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Home My WebLink AboutResolution 3032 CITY of ORONO V4 ti RESOLUTION OF THE CITY COUNCIL ��kES140 NO. 3032 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE #1608 WHEREAS, James Hartzell (hereinafter "the applicant") is the owner of the property located at 2987 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Hartzell Addition, 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 pool and associated patios and retaining walls, such construction encroaching 25' past the average lakeshore setback line where no encroachment is normally allowed, and such construction increasing hardcover on the property to a level in excess of the 25% hardcover normally allowed in the 75-250' zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1608 . 2 . The property is located in the LR-1C 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 4 to 1 recommended approval of the proposed variance based upon the following findings: A) No portion of the proposed pool, retaining walls, or associated fencing will extend more than 6' above grade, hence due to the topography and the distance of the proposed pool from neighboring residences, the proposed average lakeshore setback encroachment will have no negative impact on neighboring properties. Page 1 of 6 CITY of ORONO �AV , RESOLUTION OF THE CITY COUNCIL � kESH04 NO. 3032 B) The applicant has made a good faith effort to minimize hardcover on the property by agreeing to remove portions of the existing driveway, areas of plastic-lined landscape beds, and has reduced the amount of hard surface from his initial proposal to minimize hardcover associated with the patio and retaining walls surrounding the pool. The increase in 75-250' hardcover is from an existing level of 23 . 4% to a revised proposal of 27. 8% 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 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 a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of a pool and associated patios and retaining walls , such construction encroaching 25' past the average lakeshore setback line where no encroachment is normally allowed , and such construction constituting hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, subject to the following conditions: Page 2 of 6 a , : �� •i5 �' '��-_9 Resolution #3032 V V -� r C) - f` ts � ` ':f 'I�,• ,�, �, 1 `` gel ".1 wL •-11 JLw d 4leI 1 lei 77 -p W •,M O N 0 le' If I `'/ ".t, �•-moi' N .4 j ,� t F � ,� �f. > 71 Z gra � � o � �,� , � � S N �I a .? ep IT 1 ! ' Pogo 3 0 6 i \ CITY of ORONO �1%r RESOLUTION OF THE CITY COUNCIL ��kESHOgY NO. 3032 1. Hardcover in the 75-250' zone is approved at a level of 27.8%. 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. That diagram also indicates areas of existing hardcover which must be removed as part of this approval. 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. 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 (October 28, 1992) . 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. Page 4 of 6 O� CITY of ORONO r G RESOLUTION OF THE CITY COUNCIL UO' NO. 3032 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October, 1991. ATTEST: Barbara A. Peterson, Mayor Depu y p4erk Property Owners STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 1991, by Barbara A. Peterson & P XXX KXAMW, Mayor &Yaks Clerk of the City of Orono, a Minnesota Vee , municipal corporatiBRPi' i said instrument was executed on behalf of the City. Notary Public Page 5 of 6 CAROLE A. HA3EMAN NOTARY PUBLIC-MINKS0TA HENWIN COUNTY f f,fY COL1Nii�lON l=jtlIR�� CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESHo � NO, 3032 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of �'dber , 1991 before me a Nota Public within ��d for said county, personally appeared r ' �-+q't'-' I / known to me to be the person(s) described in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. otq�--&�; ALZ��7-� Notary Public STATE OF MINNESOTA ,) NOTARY OTARY PUBLIC-MINNESOTA S S . ,�� HENNEPIN COUNTY UPIR23 s-zvas COUNTY OF HENNEPIN ) n11 On this 74h day of bo vem be r- , 199t before me a Notary Public within and for said county, personally appeared R kr ,- 11 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. 00'v-/' 6. Notary Public A. MASE E YP�TMAISSION EXPIRES g.M96 Page 6 of 6 Resolution #3032 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Linda S. Vee, Deputy Clerk of the City of Orono, 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 28 , 19 91 , 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 30th day of October , 1991 Linda S. Vee, Deputy Clerk (SEAL)