (� <-n o /D `�oc/ r�P���i
• �lOTAAY LtC-MlNNESOTA NO'j► Y(�PUBLIC
HENNEFIN COUNTY �
�`' il�y►c,amnwron�tna �t-yt �se�� �
//- //_ .
MY COMMISSION' EXPIRES
•
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