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Home My WebLink AboutResolution 2849 I � . :� �t . . , � .4: F • . � C�t� o� ORONO ; � • , z: � .: ; -° � RESOLUTION OF THE CITY COUNCIL I -��`:;�, " i �u= NO. 2849 '� � � ._� � .�.a'... . i , ' � A RESOLUTION GRANTING ; � A VARIANCE TO � � � MUNICIPAL ZONING CODL � SECTION 10.22, SUBDIVISIONS 1 & 2 ' � FILE #1557 ; � � WHEREAS , Michael J. Cullen (hereinafter "the , � � applicant") is the owner of the property located at 2700 Pheasant I Road within the City of Orono (hereinafter "City") and legally ' � described as follows: ' ( i � Lot 18 and all that part of Lot 17 lying North of a line ; ' ! running from a point in the Northerly line of said lot, � � distant 64.25 feet Easterly as measured along said Northerly � line, from the Northwest corner of said lot to a point in ! . the Easterly line, 25 feet Southerly, as measured along said � ; Easterly line from the Northeast - corner thereof, "Pheasant , I Lawn", according to the plat thereof on file and of record ' in the office of the Registrar of Titles , in and for ' • Hennepin County, Minnesota (hereinafter "the property") ; and ' , WHEREAS, the app 1 icant 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 pool and associated patios � areas located on the lake side of the residence, such patios � � constituting additional hardcover in the 75-250' lakeshore � . setback zone in excess of the 25� hardcover normally allowed, and � such pool and patios encroaching 74' past the average lakeshore ; setback line where no encroachment is normally allowed. � NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of ` Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1557. �2. The property is located in the LR-1B Single Family ; Lakeshore Residential Zoning District. ' 3. The Orono Planning Commission reviewed this application on July 16, 1990, and on a vote of 3 in favor, 1 against, ! and 1 absten°tion, recommended approval of the proposed variances based upon the following findings: • A) The topography and relative elevations of the ' proposed construction and the neighboring residences is such that no existing lake views enjoyed by neighboring property owners will be encroached by the proposed improvements. Page 1 of 4 � ,, � . .. ' .� �� yn, *t� c�t� o� oR,oNo ' C.y.'. .�. ; ,�k x7, . • ,.,�.�' , . `. 1�1v1iFf �.`, RESOLUTION OF THE CITY COUNCIL � NO. 2849 • - •. • . B) The applicant' s proposal to remove plastic underliners from existing landscape rock beds on the property to make them non-hardcover is appropriate and will result in a net reduction in hardcover on the � property from 29. 0� down to 26.3� in the 75-250 ' zone. 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 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. . �, CONCLDSIONS, ORDER AND CONDITIONS � Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22 , Subdivisions 1 and 2 to permit the construction of a pool and associated patios in the lakeshore yard, such pool and patios comprising hardcover in excess of the 25� hardcover normally allowed in the 75-250' lakeshore setback zone, and such improvements encroaching 74' past the average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: l. Hardcover in the 75-250' zone is approved at a level of 26.3�. All existing and proposed hardcover approved with _ this variance approval is recorded in the calculation worksheet and diagram attached to this resolution as Exhibit , A. The current owner and all future property owners of this property are placed on notice tYiat hardcover shall not be increased above the currently approved level, and any proposed improvements of this property that will result in additional hardcover must be approved by the City. Such • approval may result in a requirement for concurrent, equivelant or greater removals of existing hardcover. All existing hardcover scheduled for removal as a condition of this resolution must be removed prior to the footing inspection for the new construction. � Page 2 of 4 . �� Clt o� ORONO �- ti��:�� . • `; j �._, ;: . C�? . ,;' RESOLUTION OF THE CITY COUNCIL � NO. 2849 • - • • 2. All plastic or fabric underlining existing rock beds on the property shall be removed prior to the footing inspection for the proposed pool and patios. Those removals are noted on Exhibit A. 3. The property owner is placed on notice that the existing boat house in the 0-75' lakeshore setback zone is considered as a non-conforming structure, subject to the pertinent zoning code sections which regulate such structures. 4. 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 will expire on that date (August 13, 1991). 5. 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. 6. 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 13th day of August, 1990. � AT E T: � 0 othy M allin, City Clerk Jam s R. rabek, � r � Property Owner(s) . . Page 3 f 4 � • � ' .. ,. •. ��'� -��` Cit� o� ORONO � . �:� � � � � � :� �� r` RESOWTION OF THE CITY COUNCIL �� NO. 2849 • - • • � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 13th day of August, 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. �.. . Charlotte A. Knutson �. NOTARY PUBLIC - MINNE50TA � NENNEPIN COI;NTY My r,ommission expires 7-15-93 . •r. Notary ublic STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) • On this /�J� day of (,tS '� , 199� before me a Notary P blic wit� ,and f said county, personally appeared i'(3.. �JO�r1� known to me to be. the perso (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed.. R THERESA L. NAAB C� ; NOTARY PUBUC-MINNESOTA HENNEPIN COUNTY My commlaslon exp(ras 9.B.g2 NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ) '�� day of __��vt.S-� , 199D , before me a _ Notary Public within and for� sa ' County, personally appeared �i G1�GU°,l � _ Gul ,n �r��j t��[,u.al(c..1' known to me to be the person ( s ) described in a d who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. +�.�..� ��.�.� • �, MARCIA L.BEAHEN ` � � NOTARY—MINNESOTA �L,�,�(— � .- HENNEPIN COUNTY ` � My Comm�ss�on Expues MAR 15.1994 NOTA Y PUBLIC , +—�--'_'�"�r"�"_"�'_..�"'_.; Page 4 of 4