HomeMy WebLinkAboutResolution 2824 9" qO
E � SEE
City of OR N
IL
RESOLUTION OF THE CITY COUNCIL
NO. 2824
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C) ,
SECTION 10.22, SUBDIVISIONS 1 AND 2,
AND SECTION 10.55, SUBDIVISION 8
FILE #1465
WHEREAS, Gerald T. McCourtney (hereinafter "the applicant")
is the owner of property located at 1055 West Ferndale Road within the
City of Orono (hereinafter "City") and legally described as follows:
Exhibit A, attached, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances
to Municipal Zoning Code Section 10.03 Subdivision 15 (C) to allow the
construction of a 6' high fence along the street lot line where
maximum fence height of 3 1/2' is normally allowed, and a variance to
Section 10.22 , Subdivision 2 to allow hardcover on the property in
excess of the amounts normally allowed, and variances to Section
10.22, Subdivision 1 and 10.55, Subdivision 8, to allow construction
of a terrace patio area in the 0-75' lakeshore setback zone where no
structure or hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1465 .
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
June 18, 1990 and recommended limited approval of the requested
variances based upon the following findings:
A ) The applicant received 3 separate approvals for
hardcover increases in 1987 and 1988, resulting in approvals
for 369 square feet additional hardcover over and above that
which existed in 1987 and prior years .
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
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B) The most recent hardcover approval granted on November
28 , 1988 per Resolution #2546 , allowed no net hardcover
increase from previous approvals but allowed applicant to
trade off portions of driveway and sidewalk for other
specific additions.
C) In 1989 during the remodeling process, applicant
removed the circular deck on the lake side of the house for
convenience of construction. The applicant was unaware that
removal of that deck would require a variance to reconstruct
or replace it , because it encroached into the 0-75'
lakeshore setback zone.
D) In the current application, applicant proposes the
following improvements:
1 ) Construction of a loop driveway within the
property boundaries, constituting additional hardcover
in the 75-250' lakeshore setback zone.
2 ) Replacement of the formerly existing circular
deck, with a slightly smaller hardcovered terrace area,
encroaching into the 0-75' lakeshore setback zone.
3) Construction of sidewalks constituting additional
hardcover in the 75-250' lakeshore setback zone.
4 ) Construction of a 6' high fence along the street
lot line, exceeding the 3 1/2' height normally allowed
at that location, and constituting approximately 35
square feet of additional hardcover in the 75-250'
lakeshore setback zone.
5) Construction of retaining walls along the west end
of the house to accomodate grade changes previously
approved in that area, for an additional 68 square feet
of hardcover in the 75-250' lakeshore setback zone.
E) The proposed improvements would result in a net
decrease in hardcover in the 0-75 ' zone from 2. 9 %
(associated with the formerly existing circular deck) down
to 2.6% with the proposed terrace. No hardcover is normally
allowed in the 0-75' zone.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
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F) The proposed improvements would increase hardcover in
the 75-250' zone from the approximately 38.2% hardcover
allowed in past approvals up to 43.9%. Only 25% hardcover
is normally allowed in the 75-250' zone.
G ) The Planning Commission on November 20 , 1989
recommended approval of the 6' fence, finding that it
replaces a pre-existing 6' high stockade fence in the same
location. The proposed fence will be within the property
boundaries.
H) The Planning Commission at their June 18, 1990 meeting
recommended denial of the excess hardcover in the 75-250'
zone associated with the loop driveway, finding that the
excessive hardcover associated with such a driveway is more
of a concern than the possible safety and parking issues
suggested by applicant as justification.
I) At that same meeting, Planning Commission recommended
that the applicant be held to the previously approved
hardcover (calculated by staff at 2.9% in the 0-75' zone and
38.2% in the 75-250' zone). Planning Commission recommended
that applicant revise his terrace, sidewalk, and driveway
proposals as necessary to accomplish this.
4. The applicant has indicated a secondary proposal for
sidewalks and driveway that retains and slightly expands the
existing driveway and back-up apron , includes hardcover
associated with terrace, sidewalks, fence pillars, and retaining
walls with a hardcover increase in the 75 -250 ' zone to
approximately 41%. The City Council finds that the scope of
these proposed improvements is in keeping with the character and
size of the house, and the additional parking area will provide
for greater safety.
5. The Council finds that the proposed terrace construction in
the 0-75' zone, with the associated hardcover, will act merely to
replace a pre-existing deck in approximately the same location,
that the proposed terrace will be of less square footage and of
greater setback from the lake than the previously existing deck,
and that the applicant's intended temporary removal of the old
circular deck was understandable since that deck as it existed
had been previously approved, hence applicant should not be
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO.
ORONO
penalized by denial of the ability to replace that deck with a
terrace.
6. 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.
7. 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 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.
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
Section 10.03, Subdivision 15 (C) to allow the proposed 6' high fence
where only a 3 1/2' high fence is normally allowed, and grants
variances to Section 10.22 , Subdivisions 1 and 2 and Section 10.55 ,
Subdivision 8 to permit construction of a terrace partially located in
the 0-75' zone where no structure or hardcover is normally allowed,
and to allow hardcover in the 75-250' zone at a level of 41%, subject
to the following conditions:
1. Hardcover and structure in the 0-75' lakeshore setback zone
shall be limited to 425 square feet (2.6% ) per the site plan
attached as Exhibit B. Any future proposed revisions to that
plan which result in a greater encroachment of the lakeshore
setback or increase hardcover above the approved limits, will not
be approved.
2. In the 75-250' lakeshore setback zone, applicant shall limit
hardcover to 6833 square feet or 41.0%. Applicant is advised
that the only increase above this amount in the 75-250' zone
would be by an equivalent reduction of the 425 s. f. of hardcover
allowed in the 0-75' zone.
Page 4 of 7
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
•
NO. 2824
•A• •
3. Any modifications to the "open" character of the 6' high
approved fence along the street lot line, will require further
Council review.
4. Prior to construction of the fence, sidewalks, and terrace,
applicant shall provide for staff review and approval a hardcover
plan indicating the final dimensions and location of sidewalks,
terrace, driveway, and fence, indicating any proposed hardcover
removals to maintain hardcover at the allowed percentages.
5. Authorities granted by this variance 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 (July 9 , 1991 ) .
6. 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.
7. 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 9th day of July,
19
ATT ST:
6 othy M allin, City Clerk James R. Grabek"7Rayor
,y
Prop rty Owners )
Page 5 of 7
City of ORONO
RESOLUTION OF THE CITY COUNCIL
r,=
NO. 2824
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
9th day of July, 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.
THERESA L. NAAB yn'1
NOTARY PUBUO-MINNESOTA Notary Public
My ccommiissssiionJ eCO"9NT8,92
My Commission Expires
Page 6 of 7
City of ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 2824
• I
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of T,, ( 1990-
before
990-
before me /a Notary Public within and for id county, personally
appeared l �. (d 1C lVL✓known to me to be
the person( s ) described in and o executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
I
NOTARY PUBLIC
isTHERESA L NAAB
NOTARY PUBUO-MINNESOTA
HENNEPIN COUNTY
My commission expires 841-92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �� day of Lt fi— 199 Q before me
a N ary Publiq within and for aicV County, personally appeared
f known to me to be the
person(s) described i d who executed the foregoing instrument,
and acknowledged that he (they ) executed the same as his
(their ) free act and deed.
NOT
NOTARE PUB C- M MINNESOTA
HENNEPIN COUNTY
My Commission expires 9-8-92
MY COMMISSION EXPIRES
Page 7 of 7
EXHIBIT A L`
RESOLUTION NO. �ez7
LEGAL DESCRIPTION
That part of Tract B, Registered Land Survey Number 1372 , FiL'es of the
Registrar of Titles, Hennepin County, Minnesota, lying westerly of the
following described line and its northerly and southerly extensions:.
Commencing'at the northwesterly corner of said Tract B, thence southeasterly
along the northeasterly line of. said Tract B a distance of 147.85. feet to
an iron -monument being the point of beginning of the line to be described; -
thence southerly deflecting to the right from the last described course
68- degrees, 11 minutes, 30 seconds, a distance of `100 feet to an. iron
monument ; thence continuing sout-herly on the extension of thc •last described
course to - the shoreline of Lake Minnetonka and said line there terrpinating. .
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GERALD MCCOURTNEY RESIDENCE
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1055 Ferndale Road West ""'~^�~^•^ "^-
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Orono, Minnesota
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RESOLUTION #2824
STATE OF MINNESOTA= )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono , Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said'City Council at a meeting of said City Council held
on July 9 , 1990 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof , I have hereunto set my hand and seal this
15th day of August 1990
orothy . Hallin, City Clerk
(SEAL)