HomeMy WebLinkAboutResolution 2483CITY
. OF
ORQMP
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2483_
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 fi 2
AND SECTION 10.55, SUBDIVISION 8 -
FILE #1200
WHEREAS, Wendy VJeihe (hereinafter "the applicant") is the owner
of the property located at 1376 Baldur Park Road within the City of Orono
(hereinafter "City") and legally described as follows;
Lot 20 and that part of Lot 21, Block 1, "Baldur Park" described as
follows: beginning on the meander line at the Northeasterly corner of
said Lot 21; thence Northwesterly on said line a distance of 50' to
the Northwesterly corner of said Lot 21; thence Southwesterly on
the Northwesterly line of said Lot 21 a distance of 23'; thence
Southeasterly to a point on the Southeasterly line of said Lot 21,
66.5' Southwesterly from said Northeasterly corner; thence
Northeasterly on said Southeasterly line 66.5' to the point of
beginning, Hennepin County, Minnesota (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 allow the construction of additions to the existing
residence, such additions being less than the required 75 setback from the
shoreline of Lake Minnetonka and constituting hardcover in the 0-75' and
75-250' lakeshore setback zones in excess of the 0% and 25% hardcover
percentages normally allowed in those respective zones.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1280.
2. The property is located in the LR-IC Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this ujjplication on June
20, 1988, and recommended approval of the proposed variances based
upon the following findings;
A) The area of the property is approximately 13,450 s.f., of
which 10,800 s.f. is located within the 0-75' setback zone.
Page 1 of d
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2483_ _ _ _ _
B) The existing residence structure is located 28' from the
shoreline with a second story deck located 20' from the
shoreline. Existing hardcover on the property in the 0-75' zone
is 30.4% and in the 75-250' zone is 49.0%.
C) The proposed additional structure includes completion of the
second story over the entire existing house, with a 3-level
addition between the existing house and the garage, plus a new
second story deck at the northwest end of the house. None of the
additions will be closer to the lake than the existing house and
deck.
D) The applicant's original proposal showed a reduction in
hardcover in the 0-75' zone from 30.4% to 30.1%, and from 49.0%
to 44.4% in the 75-250' zone. The initial Planning Commission
review of that proposal resulted in direction from the Planning
Commission to further reduce hardcover on the property, hence
applicant returned with a proposal for 30.0% in the 0-75' zone
and 38.9% in the 75-250' zone. The Planning Commission found
this substantial hardcover reduction to be a positive aspect of
this application and recommended approval.
E) Due to the fact that this property has lakeshore on 2 sides,
with a relatively small area in the 75-250' setback zone, the
property has some unique hardships in that it could not support
any additions without variances.
F) The proposed additions will create no significant visual
encroachment of views enjoyed by neighboring property owners, and
will not be visually obtrusive within the landscape due to
the topography within the immediately adjacent areas.
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
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
CITY
^ OF
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2483_ _ _ _ _
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Sections
10.22, Subdivision 162 and Section 10.55, Subdivision 8 to permit the
construction of additions to the existing residence which will constitute
additional structure and hardcover in the 0-75' zone where no hardcover or
structure is normally allowed, and which will constitute hardcover in the
75-250' in excess of the 25% hardcover normally allowed, subject to the
following conditions:
1. Hardcover on the property is allowed only as follows and per the
site plan attached as Exhibit A:
House plus addition 1529 s.f.
Deck plus stairs
Sidewalks
Garage
Driveways
Retaining walls
Total
605
157
637
s.f.
s.f.
s.f.
1303 s.f.
43 s.f.
4274 s.f..
of which 3242 s.f. is within the 0-75' lakeshore setback zone and
1032 s.f. is within the 75-250' lakeshore setback zone.
All other existing hardcover including decorative rock beds
underlaid by plastic sheeting shall be removed prior to final
inspection and occupancy of the additions. The applicant is advised
that any future proposal to increase hardcover on the property will
not be approved, but might be approved only in conjunction with
concurrent removals of existing hardcover, resulting in no net
increase of hardcover.
2. The applicant is advised that the lower floor level
addition shall be at an elevation of 932.5' or higher.
of the
3. The applicant is further advised that if for some reason the
foundation of the existing house has to be replaced, that further
Council review may be required to determine whether a relocation of
the house is required.
4. Authorities granted with this resolution 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 (August 8,
1989).
Page 3 of 5
CITY
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.2483
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 shall 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 herself, her heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
1988.
Adopted by the Orono City Council on this 8th day of August,
—\l) n xi
Hallin, City Clerk^ Jamei R. Grabek, Mayor
Page 4 of 5
CITY
OF
PRQMC^
City of ORONO
RESOLUTION OF THE CITY COUNCI L
NO. 2483
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of 198^____ . /96Cc uS t
lablic ,within and for/I
__ _ _ _tu [jJe^th'P_ _ _ _ _ _ _ _ _ _ _
the person(s) desrcribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
before me a Notary Public ,within and for'said county, personally
liJpnriu [Jejhf ‘ ■ *appeared known to me to be
THERESA L. NAAB
HOTMV PUBLIO • MINNESOTA NOTARY PUBLIC
/l J?^
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 5 of 5
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