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Home My WebLink AboutResolution 3028 a - 0a 0 CITY of ORONO ~ RESOLUTION OF THE CITY COUNCIL �`gIC$Eg0g� NO. 3028 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2, AND 10.55, SUBDIVISION 8 FILE #1685 WHEREAS, Edward F. Baker (hereinafter "the applicant") is owner of the property located at 3059 Farview Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 6 , Block 1 , Farview, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8 to permit the construction of decks and stairways in the 0-75' lakeshore setback zone where no hardcover or structure is normally allowed, and encroaching on the 26' wetland setback line where no structure or hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1685. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 16, 1991, and recommended approval of the proposed variances based upon the following findings: A. The existing pool already encroaches into the 26' required wetland setback and has only a minimal 1'-2' walkway around 3 sides. The decking around the pool and associated stairway to the lower level are necessary for safety and convenience. The proposed 10' encroachment of the normally required 26' wetland setback is not of significant magnitude to outweigh the safety issues. Page 1 of 6 01 o CITY of ORONO V� ti RESOLUTION OF THE CITY COUNCIL �`9$S�Jjo NO. 3028 B. A hardcover decrease from 14.2% to 6.5% in the 0- 75' setback zone supports a recommendation to allow construction of a new 647 s.f. deck to replace a pre-existing 315 s.f. deck in conjunction with removing portions of an existing wood patio. The existing deck, patio area, and plastic-lined landscape beds were constructed by a previous property owner without any apparent City approval. 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 variances 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 the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.22, Subdivisions 1 and 2 to permit the construction of wood decks, walkways, and stairway, such work constituting structure and hardcover in the 0-75' lakeshore setback zone and 0-26' wetland setback zone where no such structure or hardcover is normally allowed, 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 City review. Page 2 of 6 RESOLUTION #3028 / Hanting beds w/pla ulside 75'setback 1.755 / 1r �- ° Total: 2,749 SF (14%) ° �•/ i I- 1 / °user o iv t t , °}Tub ,Fire )�`0 Pool`2'/Sf I +.-' _ ' p`/ P /,sy •,t► :ss: `= P5g G SF Plo Srtco C�g 0 �1tt11 11 �t�r PoE.sFQ\° �Gt°5 WIN. 1 � � '"- ' '%+�--�-3°.92-• 1 � �,I!. V.0 Gross ,I�knberi'' y, Pceo 1 j iled C° }ouf °o ^ A, l X (Zoe qj Aug B.lcql P&DPOSM D EC•KS N cKS �• fn 6,X/577NG DE Total Area within 0'-75' Shoreline Setback - 19,300 SF Proposed Development-(taken from S&M survey&lvyCrest plan dated 8/22/91) Existing Conditions-(taken from Shoell&Madson survey dated 8/8/91) A Stairs from lawn to lake 160 SF (unchanged) g Stairs from deck to ddveway 238 SF 4 Stairs from lawn to lake 160 SF - C Brick Patio 0 SF feEYrsE� O Wood deck within 75'setback 647 SF Stairs from deck to driveway 202 SF( ee EWood deck beyond 75'setback 675 SF 4 Brick Patio 506 Sf Loevv.D) PPool 563 SF .P Wood deck within 75'setback 315 SF r.Boulder walls 110 SF (unchanged) ,rWood deck beyond 75'setback 327 SF-ro isc iwvlser�2, N Bituminous driveway 109 SF (unchanged) F Pool 627 SF rPlanting beds with plastic(reduced 1,755 SF outside 751 0 SF Boulder walls 110 SF Total: C� _`js' zp/VE) • 1,264 SF (7%) NBituminous driveway 109 SF r Planting beds w/plastic within 75'setback- @ Lakeshore 245 SF Proposed DevelopmentlWetland Setback west of deck 218 SF 12 � {/N 7S-2 Sp — D south of deck 373 SF S, 7Huiking/PoolfDeck within 26'welland setback 232 SF (unchanged) bast of deck 511 SF 046 Wood deck(30'wkle)centlkvered above lawn below 100 SF-rolt.b»e Planting beds w/plastic outside 75'setback 1,755 SF 'fn Qp Proposed Stairway within 28'wetland setback 78 SF _�r.tpV KPIan�g beds with plastic within 26'wetland setback 0 SF Total: 2,749 SF (14%) Total: 410 SF /s-�ItiG siT�,�i�ae�covc� �1PP�V>�7 s� ARt�c�V�'2 PLAN Page 3 of 6 iw CITY of ORONO RESOLUTION OF THE CITY COUNCIL H i Ogg NO. 3028 ES 2. Hardcover in the 0-75' zone is approved at a level of 6.5%. 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 equivalent 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 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 (October 14, 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 chain of title of the property. Page 4 of 6 ''O O r y CITY of ORONO 1 . RESOLUTION OF THE CITY COUNCIL NO. 3028 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of October, 1991. AT ST: othy allin, City Clerk Barbar Peterson',,, or Je Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of October 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. Notary Public Page 5 of 6 :CARIOLE A. HASEMAN Y PUBLIC--MINNESOTA W. NNEPIN COUNTY MISSION EXPIRES 8-2396 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kES,go NO. 3028 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /4+;, day of ,� C+')h r , 199J_ before me a Notary Public within and for said county, personally appeared - known to me to be the person(s) described 71n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA .) CAROLE A. ZEMAN NOTARY PUBLIC-MINNESOTA )ss. HENNEPIN COUNTY COUNTY OF HENNEPIN ) C210 MY COMMISSX)N EXPIRES 0.23.90 On this day of1-;ib;er . 1991 before me a Notary PublVa within and for said county, personally appeared reki A.k P r IAih n ►AIner. known to me to be the person n(s) desc i ed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. or,A"& Q - d"z"� -- Uotary Public Adshk CAROLE A. HASEMAN NOTARY PL%Lrr#IINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES&2198 Page 6 of 6 RESOLUTION #3028 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 _ October 14 , 1991 , 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 15th day of October 19 21 / • /� / Do othy M. llin, City Clerk (SEAL)