HomeMy WebLinkAboutResolution 3087 5926445
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�b CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
'S140 NO, 3087
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 & 2, AND
SECTION 10.55, SUBDIVISION 8
FILE #1712
WHEREAS, Edward F. Baker (hereinafter "the applicant" ) is
owner of the property located at 3059 Farview Lane within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 1, Farview, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2
and Section 10.55, Subdivision 8 to permit the construction of decks
and stairways in the 0-75' lakeshore setback zone where no hardcover
or structure is allowed and the encroachment of the 26' setback to the
adjacent wetland where no structure or hardcover is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1712.
2. The property is located in the LR-lA Single Lakeshore
Residential Zoning District requiring 2 acres in area. The
property consists of 2 acres.
3 . The Orono Planning Commission reviewed this application on
February 18, 1992 and recommended approval of the proposed
variances as proposed based upon the following findings:
TRANSFER ,ENTERED
DEPT.OF PROPERTY TAX&PUBLIC RECOROS
Page 1 of 6
APR 29 1992
FK�f IN MI
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3087
a) Portions of the existing pool and deck encroach into
the 26' required setback from the adjacent wetland.
Decking within the substandard setback is at a minimal
width at 1-21. The expansion of decking will provide a
necessary level of safety and convenience for those who
use the elevated deck and pool. The additional
encroachment of the wetland setback area by the
improved decks is not of a significant magnitude to
outway the 'safety issues.
b) Hardcover within the 0-75' setback area is decreased
from 14 . 2 % to 5 . 68 % . The proposed lakeshore
improvements consist of the construction of a deck
within the 0-75' setback area at 490 s.f. and 704 s.f.
of deck within the 75-250' setback area. The applicant
proposes concurrent removals of existing brick patio
and plastic lined landscape beds.
4. 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.
5. 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.
Page 2 of 6
RESOLUTION NO. 3087
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Ntanunq bads w!pia - inside 75-setback 1,755 SF _ • V � :'.I � �
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Total: 2,749 SF (141:)
er
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7 .ltJ k$� to �IV-
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I li G - 5 •.7• f Y �•ils
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- 1� `��'' •: JY' Is r= gIe?sl ,°�v
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SF�o�j93 sf G`o
7� � 7 � e-'� ---' '� -�-ja`12—' I• �/� ��' !!f il' .l �l�' s
6�01 �
rpSe km6ar j-t! es
G ( j 1111111'1/ t{i 1
1 �'`ki�Gnary^!- PC
as l e0 w Con4ovt
!0 ys /e��oll x92`1' 'l• .. .� , '
�= _ {. aye ��' `� ,r----�.f_; p►.�r g(�.ufc. t4�w',,Y
PUg.ak N G DECKS •.a �,� ;�•
DEGKS
otal Area within 0'-75' Shoreline Setback - 19,300 SF �
Existing Conditions-(taken from Shoell&Madson survey dated 8/8/91) 4
4 Stairs from lawn to lake 160 SF Proposed Development-(taken from SBM survey&IvyCrest plan dated 6/22/91)
reErrs6)
Q Stairs from deck to driveway 202 SF( 66 q Stairs tram lawn to lake 160 SF (unchanged) •.`_ '
C Brick Pallo 506 S f z,,fl reD) 6 Stairs from drek to driveway 1!Qe SF
p Wood deck within 75•setback 315 SF Back Patioo SF -
FWood deck beyond 75'setback 327 SF'1a do r ' fl D Wood deck within 75'setback 490 6+P SF
F Pool 627 SF EWood deck beyond 75'setback 76+46" SF
G Boulder walls 110 SF r-Pool 563 SF
N
Bituminous driveway 109 SF GBoulder walls 110 SF (unchanged)
Y NBltuminous driveway 109 SF (unchanged)i
S Planting beds w/plastic within 75'setback• lakeshore 245 SF SPlanting beds with plastic(reduced 1,755 SF outside 757 0 SF
west of deck 218 SF
south of deck 373 SF g, Total: -
east of deck 511 SF gE
Planting beds w/plastic outside 75 setback 1,755 SF -0_j^�o
_j%% Proposed DevelopmentlWetland Setback . ��SF °�'`S• 6 fr,
78ullding/PooVDeck within 26'wetland setback Q4111 8F (unchan
Total: 2,749 SF (14/eged) b �c
e ) Wood deck(30-wide)cantilevered above lawn below 499--6F-rotr.6..c�� T
- Proposed Stairway within 26'wetland setback ?9-$F
KPlan ing beds with plastic within 26'welland setback 0 SF !•" ;
Total: 410 SF' /2L /ess
loo '
FjCl--,T7ti G -51
Pti-o Qo.Ce0 / `Lat`�coVer
Page 3 of 6
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7 O�
O O
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
9kES LO NO, 3087
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section
10.55, Subdivision 8 and Section 10.22, Subdivisions 1 and 2 to
permit the construction of wood decks, walkways and stairways, such
work consisting of structure and hardcover in the 0-75' lakeshore
setback zone and 0-26' wetland setback zone where no such structure or
hardcover is allowed, approval is subject to the following conditions:
1. Construction shall adhere to the site plan attached to this
resolution as page 3. Any revisions to that plan shall be
subject to further approval of the City.
2. Hardcover within the 0-75' setback zone is approved at a
level of 5.68% or 1,097 s.f. All existing and proposed
hardcover approved with this variance approval is recorded
in the calculation worksheet and diagram enclosed with this
resolution as page 3. The current property owner and all
future owners of this property are placed on notice that
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 equal to 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.
3. 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 (March 9, 1993).
4. 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.
Page 4 of 6
- O O
CITYof ORONO
ti
RESOLUTION OF THE CITY COUNCIL
�kESH0 NO.- 3087
5 . 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 March,
1992.
ATTEST:
XMXXXX221KXX0iXyX029Xk Barbara Pe rson, or
a S. Vee, Deputy Cl k
operty 0 ner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
9th day of March, 1992, by Barbara A. Peterson & s3 21XMXXKa12=b X,*
Mayor & X?A**C*lerk of the City of Orono, a M�_nnesota municipal
corporation and said instrument was executed on behalf of the City.
Notary Public
*Linda S. Vee CAROLE A. HASEMAN
"Deputy ROTARY PU0 JIl' INNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES#-MW
Page 5 of 6
.O O
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3087
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this gam' day of , 199
before me a Notary Public Within and fot said county, personally
appeared
known to me to be the person(s) d cribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Nota 5Yublic r�I1s�M��ol»
STATE OF MINNESOTA .) JAMIELBOSMA
) ss. NEIN RUNTY
COUNTY OF HENNEPIN ) • WC=m.E*w12-1W
NO
On this a CZ day of 4M a�i 19 9
before me a No ary Public within and tof said county, personally
appeared D wrer-
known to me to be the person(s) scribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE Nota y Public
NOTARY PUBLIC- MINNESOTA
E,D
HENNEPIN COUNTY
My oommisNon expires a-im
Page 6 of 6
RESOLUTION #3087
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
f0; cL-Toi -g co�;� 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 March 9 , 1992 , 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 se-t my hand and�seal this
10th day of March
" I I / '_;r�P44�_
.
o thy allin , City Clerk
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� 5926445
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OFFICE OF CCi:N+Y RECORDER
HEt NEPIN COUliFY,MINNESOTA
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