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Home My WebLink AboutResolution 2457 .d. .r�:•r=,.. . ' . �,�� c�t o� oR,oNo �. � i f f.:� _ �;:,`, � RESOLUTION OF THE CITY COUNCIL ',� . , � NO. 2457 �• � • • 1 � . A RSSOLDTION GRANTING VARIANCLS TO MUNICIPAL ZONING CODB SECTION 10.22, SDBDIVISIOI�S 1 & 2, - - AND SECTION 10.55, SIIBDIVISION 8 FILE #1268 . WH$R$AS, Donald Peterson (hereinafter "the applicant") is the owner of the property located at 3048 North Shore Drive within the City of Orono (hereinafter "City") and legally described as fol lows: � �� . 3 a That part of Blocks 1 and 5, and that part of vacated View Avenue, all ,�. in "Crystal Bay Park" lying easterly of a line described as beginning '� at the most Easterly corner of Lot 12 in the said Block 5, thence � Northeasterly 96.4 feet along the Southeasterly line of said B1ock 5, '�- thence def lecting to the left 93 degrees 27 minutes to the shore of " . Ma�aell Bay and lying Westerly of a line described as beginning at the most Easterly corner of Lot 7, in said Block 5, thence Southwesterly ; � along the Southeasterly line of said Block 5 a distance of 38.6 feet, thence def lecting to the right 83 degrees 11 minutes to the shore of Maxwell Bay, Hennepin County, Minnesot�a (hereinafter "the property"); and . � WH$RBAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 & 2 and Section 10.55, � Subdivision_8 to permit the construction of a deck which will encroach 5' �� into the required -75' lakeshore setback where no structure or hardcover is �•' normal ly allowed, and to permit construction of a room addition, such room '� addition and deck portion comprising hardcover in the 75-250' lakeshore ' setback zone in excess of the 25$ hardcover normally a1 lowed in that zone. •� :.s NOW, TH$R$FORl3, B$ IT R$SOLV$D by the City Council of Orono, ' Minnesota: 'f . FINDINGS 1. This application was reviewed as Zoning File #1268. . 2. The property is locatea in the LR-1B Single Family Lakeshore Residential Zoning District. ��- 3. The Orono Planning Commission reviewed this application on June 6, ; 1988, and recommended approval of the proposed variances based upon • the following findings: ' �� .. � • Page 1 of 5 � �s x . �? --- i _ :�� '_ .-' . , . "� . . , ' '__ . 1� _ � • f',�. .. , . � � � r:.;, d Clt of ORONO ,,� � • ' �� . RESOLUTION OF THE CITY COUNCIL ?':,� NO. 2457 � .� • • • ` A) The existing house extends into the 0-75' lakeshore setback zone. The proposed deck is proposed to be located adjacent to a portion of the house that is more distant from the lakeshore than . . �the closest point to the lakeshore of the existing house. The proposed deck will constitute new structural hardcover in the 0- 75' zone, but will have no effect on neighboring views of the lake. The proposed deck location is less obtrusive than if it was placed further north on the property. B) The site plan of the existing house on this long, narrow lot precludes a more conforming layout of their proposed addition, given that the existing house already encroaches partially into the 0-75' setback zone. C) The large non-hardcovered yard area helps to decrease the effect of hardcover on the property. The total hardcover that would be allowed on the property would be 13,400 s.f. The proposed hardcover is just over 9,000 s.f. The lot area is • approximately 1.15 acres. D) The app licant can remove areas of non-structural hardcover in the 0-75' zone that will result in a net decrease in 0-75' � hardcover of approximately 66 s.f. or 1�. Additionally, non- � structural hardcover in the 75-250' zone can be removed so that, ' in conjunction with the proposed deck and addition, the net - hardcover increase is 244 s.f. or 1.5$. This results in final : hardcover on the property of 8.6� in the 0-75' zone and 34.6$ in the 75-250' zone, and leaves 9.6� in the 250-500' zone where as • much as 30$ would normally be allowed. 4. The City Council has considered this application including the � findings and recommenaations 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 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. � Page 2 of 5 ; � i . � [ � � i iH� r� , "� Cit of ORONO �.� _ - �' `r�.{ . �.' • � RESOLUTION OF THE CITY COUNCI L .r„ Y'� � � NO. 2457 ;,.,� ..� :.a • � • • 4 . i�n . ;pyY ��') • __- K~,* - ;^� • CONCLIISYONS, ORDffit AND CONDITIONS - .:� '"� - Based upon one or more of the findings noted above, the Orono � City Council hereby grants a variance to Municipal Zoning Code Section w� 10.22, Subdivision 1 to permit the construction of a deck which encroaches �� no more than 5' into the 75' required lakeshore setback, and grants a .;:� _ variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 8 to 4'� permit the construction of deck and room addition which comprise additional :�;� harcicover_ in the 0-75' and 75-250' lakeshore zones, in excess of the =; hardcover percentages normally allowed in those zones, subject to the ,^; following conditions: '+n �� 1. Hardcover allowed on the property is as follows: 0-75' : (area = 6 ;300 s.f. ) � :: House 430 s.f. . - ------ Deck 112 s.f. -_-} _ _ Total 542 s.f. (8.6$) .:_'�• — Applicant shall remove 178 s.f. of plastic from existing Iandscape beds in the 0-75' zone, prior to final inspection of the proposed room � addition: 75-250' : (area = 15,900 s.f. ) ' . House 2,436 s.f. �`�; -- -- Concrete and Steps 371 � s.f. _ ��f�- Shed Portion _ 6 5 s.f. " ,� � Driveway 2,084 s.f. New Deck Portion 208 s.f. �t ; New Room_Addition 336 s.f. --� - - �— Total 5,500 s.f. (3�.6$ ) f `� - - Appfiicant shall remove the 20 s.£. of steps on the east side of the _ _ __. -= house, and 280_s.f. of plastic underlaid landscaped beds in the 75- �� 250' zone, prior to . final inspecti�n of the proposed room addition. ; _-__ - _ �r =2.— =Applicant°-is-advised that no future hardcover will be allowed in .;�--- ^ - the 0-75' and -75-250' zones on this property, and that any future �_=- proposal to increase hardcover on� the property will not be approved, �'°' - but might be approved only in conjunction with removal of an -'? - -� -_ equivalent amount of existing hardcover, resulting in no net increase - in hardcover. . -- 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 �his variance wil 1 expire on that date (June 27, -� �� • " 1989) . . ` " � • -- � � � � Page 3 of 5 � . � } _ __ _- - _ ' - �4� - - �� - ' . '�'�� _. _ �_ 1� . „.:_ . ” . ? r��T_=� � c�t o� oR,oNO � _ � • �� - - ,��., � �;�;$� RESOLUTION OF THE CITY COUNCIL 4 j1 r }S:;, r .� NO. 2457 . ,..�• ' • � ' . 4. � io ation 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 shall be punishable as a misdemeanor. 5. 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 27th day of June, 1988. ATT ST: ' �� . Dorothy . Hallin,- City Clerk James R Gr e Mayor Edward . �all an, Jr. , Actin Mayor � ' SProperty Owner(s) : # � ' � , Page 4 of 5 ' � • � t � : � � ; . � ; . . Y"fi 'f i1.. � t �_... ��L d City o� ORONO � 1Y C �� RESOLUTION OF THE CITY COUNCIL �� ,4 ` } 2457 . _ ,,," � _ NO. � =��,,;.� � � • i STATE OF MINNESOTA ) ) SS. .._COUNTY OF HENNEPIN ) -- --0n this day of �(�I . 198� before me Notary Pu li within and for s id county, personally � appeared V� SO 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. - - TNER�A L NMe — � ��p�up.µ1NNESOTA NOTA PUBLIC - _- 1b��'it'ti°"°xPk°'N°-s�92 �- _ -- --- _ - _ -- ��qa � � MY COMMISSION EXPIRES - STATE OF MINNESOTA ) . _ _ )ss.____._ COUNTY OF HENNEPIN ) - On this �� day of J vt � , 1980, before me � a otary Publ ' c within and for said ounty, personally appeared _ S, /� _ ,rSOr� known to me to be the perso s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �/aa�- NOTARY PUBLIC � ?HERE8A L. NAAB ��j� � ��py p�gUC-MINNESOTA / ��N�a mCcp��r�N� MY COMMISSION EXPIRES � � � Page 5 of 5