HomeMy WebLinkAboutResolution 302111
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3021
A RESOLUTION GRANTING
AN AFTER -THE -FACT VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1669
WHEREAS, John W. Walker (he'reinafter "the applicant")
is the owner of the property located at 1310 Spruce Place within
the City of Orono (hereinafter "City") and legally described as
follows:
Lots 7 and 8, Block 10, Saga Hill Revised, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for an
after -the -fact variance to Municipal Zoning Code Section 10.22,
Subdivision 2 to permit the construction of a second story
addition and deck additions to an existing residence, such
additions comprising hardcover in the 75-250' lakeshore setback
zone in excess of the 25% hardcover normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1669.
2. The property is located in the LR -1B Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on August 19 and September 16, 1991, and on a vote of 3
to 2 recommended approval of the proposed after -the -
fact variance based upon the following findings:
A) Based on information supplied by the applicant,
hardcover on the property prior to 1975 included
14.1% in the 0-75' zone and 31.2% in the 75-250'
zone. Since that time, hardcover on the property
increased to 18.7% and 50.6% respectively. These
hardcover increases consisted mainly of lined
landscape beds and a brick patio area. Retaining
walls were also constructed to stabilize the steep
lakeshore bank. All of this work was done without
City review or approval.
Page 1 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3021.
B) After having discussed the proposed second story
addition with the building inspectors, applicant's
contractor with applicant's knowledge proceeded
with the construction project, apparently under an
incorrect assumption that it was possible to
eliminate enough hardcover to meet Code
requirements.. When the building -inspectors found
the work underway, a'Stop Work Order was posted.
This work was found to be occurring approximately
1 week after application for hardcover variance
was submitted..
C) The applicant has agreed to remove lining
materials from all landscaped beds on the
property, and further has agreed to remove a
currently existing portion of deck encroaching
into the 0-75' zone where no structure is normally
allowed, and has agreed to remove a large portion
of brick patio located in both 0-75' and 75-250'
zones, and is reducing portions of sidewalk in the
75-250' zone. The net result of such hardcover
removals is a decrease in hardcover from the pre -
1975 level of 14.1% to a proposed level of 7.2% in
the 0-75' zone, and from a pre -19,75 hardcover at
31.2% in the 75=250' zone, down to 30.4% proposed.
The proposed hardcover removals exhibit a good
faith effort on the part of the applicant to
reduce hardcover as much as possible without
having a negative impact on the use of the
property.
D) The Planning Commission rejects the applicant's
argument that actual hardcover percentages can be
reduced based on the existence of an inground
drainage absorption system, because the capability
and reliability of that system has not been
adequately demonstrated.
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 after -the -fact
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
Page 2 of 6
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ITEM
Shed
Brick Steps
Brick Patio
Retaining Wall
Concrete Steps
Brick Steps
Steps
Part of wood deck
Landscape areas
w/landscape cloth
TOTAL S.F. 7025
PERCENT
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CALCULATION FOR 0-75f
APf'P-DvON
PRE 75
PRESENT
4xR0,P9SE9-
97
97
97
60
60
60
250
340
90
63
88
88
114
114
114
48
48
48
12
12
12
38
38
0
310
520
0
992
1317
509
14.12%
18.7%
0
5
RESOLUTION #3021
CALCULATIONS FOR 75-2501
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V 4 'n
'=& Z10 0 �\
FM'() in
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r �!K
ts11 m
-- Pxrx,-
Fnurr.'Zn 1--f-
-t,lwr c •azo g
- Info' 11'�co ! nll � - • •I
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�rr_Zor + 0-010
Page 3 of 6
A9
ITEM
PRE 75
PRESENT
House
787
787
882
Garage
590
590
590
Brick walk
44
44
44
Sidewalk
308
195
163.5
Retaining walls
0
19
19
Deck
262
262
296*
Driveway
2300
2300
2300
Entrance Stoop
113
113
0
Landscape with
cloth or plastic 0
2740
0
Steps
9
9
9
Brick Patio
0
96
0
TOTAL S.F.
4413
7155
4294.5
PERCENT
31.2%
50.6%
U�t�.�• rnu.trtr �t?r �t' Pc
V 4 'n
'=& Z10 0 �\
FM'() in
i'Cnrpl r, v
r �!K
ts11 m
-- Pxrx,-
Fnurr.'Zn 1--f-
-t,lwr c •azo g
- Info' 11'�co ! nll � - • •I
JahN I- Pqf IWAIkee
�� r -loom 1310 Sp,•v�e
�rr_Zor + 0-010
Page 3 of 6
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3021
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 the above findings, the Orono City Council
hereby grants an after -the -fact variance to Municipal Zoning Code
Section 10.22, Subdivision 2 to permit the construction of second
story addition and deck addition to the existing residence, such
additions constituting hardcover in excess of the 25% hardcover
normally allowed in the 75-250' zone, subject to the following
conditions:
1. Hardcover in the 0-75' zone is approved at a level of
7.2%. Hardcover in the 75-250' zone is approved at a
level of 30.4%. 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. Said diagram depicts the
existing hardcover areas that must be removed. 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 equivalent or greater removals of existing
hardcover. All existing -hardcover scheduled for
removal as a condition of this resolution must be
removed prior to continuation of any work on the
construction underway.
2. Prior to any further work on this project, applicant's
contractor shall obtain an after -the -fact building
permit. Further, applicant shall pay the after -the -
fact investigation fee for the variance application, in
the amount of $175.00.
Page 4 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3021
3. 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
(September 23, 1992).
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.
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 by
of title of the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 23rd day of September,
1991.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN
z4awc_A)
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on
this 23rd day of September, 1991, by Barbara A. Peterson &
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 PUBUC - MINNESOTA (/
HENNEPIN COUNTY Nota Public
My commission expIms 8-12.0 y
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3021
On this A 5--A day of 199
before me a Notary Public within and,for said county, personally
appeared e%N , W oul Ke.r -50/-P- p cin 8-K'-
known
ev`known to me to be the person(s) aescribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VE&
NOTARY PUBLIC - MINNESOTA U
HENNEPIN COUNTY `
My commission expires &12.86 NO ary Public
S
E: )ss.
COUNTY OF HENNEPIN )
On thi s 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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