HomeMy WebLinkAboutResolution 2896 � `a � . . . t � .. �
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� RESOWTION OF THE CITY COUNCIL :
� . NO. 2896 ,
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, • A RESOLDTION GRANTING ' ,
� � A VARIANCE TO
� � MUNICIPAL ZONING CODE � �
, SECTION 10.22, SDBDIVISIONS 1 & 2 ' �
` FILE #1597 �
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' � WHEREAS, Ralph D. Burgess (hereinafter "the applicant") '
`� 'is ;the' owner of the property located at 2610 West Lafayette Road ` � ;
� � �-�y�,within the City of Orono (hereinafter "City") and . legally .,�
i described as follows: �
� ; , • . All of Lot 11, Shorehills, Hennepin County, Minnesota except "
, the southeasterly 15' , front and rear, (hereinafter "the .
' property���� and `,,..� , ; . .
. , � WHEREAS, the app 1 i cant has app 1 ied to the City f or a
,��, variance to Municipal Zoning Code Section 10.22, Subdivisions 1
: , :''and 2 to permit the construction of a 12'x21' deck located �55' �
from the shoreline of Lake Minnetonka where a 75' setback is
' • ;��' normally required, and constituting hardcover in the 0-75' zone �
� ,where hardcover is normally not allowed, and encroaching past the � .
'' defined average lakeshore setback line where no encroachment � is
`' normally allowed. � .
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota: .
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FINDINGS - . �
' : ���; • 1. This application was reviewed as Zoning File #1597. � . � �
2. The property is located in the LR-1B Single Family , .
. � Lakeshore Residential Zoning District.
1: 3. The Orono Planning C mmission reviewed this application
� , on October 15 , 1990 , and recommended approval of the ,
�` t proposed variances based upon the following findings: ' �
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�. : A) A 12 'x2�1'�'`'deak existed in the proposed deck � .
location unt'il ;September 1990. During the remodeling
of the residence, a miscommunication between the
�. applicant' s project manager and a subcontractor
resulted in removal of the 12'x21' deck. Replacement
of the deck in kind requires variance approval.
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; C�t� o� ORONO
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• � RESOLUTION OF THE CITY COUNCIL
. �, NO. 2896
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B) While the deck constitutes hardcover and structural
encroachment in the 0-75' zone, the replacement of that
deck results in no increase in hardcover or
encroachment from the deck which was previously
existing at that location.
C) Hardcover in the 75-250' zone is 33.7�. Hardcover
in the 0-75' zone is 7.9$. Planning Commission finds
that replacement in kind of the pre-existing deck at
its original 12 'x 21' footprint size, does not
constitute an increase in hardcover on the property and
therefore no concurrent hardcover removals are
required.
D ) The Planning Commission further recommended
approval of a standard 36 " railing around the
approximately 1' high deck. The Planning Commission
finds that such a railing will not result in an
intensification of the average setback encroachment
created by the pre-existing deck, nor will replacement
• of the deck or addition of a railing have a significant
effect on 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 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 al leviate
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.
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� • � RESOLUTION OF THE CITY COUNCIL
� � . NO. 2896
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� CONCLIISIONS, ORDffit AND CONDITIONS
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s Based upon one or more of the findings noted above, the
fOrono City Council hereby grants a variance to Municipal Zoning
4 Code Section 10.22 , Subdivisions 1 and 2 to permit the
� construction of a 12'x21' deck with railing to replace a pre-
existing deck at the same location within the 0-75' lakeshore
setback zone, subject to the following conditions:
l. Applicant is 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. Any future proposals to increase hardcover on
the property in those zones will not be allowed, but might
be approved only in conjunction with concurrent removals of
existing hardcover, yielding no net hardcover increase.
2. Authorities granted by 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 wil 1 expire on that date (October 22, 1991).
� 3. Violation 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.
4. 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 22nd day of October,
1990.
ATTE
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� or thy llin, City Clerk Jame�s R. Grabek, M
V
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• Prop rty Owner(s) �
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� � RESOLUTION OF THE CITY COUNCIL
� NO. 2896
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STAT�O MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 22nd day of October, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA ' � /�� A J
HENNEPIN COUNTY � (/Jc�c_�
W►y commisslon expl�es &12-�8 Notary Public
) SS.
COUNTY OF HENNEPIN )
On this 3� �-� day of �C�i`JO� . 19 9 C�
• before me a ot ry �ub ' c within and for said county, personal�
appeared .
known to me to e the pers (s) scribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�,. JONN L. CAMP
NOtary PuDllc-M�nnesota
Mennapm Goun[p
My Comm. Exp 9-t 3-95
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199_, 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
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