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Home My WebLink AboutResolution 2898 . ; I� Cit of ORONO � � • Q� RESOLUTION OF THE CITY COUNCIL . � ` . NO. 2898 • - • • A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 � 2 FILE #1579 WHEREAS, Garry and Marie Everson (hereinafter "the applicants") are owners of the property located at 4755 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: The Southeasterly 1/2 of Lot 7 , and Lots 5 and 6, Bergquist and Wicklunds Park, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have applied to the City for variances seeking after-the-fact approval for construction of a deck located lakeward of the defined average lakeshore setback -• line where no such encroachment is normally allowed per Municipal Zoning Code Section 10.22 , Subdivision 1 (B) , such structure being located less than the 10' side yard setback required for such structures per Section 10.24, Subdivision 5 (B) and such structure increasing hardcover in tYie 75-250' lakeshore setback zone in excess of the 25� normally allowed in that zone per Section 10.22, Subdivision 2; and WHEREAS , after initial review by the Planning Commission and City Council , the applicants revised their proposal to omit the request for the side setback variance, proposing to remove all deck portions not meeting the required 10 ' side setback. ' NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1579. 2. The property is located in the LR-1B Single Family Rural Residential Zoning District. Page 1 of 5 • 5 � ,J ;�:-c�:::A_ C�t� o� ORONO • � , RESOLUTION OF THE CITY COUNCIL � ' NO. �a sz • - • • 3. The Orono Planning Commission originally reviewed this application on August 20 , 1990 and on a vote of 4-1 recommended denial of the hardcover and side setback variances, finding no justification for approval. On September 24 , 1990 , the City Council reviewed the application and voted 4-0 to conceptually deny the request. At the Council meeting of October 8, 1990, the applicants proposed to revise their request to omit the need for a side setback variance. The Council referred the matter back to the Planning Commission. 4. The Orono Planning Commission reviewed the revised application on October 19, 1990 and recommended approval of the revised variance request based upon the following findings: A) Applicants have agreed to remove all portions of the deck less than 10' from the side lot line, thereby eliminating the need for a side setback variance. • B) Applicants further proposed to replace the rock and plastic on the north side of the house with grass, � yielding a final 75-250' hardcover of 49.9�, below the currently. existing 57.3� and below the 54.7� hardcover that existed before the new deck was constructed. C) Retention of the portions of deck encroaching past the defined average lakeshore setback line will not have any impact on existing lake views enjoyed by neighboring property owners. . 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 cominunity. 5. The City Council f'inds 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 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 :;,�:-s:-. c�t� o� oR,oNo � . :: • � � RESOLUTION OF THE CITY COUNCIL � NO. 2898 • - • • CONCLUSIONS, ORDER AND CONDITIONS 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, Subdivisions 1 and 2 to permit the construction of a 398 s.f. deck plus a 4' wide stair- way, such deck and stairway constituting hardcover in the 75-250' zone in excess of the 25$ normally allowed, and such deck encroaching 10' past the defined average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: 1. Applicants shall remove all portions of the currently existing deck which are located less than 10' from the side lot line, such removal to occur no later than June 1, 1991. 2. Applicants shall remove 664 square feet of crushed rock/plastic hardcover area between the house and the road and replace this area with sod, such removal and sodding to • occur no later than June l, 1991. 3. Applicants are advised that hardcover on the property in � the 0-75' and 75-250' zones may not exceed the amounts and percentages as shown on the survey and table attached as Exhibit A. In the 75-250' zone, final hardcover shal.l not exceed 49.9�. Any future proposals to increase hardcover on the property in the 0-75' and 75-250' zones will not be allowed, but might be approved only in conjunction with concurrent removals of existing hardcover, yielding no net hardcover increase. 4. Applicants shall pay to the City an after-the-fact investigation fee in the amount of $175.00 as provided in City Cauncil Resolution #1306. 5. Applicants shall obtain an after-the-fact building permit for the portions of deck and stairway to remain, and furthermore shal 1 brin�g such remaining deck into compliance with all building code requirements as may be required by the Orono Building Inspector. 6. Authorities granted by 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 (November 13, 1991). Page 3 of 5 ' . �� ,�, . Clt� of ORONO • � , RESOLUTION OF THE CITY COUNCIL � NO. 2898 � - • • 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of November, 1990 . ATT T: • orothy M allin, City Clerk E war J. Ca a an, Jr. , yor 1 ' � Prop rty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of November, 1990, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City oF Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �SA �'�MN E OTA '�HY p�BU�CpUNtY � �H N�� Notary Public Page 4 of 5 • ,. �` � � 3��- Cit� o� ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. ��caQ • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �-��y day of �.e-sC1�u2 199� ` before me a Notary Public withi��} and for said ounty, personally appeared /}') A�21E .�d�SON 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. Jeanne M. Giibert �` . ;��{.� NOTARY PUBLIC.MINNESOTA . i��' RAMSEY COUNTY �T' RY PUBL . '-�za• MY COMMISSION EXPIRES OCT. 5, 1998 � MY COMMISSION EXPIRES � STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ' On this �_ day of , 199�, before me a Notary Public within and for sai unty, personally appeared ' �-f�R l��/ �ll C=�� known to me to �e 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. . . . Jeanne M. Gilber6 _ �• NOTAfYY PUBLIC-MINNESOTA � N`O�'ARY PUBLI -� `x '�� RAMSEY COUNTY / / �i;•� MY COMMISSION EXPIRES OCT. �J, 1$96 . v MY COMMISSION EXPIRES � Page 5 of 5