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Home My WebLink AboutResolution 3174 •VW0lit O OCITY of ORONO 'c Iiia IM4 �o RESOLUTION OF THE CITY COUNCIL `gk'ESHOg NO. 3174 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND AN AFTER THE FACT VARIANCE SECTION 10.22, SUBDIVISION 2 FILE #1753 WHEREAS, Darlow T. Madge (hereinafter "the applicant" ) is owner of the property located at 875 Forest Arms Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 6 , Block 2 , Forest Arms , Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22 , Subdivision 1 (B) to permit the following structures to be installed in front of the average setback line: pool and patio area, 18 'x13' storage shed, 5' high fence and 8'x3' lockbox and an after the fact variance to Section 10.22, Subdivision 2 for a pump house structure located within the 0- 75' setback area resulting in 12 s.f. of hardcover where no hardcover is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 . This application was reviewed as Zoning File #1753. 2. The property is located in the LR-1B Lakeshore Residential Single Family Zoning District requiring 1 acre in area. The property consists of 61, 939 s .f. or 1. 42 acres. 3. The Orono City Council reviewed this application on August 10, 1992, and recommended conceptual approval of the proposed variances based upon the following findings: a) The pool and patio area are to be located in front of the average lakeshore setback line within the 75-250' setback area. Total proposed improvements within the setback area are at 2,684 s.f. or 10.8%. Page 1 of 5 _ vv O _ CITY of ORONO 54tt: iii IM1041 O~ RESOLUTION OF THE CITY COUNCIL kESH04 NO, 3174 b) 636 s.f. of landscape area underlain with plastic was installed within the 0-75' setback zone. Applicant shall remove the plastic underliner and maintain the pump house structure resulting in 12 s. f. of hardcover. c) 8 ,811 s.f. or 42.9% hardcover exists within the 250- 500' setback area. Total hardcover within the 75-500' setback area is proposed at 11 , 495.5 s.f. or 25.3%. d) The residence structure is located 275' from the lakeshore. An extensive grassed yard area has been maintained to treat runoff to the lake. e) The homes along Forest Arms Lane have been developed in an alignment close to the road. Any proposed installation of accessory structures within the lakeshore yards of these properties require average lakeshore setback variances . f ) The development of the flag lot to the immediate south of the property creates a major impact on the average setback line. 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 variances 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 variances on the health, safety and welfare of the community. Page 2 of 5 . . O O � O CITY of ORONO 1., 1iAl / �t93 kt �G RESOLUTION OF THE CITY COUNCIL kESHOg NO. 3174 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 10.22 , Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the installation of accessory structures in front of the average setback line and to permit a 3'x4' pump house to remain within the 0- 75' setback area, subject to the following conditions: 1 . Applicant shall provide an updated survey upon application for a building permit for pool and patio area locating the proposed improvements on the survey. Survey should also include the relocated shed that is currently located within a utility easement within the lakeshore yard. 2 . Applicant shall remove 636 s.f. of landscape area underlain with plastic adjacent to channel and applicant is further advised that there shall be no use of plastic underliners in landscape areas within the 0-75' setback zone except for those areas within the drainage swale where such use has been required and approved by the City. 3 . Applicant shall obtain a penalty building permit for storage shed and lockbox structure. The storage shed must be located out of utility easement area. 4 . The applicant and all future owners are hereby placed on notice that all structures to be located in lakeshore yard of this property shall require an average lakeshore setback variance. 5 . 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 24, 1993). 6 . 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 3 of 5 O O = �- CITY of ORONO `'S+�� Fy i;o irp �~ RESOLUTION OF THE CITY COUNCIL 410ES1101v NO, 3174 7 . 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 24th day of August, 1992. ATI :ST: YY) . / // D+"rothy 41 Hallin, City Clerk Barbara A. Peterson, Mayor f")(1) 0i39--...7 Le-4, -z.); b1Ae Property Owner(s ) ��/ STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of August, 1992, 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. r�r�v��i�srrryi >, -�v �rrl JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA d/,1 Expir (,/ P HENNEEx COUNTY Notar Public My Comm. es 12-19-91 Page 4 of 5 BON. O O CITY of ORONO 54 ti f G~ RESOLUTION OF THE CITY COUNCIL �kESH04 NO. 3174 STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) On this jh day of it„.„-F , 199 - before me a Notary Public within and 54r said county, personally appeared bar hi!c., -7-, Mad ape/ �t n�� tier ftit L � ,(2—) r,r ;l_`._"'�, known to me to be the peison(s) dgscribed in and rho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Ii • • Y PUBLIC STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) On this 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 Page 5 of 5 RESOLUTION #3174 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 24 , 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 set my hand and seal this 26 , day of August , 19 92 . o othy M. Hallin , City Clerk ^^^ ( SEAL) POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. U.S.OFFICES: SUITE 3300 INTERNATIONAL OFFICES: 222 SOUTH NINTH STREET DENVER,COLORADO LEIPZIG,GERMANY MINNEAPOLIS, MINNESOTA 55402 TEL 303-893-1200 TEL 01137-41-4918471 TEL 612-333-4800 MIAMI, FLORIDA FAX 612-334-8888 STUTTGART,GERMANY TEL 305-530-0050 TEL 01149-711-296303 WASHINGTON, D.C. (612) 334-2533 TEL 202-962-8700 September 25, 1992 Ms . Jeanne Mabusth CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Ms . Mabusth: Enclosed is original Resolution No. 3174 which cannot be filed as it is a variance for Torrens property. Should you have any questions regarding the enclosed documents, please give me a call . Sincerely, s e....e iii...r.... . Carol Hastings V Legal Secretary to Nancy E. Husnik Enclosures 35NEH Li p;O;NC Er- i� \ E L.�u �1 SET 2 8 1992