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Home My WebLink About#2860-variance-1990 J Clty o� ORONO RESOLUTION OF THE CITY COUNCIL • - • • NO. 2860 �� ly A RESOLIITION GRANTING ��D A VARIANCE TO �� MLTNICIPAL ZONING CODB SECTION 10.22, SIIBDIVISION 1 & 2 FILB #1574 WHEREAS, James and Sue Ronald (hereinafter "the applicants") are owners of the property located at 2565 Dunwoody Avenue within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, Attached, (hereinafter "the property"); and WHER$AS, the applicants have applied to the City of Orono for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the construction of room additions and a swimming pool, both of which encroach past the defined average lakeshore setback line, and which comprise additional hardcover in the 75-250' zone over and above the normally allowed 25� hardcover in that zone. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Ninnesota: FINDINGS 1 . This application was reviewed as Zoning File #1574 . 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 20, 1990 and on a vote of 5 to 0 recommended approval of the proposed variance based upon the following findings: a. The proposed 4' addition to the side is lower in elevation than the neighboring residence on that side, and additionally there is existing vegetative screening such that no existing lake views enjoyed by the neighboring property owner will be encroached upon. b. Likewise, the proposed 2' expansion of the lakeside wall of the house and the raising of a portion of the house in it's existing footprint, will have no significant impact on neighbors views of the lake. Page 1 of 5 � . . �� . � �"s�'J4 ��'�� *� �� '�l�S� � C�ty o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2860 • - • • c. The proposed pool , while encroaching 71' past the average setback line, is at a relatively low point in the topography as compared to both neighboring properties, and will have no impact on neighbors views of the lake. d. The proposed pool and additions comprise additional structural and at-grade hardcover on the property of 368 s.f. Applicant proposes removals of approximately 927 s.f., for a net reduction in hardcover to 35.6� from the pre- existing 37 . 5 �. Planning Commission' s review of the application indicated that the proposed pool would likely have some additional hardcover after it was moved a few feet lakeward to meet the 10' deck overhang setback. Applicants noted that if that occurred, there was additional hardcover in rock and plastic, and driveway, that could be removed so that hardcover would never exceed 35.6� in the 75-250' zone. 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 proposed 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 al leviate 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. CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 & 2 to permit the construction of proposed additions and pool, which additions and pool encroach past the defined average lakeshore setback line where no encroachment is normally allowed, and which comprise additional hardcover in the 75-250' zone above the 25� hardcover normally allowed, subject to the following conditions: Page 2 of 5 Cit� of ORONO RESOLUTION OF THE CITY COi�� '�`��'�`��y ' � � ��? � 2860 ' ��:� a ��.,zY:. �� NO. � £< � n =�s , s - • s �, .�� ;� �_; ... .��aa n'i�i r: x i�. .q e-:,s t� 1. Construction of room additions shall adhere to the site plan attached to this resolution as Exhibit B. Any revisions to that plan will require further review by the City. 2. The average lakeshore setback encroachment by the pool shall not exceed 71' , and in no case sha 11 the poo 1 extend into the 0- 75' protected lakeshore setback zone. Further, the pool when constructed shall be placed such that the pool water surface is at least 10 ' from any other overhanging structure or decks. 3. Hardcover on the property is approved at a level of 35.6� in the 75-250' zone. The applicants are advised that all allowed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Exhibit B. 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. 4. 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 Counci 1 approva 1 , or this variance wi 1 1 expire on that date (August 27, 1991). 5. 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. 6. 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 3 of 5 Cit� of ORONO µ TM ; �� <c� '. �; z r, �:;�� " ��; RESOLUTION OF THE CITY COUNG�I'l.``�` � `'��8 `�' 'r` ��`-=_. „ti, ��r,r •� :�:. • NO. 2860 s ��;.:; y��; v;: '..�yyN A=,.4`r�. �3,��iS-��!'f:r. I'J � � . � ' Adopted by the Orono City Council on this 27th day of August, 1990 . AT T: . D othy . Hallin, City Clerk �� Jam s R. Grabek, , ; � '''o,,it..d--t� roperty Owner( c STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of August, 1990 , by James R. Grabek & 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. ,' -, '� THERE3A L. NAAB � NpTARY PUBLIC- MINNESOTA Notary Public �HENN�EPIN�COkNUN� Page 4 of 5 � "��` Cit of ORONO � � �� ;s�: RESOLUTION OF THE CITY COUNCIL ` NO. 2860 • - • � C9�f;�� ,�r�'i ��'� y�t�� SR� STATE OF MINNESOTA ) �'a�- � � . �_.A�T�`.. ) ss. °.F�� . COUNTY OF HENNEPIN ) . . ,.;._ On this �g� day of /-�-c,tC' uS} , 199 D before me a Notary Public within and fo said county, personally appeared �^ •^- ^ � � �- S�SC�k.s'� �j'. �oh�d known to me to be ,�a •.r � 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. � Q� N 0' TFiHREBA L. NAAB �/1pY pUBUO�MINNESOTA HENNHPIN COUNTY �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. • COUNTY OF HENNEPIN ) On thi s day of , 19 9 , bef ore 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 f oregoing instrument, and acknowledged that he ( they) executed the same as his (their) f ree act and deed. NOTARY POBLIC MY COMMISSION EXPIRES Page 5 of 5 r � - �s ��;- Z, . G , - . s � �- :� _ - _ � _ _ . :- r �:_ , - � _.. _ _ _ . . ..�_ .. -° ..� .: . - - -� - _ _ � � _ . .- . . . �: . ,� _. .-W� �9o°d2 IB' � - �,n . , � - . _ _ , ,: : '�: rrrPc,3 � -- .�._o �.f: �. :��-,- � - ag =�._ :�_-.. . ,. . _ : _ ; _ _ - -- .. � - _ - • ��_ - --- � ,,, .. ., _� ;, ..... , _ . - , - � -_- -::.._ }„. _. � - - - o _ =- - - _ .._ . _ _ ._ .. , ._ . , _ . , _-- ��.- --. __ . _ ., -' ' � - - - -�' � -_. . - _ _ �.�;. . � � /r- _. , _ ._ = . _ :._ _- . ,_ -,= _ _ x: . ,. _ - - - N .� . . _ - . -- � _� .__ - . • ; _ �� ' _. . � ' i _ " . _ . ... . -- . ..l . ��2w __ . � � -- _ _ _ _ - �o — F ' , o ` � . � -� o , � o � �" � � : r . N � ' i.�;, � _ �...-,-. ,�,,,� _ . - - _ . ��,� ,,,;::� LEGAL DESC1Zt?IOIi: �,� ��,; �,�� Lot 11 aad that part of Lot 12. Block 8, ?OVlf3TTE 0! LAHGDOi !u[, � ��; �s�� R�an�pia CoQat�, s�� . � lilanesota, :ccvrdia= to -th� r�cord�d plat thtreof. �-�, »� ZTiaa nott�r�atsrl� of a lias desczib�d as be:innias .at a �oi�►t �=�� s: • „ �fi, la the aorthrasterl� line of s:id Lot 12: dl�naat �,,.5 ffat. • �� :.� sonth�ast fzos`t�hs aost aorttierl�� corn�r of said� Lot 12: thence ;,� southv�sterl� parailel vitti the aorthvest�rl� liae of said Lot 12 a dist:ncs of 188�eet: [heace deflect ris6L a d�=r��s �S � de=re�s 35 alautes a di��ance of 1�7 feet �ort or less to th• � ahore liae oi Lake liinneta�Ica and said line thare ter�inatint. �� -- -- — ---------- . ._ _ _ _ - — _ � � a � � � � 1 N � � � �O