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Home My WebLink AboutResolution 2461 __ ,..,� . • .� t� -- Ci.t o� ORONO � • RESOLUTION OF THE CITY COUNCIL , .� `; '� NO. 2461 • ' • • ` - A RESOLIITIOId GRANTING AFTSR-TH$-FACT VARIANC$S TO MONICIPAL ZONING CODB SSCTION 10.22, SIIBDIVISION 1 (B) AND SECTION 10.22, SIIBDIVISION 2 FII,$ #1284 WHBRLAS, Douglas Rirchner (hereinafter "the applicant") is the owner of the property located at 1520 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of government Lot 1, section 9-117-23 described as follows: commencing at a point on the west line of said section 9 400 feet north from the southwest corner of said section; thence north along said west line of said section 100 feet; thence east parallel to the south line of said section to the shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line t parallel with the south line of said section 9 to the point of • beginning. (Hereinafter "the property"); and WH$REAS, the applicant has applied to the City for After-the-Fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 that would allow a lakeside deck constructed without the required building permit to remain that would extend 26' in + front of an average lakeshore setback line and would requ3re approval of a . hardcover variance within the 75-250' setback area of 597 s.f. or 3.4$. NOW, TH$R$FOR$, BE IT R$SOLV$D by the City Council of Orono, �Minnesota: FINDII�IGS '-i 1. This application was reviewed as Zoning File #1284. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring a minimum of 1 acre in area. The property consists of 35,900 s.f. or .82 acres in area. � 3. The Orono Planning Commission reviewed this application on June 6, t 1988 and recommended approval of the After-the-Fact variances as , � amended based upon the following findings:. ' A) The higher elevations of the property on the north side tend ,j fE to lessen the impact of the grade level deck on the property to ; ° • the north. :fi � Page 1 of 4 r � ---__ - - . 7, �� - _- , - ,--- _� �_ - - � ° � Cit of ORONO �. � • R�SOLUTION OF THE CITY COUNCIL � � -... - j(� N0, , 2461 '_• - • • ` __ B) The plantings along the shared lot line on the north side tend to lessen the impact of the structure by providing natural screening. -� - C) The viewing windows for the residence to the south of the -- property are angled away from the structure facing to the south and as a result, the deck structure provides no visual impact for the residence. D) Both effected property owners have submitted letters approving the sub�ect structure. -- E) The west half of the property that contains the majority of - hardcover drains away from the lake and towards Bohns Point 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. • 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 v_ 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. - --- -- - CONCL�TSIONS, ORDER AND COA�DITIONS :- � Based upon one or more of the findings noted above, the Orono - City Council hereby grants After-the-Fact variances to Municipal Zoning Code Section 10.22, Subdivisian 1 (B) and Section 10.22, Subclivision 2 to allow the existing lakeshore deck to remain as constructed without any alterations, subject to the following conditions: 1. Applicant must remove specif�ic areas of existing hardcover as set _ __forth in the survey by Mark S. Gronberg dated 6/22/87, revised date � - 6/15/88 setting forth the following removals: ; - - - A. 0-75 ' setback area 199 s.f. or 2.65 $ to be removed , resulting in a total hardcover of 267 s.f. or 3.56$. r ; • B. 75-250' setback area 489 s.f. or 2.79& to be removed, ::� resulting in a total hardcover of 4,637 s.f. or 26.4$. '.� -- - �— -- - -- -- - Page 2 of 4 _�. _ _ , __ y�_ . - __- ._..-,.+-t_'_ _ - -= Y .� t• ,._- _ _ -. � t ----- -- � �. - --. Cit of ORONO � • }��, R�SOLUTION OF THE CITY COUNCIL � - � � NO. 2461 • ' • • ` - C. 250-500' setback area total removal of 380. s.f. or 3.5$ resulting in a total hardcover of 3,820 s.f. or 35�. The removal — --- - of the hardcover to-be completed by September 1, 1988. 2. - Applicant is placed on notice that the City will not approve of any further additions ta this deck structure that would result in - - additional hardcover. - � -- 3. The existing structure must be inspected by the Orono inspections ---- - department to determine if said structure conforms to all required standards of the Uniform Building Code. 4. Authorities granted with this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining the required building permit by September 1, 1988. The -�- - -bu`ilding permi•t shall-include the -existing deck and alteration of • pump-house shed in lakeshore yard. A penalty fee wil 1 be included in the cost of the building permit. � 5. Violatian of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall 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 property. - : - --__ _ _ ,. �_. Adopted by the Orono�- City Council on this- 27th day of June, 1988. ATT T: =_"-_r _. ---�- -- -�-�- -- — .- ".._`_ ` - _-_.-- _ _-- � - -- . �ts �%%' /- - : ._.---- . D othy� a1Tin, City Clerk E ward J. Calla n r. , Acting or =� _� ` - _ - - - - -- --- - :� - _-� � � . "(�i4 G, .►� �� Propert Owne ) � � _= -- - - _ _ �. � C _- ._ _ - - -_-_ .- .`_ _ _ _ r�. `t� Z .. _ - _ - ___ _ � �}. _ _ -_ _ _- -- Page 3 of 4 r. - - -,- - >_ _ -� - - - -- - ----- - - -_- -- .,,.t t:_ _ , f.a. _ _ - _ -- - - - ----- __. �_ -- -- � � --- - - --- -- z�---=_--- - - - � _ __ _. � _. ____. - - -_-- - -- --_ . .._.._ t - - _ _ - � - _ -- ____ � ._ 1 ' - _�- - - _ __ � -- • � �+• � ' .. , � , - . :�� . � Cit o� ORONO � � ,�; � RESOLUTION OF THE CITY COUNCIL ; ``� NO. 2461 � • • • ' STATE OF MINNESOTA ) ) ss. . ____ COUNTY OF HENNEPIN ) � On this �L day of -� � ► 198� before me a o ary ubl ' within an f sai ' county, ersonally appeared �` � known to me to e the person(s) described in and w o ecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �L��% THERE8A L. NAAB NO ARY PUBLIC � �'�Y PU8U0�MINNE80TA Mt► EN°°�°N�N� . � �-�--9a MY COMMISSION EXPIRES ` STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) O this �' day of (�( GLcS� . 1980, before me a otar Public w'thi a�for sai County, personal ly appeared . � � known to me to be the person ) described in and who executed the foregoing instrument, � and acknowledged that he (they). executed the same as his (their) free act and deed. i - �l.(.�`� ' � NOT Y PUBLIC � . ;j THEAEp�SA��»µINNAF.8�TA ; � �HEN�� : n-.�9� ' ;�� , � � �; MY COMMISSION EXPIRES I i i __ _ Page 4 of 4 :;�: _ _-- _ , -- , ,