HomeMy WebLinkAboutResolution 2491 �
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� ��� � City o� ORONO
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�t RESOLUTION OF THE CITY COUNCIL
� NO. 2491
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A RESOLIITION GRANTING
VARIANCES TO
MLINICIPAL ZONING CODE
' . SECTION 10.22, SIIBDIVISIONS 1 � 2 AND
S$CTION 10.55, SOBDIVISION 8
FILE #1313
WHEREAS, Richard Eller (hereinafter "the applicant") is the owner
of the property located at 2655 Shadywood Road within the City of Orono
(hereinafter "City") and legally described as follows:
That part of Lots 22 and 23 , Pheasant Lawn, Hennepin County,
Minnesota, lying North o.f a line running from a point in the
Southeasterly line of Lot 22, Distant 27 feet Southwesterly from the
Northeast corner thereof to a point in the Northwesterly line of Lot
� 23, Distant 30 feet Northeasterly from the Southwest corner thereof of
Lots 22 and 23, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 and Section 10.55,
Subdivision 8 to permit the construction of an enclosed porch and deck
additions which will constitute additional structure and hardcover in the
0-75' lakeshore setback zone where no structure or hardcover is normally .
allowed. �
NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono,
Minnesota:
FINDINGS .
• l. This application was reviewed as Zoning File #1313.
2. The property is located in the LR-1B 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) There is an existing patio with deck directly above it,
located 27' from the shoreline. The second story deck is
. � proposed to be removed, and the portion of the concrete grade- _
level patio nearest the lake will also be removed.
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: , City o� ORONO �
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.� RESOLUTION OF THE CITY COUNCIL
� � NO. 2491
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B) Hardcover in the 0-75' zone on the property is 2,691 s.f. or
about 29.6�. Hardcover in the 75-250' zone is about 1,507 s.f.
or 5.6�. On an overall lot basis, this property would be allowed
a total of 6,750 s.f. of hardcover. It contains a total of 4,198
s.f. of hardcover, approximately 2/3's of which is in the 0-75'
setback zone.
C) Aesthetically, the proposed screened porch which will be
relatively near the existing house and garage as compared to the
existing second story deck, will appear less obtrusive in the
landscape than the existing configuration.
D) There would appear to be no unnecessary hardcover available
that could easily be removed to provide a significant decrease of
hardcover on the property. .
E) Removal of hardcover near the � lake in exchange for an
equivalent amound of hardcover further from the lake, even though
• both removals and additions occur within the 0-75' zone, in this
case are considered as a positive improvement to the property and
to the environment since a greater buffer area between the hard-
cover and the lakeshore is obtained.
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 �
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 clo 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 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, 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, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to permit the
�struction of an enclosed porch and deck additions which will constitute
ditional structure and hardcover in the 0-75' lakeshore setback zone
where no such structure or hardcover is normally allowed, subject to the
following conditions:
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� Cit� o� ORONO
�<-� � RESOLUTION OF THE CITY COUNCI L ��
� NO. 2491
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1. Hardcover in the 0-75' zone on this property shall be allowed only
as follows:
House 1,577 s.f. �
Front Step 66 s.f.
Driveway 193 s.f.
New Screened Porch
& Upper-Level Deck 487 s.f.
Grade-Level Deck/Patio 368 s.f.
TOTAL 2,691 s.f. (29.6$) '
The proposed new construction constitutes 200 s.f. of additional
hardcover where no hardcover now exists, hence the property owner
shall remove a section of the existing concrete patio in an amount of
200 s.f. along the side of that patio nearest the lakeshore. •
2. The 200 s.f. patio hardcover removal shall be completed prior to
• footing inspection for the proposed new construction.
3. The applicant is advised that no future hardcover will be approved
, for this property, but that any future proposal to add hardcover on .
the property might be approved only in conjunction with concurrent
. removals of existing hardcover, resulting in no net increase in hard-
cover.
4. 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 (September
12, 1989).
5. 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.
6. 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 prope�ty.
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- � d Clt� of ORONO
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; `� RESOLUTION OF THE CITY COUNCIL
� N0. 2491
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Adopted by the Orono City Council on this 12th day of September,
1988.
ATT T: �
. � �_ �
othy M. alZin, City Clerk Jame R. Grabek, Mayor
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Property Owner(s)
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:: d City of ORONO
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�:"�'`=,� RESOLUTION OF THE CITY COUNCIL
; � NO. 2491 .
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• STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On thi s (.P�= day of � , 19 8 0
before me a t ry, Pub wit in 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. �
� G��.
'TFI�RE8A !,. NAAB NOTAR PUBLIC
I�TAlry plJBi10�MINNESOTA
HENNEPIN COUNTY
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MY. COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss. �.
COUNTY OF HENNEPIN ) ��
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On thi s �g� day of � O , 19 8�S, bef ore me :
a Not ry Public w thin and for sa'd County, personally appeared
;.
�j e,�(� � f'���Q�/ known to me to be .the �
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his '
(their) free act and deed. �
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NOTARY PUBLIC � �
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� � MY COMMISSION EXPIRES i
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