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HomeMy WebLinkAboutResolution 2853 } ,iw;P" City of ORONO CITY RESOLUTION OF THE CITY COUNCIL UF NO. 2853 ORONO A RESOLUTION GRANTING i. VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 2 FILE #1567 WHEREAS, Robert H. Powell , Jr. (hereinafter "the applicant") is the owner of the property located at 2916 Casco Point Road within the City of Orono (hereinafter "City" ) and legally described followed: Tract L, Registered Land Survey #461, 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 and 2 to permit the construction of a deck at the lakeshore side of the existing residence, such deck encroaching past the defined average lakeshore setback line where no encroachment is normally allowed, and such deck comprising additional hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1567 . 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 16, 1990, and recommended approval of the proposed variances based upon the following findings: A) Existing hardcover in the 75-250' zone is 41.8%. There are areas of existing landscape bed hardcover that can be removed, to result in no net increase of hardcover in the 75-250 ' zone. B) The 13' encroachment into the average lakeshore setback zone by the proposed deck will have no significant impact on the lake views enjoyed by neighboring property owners, due to the angle of the deck and relationship of the adjacent houses, and due to topography at the site. Page 1 of 4 A� h Y City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2853 • i • 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. 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 .22 , Subdivisions 1 and 2 to permit the construction of a deck on the lakeshore side of the house, such deck constituting additional hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and encroaching 13' past the average setback line where no encroachment is normally allowed, subject to the following conditions: 1. Hardcover in the 75-250' zone shall not exceed 4, 046 square feet or 41. 8 %. In order to accomplish this , applicant shall remove at least 133 square feet of plastic or fabric underliner from rock beds in the street yard, to result in no net increase in hardcover on the property. All existing and proposed hardcover approved with this variance application is recorded on the map and hardcover calculation attached to this resolution as Exhibit A. The current property owner and all future owners of this property are placed on notice that hardcover shall not be increased above the current level and any proposed improvements on this property that will result in additional hardcover must be approved by the City. Such approval might result in a requirement for removals of existing hardcover in equivalent or greater amounts than the proposed improvements. All existing hardcover required to be removed per the conditions of this application must be removed prior to the footing inspection for the new construction. Page 2 of 4 P. A, City of ORONO CITY RESOLUTION OF THE CITY COUNCIL I UF j NO. 2853 ,A 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 will expire on that date (August 13, 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 automatically 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 13th day of August, 1990 ATT T: -'e 0 o all ' , C ty C1erk JamVs R. Grabe Propert Ow er(s ) 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. Hal lin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. THERNWARY PPUAAB B C.7MINNESOITAA L Notary Public HEN nW11WIN" page 3 of 4 City of ORONO �r CITY RESOLUTION OF THE CITY COUNCIL Of NO. 2853 ORONO STATE OF MINNESOTA ss. ,. COUNTY OF HENNEPIN ) On this day of , 1990 before me a Notary Public wi in and f s id county, personal y appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIO EW C. DENNIS STATE OF MINNESOTA ) NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY )ss. My commission expires 4-4-94 COUNTY OF HENNEPIN ) 11 On this l�4-4, day of 199C. before me a Notar Pub is within and for said County, personally appeared known to me to be the pe sons ) 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 THERESA L. NAAB NOTARY PUBLIC . MINNESOTA ��mEP�N COUNTY Isslon explros 9.8-92 Page 4 of 4 RESOLUTION #2853 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 August 13 , 199_, 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 Aumst 19.90__ orothy M. llin, City Clerk (SEAL) (612)421.9126 g6e 13=1 VINlWppp LANE DAV ON.MN 53321, ■ ._-_ -'----_-r_.._�.._,�._� ..i_.. >�ti.u.� ---:r.:,.s,,.;;..:.� 1�Ems•, � ei C,p,sco DESCRIPTION= s �4� Govt Lot L, Registered Land Survey No. 461, QcA p City of Orono, Hennepin County, Minnesota. _._ .- w• o en 31.4b ^vso Denotes Iron Monument .. 20, /�� •, SCALE• 1 NOTE: The location of the " —sT-- -._- �� � �-piZ SKfL1/brY--GfZ • '`4�e O S*` ii©`��}},,,,VV ^�Q_"�Fj, �i•. ���,✓ 1 Prop oaeddeck is sketch Decks, based ontree cation •`� _.._ZSR � '� �%,�i5 �. • � All hard surface areas ars as shown. N Z.0% I hereby certify that this survey ,J 101 ° was prepared by me or under my _.. _—___.-_.._ —___ NSA-__ Z7. 2__- _2$_.�___ 7 __-__8 VE t•', - direct supervision and that I am a L/ X ZS ` 5-37 C `i duly Registered Professional Land _ 1 Surveyor under the laws of the x y8,s _ yg D /'L `•4�Y a�► c State of Minnesota. Dated this 18th day of June, 1990. /07 By Mi ota License Njf. 12267 w e Q� #.L J✓ d, s ,t �-�•�� l<L 1 \ 9 Q ow. r 0% 0 pp--- TO�.�- 'dam IS 1s r 7 5 � =a oa L Aefl�rlc_+✓�tm„f- Posc�D s l3 / �(Jc` 3 .a. r� �9 - -►- �CAnUr`1: X�ty=SyNS•� 'sg /o No cNaabE_�_RoPaieQ - �` -�`�tnc,. \ � r .- �n,.