HomeMy WebLinkAbout#3748-after the fact variances-1996 � ��
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, CITY of ORONU
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'�' RESOLUTION OF THE CITY COUNCIL
��`91tE Hp4��'G N O. 3 '� 4 � �
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A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES
TO MUNICIPAL ZONIl�'G CODE
SECTION 10.03, SUBDIVISION 14 (C) AND
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2
FILE NO. 2131
WHEREAS, Larry W. Karkela (hereinafter "the applicant") is the owner of the
properry located at 4149 High�vood Road within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 22, Highwood, "Lake Minnetonka" Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for after-the-fact variances to
Municipal Zoning Code Sections 10.03, Subdivision 14 (C) and Section 10.22, Subdivisions
1 (B) and 2 to allow applicant to complete construction of an upper level deck placed at the
lakeside of the residence to be located 21' in front of the average lakeshore setback line ��here
no such encroachment is allowed, the improvement w�ill result in an increase of 14.9 s.f. or
0.1% increase of structural coverage where 20.3% exists and where 20.4% is proposed and
where 15% is allowed and the improvement will result in a reduction of 39.1 s.f. or 0.6%
hazdcover in the 75-250' setback area where 2,882.8 s.f. or 41.6% exists and where 2,843.7 s.f.
or 41% is proposed and where the Code would allow 25%.
I�'OW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDIl�'GS
1. This application was reviewed as Zoning File #2131.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 10,374 s.f.
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'� RESOLUTION OF THE CITY COUNCIL
��9kESH04�'G NO. 3 7 4 8
3. The Orono Planning Commission reviewed this application on July 15, 1996 and
recommended approval of the vaziance application as amended based upon the
following unique findings and hardships:
A. The existing topography and location of mature plantings minimize the
visual impact of the upper level deck on the views of the adjacent
residence.
B. The City has received written confirmation that the adjacent residents at
the east and west side of the property have no problem with the proposed
improvement and encourage the Council to approve applicant's deck.
C. 3' upper level walkway deck does not provide adequate room for an
outdoor dining area adjacent to upper level kitchen/ dining/living room
patio doors.
D. The proposed improvement will result in a reduction of 0.6% hardcover
within the 75-250' setback area.
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 variance on the health, safety and
welfare of the community.
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'� RESOLUTION OF THE CITY COUNCIL
��'9.k'E Hp4ti'�'G NO. `3 "7 � $
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Sections noted above that would permit the
completion of the construction of an upper level deck and grants a structural coverage increase
of 14.9 s.f. or 0.1%, and hardcover variance of 1,276.3 s.f. or 18.4% and a 21' encroachment
of the average lakeshore setback line, subject to the following conditions:
1. Applicant shall obtain a penalty building permit before proceeding with
construction on unfinished deck. Applicant to contact Building Official to
determine what type of information will be needed to complete the filing of the
building permit application.
2. Existing hazdcover improvements consisting of 50.6 s.f. of lower level deck and
plastic underliner beneath deck to be removed prior to the framing inspection by
the Building Inspector.
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 (August 12, 1997).
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.
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�� CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCII
��9�E3H�g'�G NO. 3 � 4 g �
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 12th day of August, 1996.
A ST:
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Dorothy M. all n, City Clerk Edward J. Ca�lahan, Jr., Mayor
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Prope Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
August, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
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Not Pu lic
::��.:�,,�.,:�
�;� `;�'.';'�' JAMIE L.BOSMA
,� NOTARY PUBLIC-MINNESOTA
; " • � HENAEPIN COUNTY
`-��•''� My Commission Fxpires Jan.31,2000
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'�' RESOLUTION OF THE CITY COUNCIL
��9kESH�g'�G NO. 3 7 4 8
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this i �'i'4"l� day of � � , 199�, before me a Notary Public
within and for said County, personally eared , ,.- 1 ;�
known to me to be the person(s) described in nd who e uted the foregoing instrum t, and
acknowledged that he (they) executed the same as his (their) free act and deed.
-.�r;.'•?�=�. i ' %i
.<"°• JAMIE L.BOSMA `�zp�•� `
�; : • NOTARY PUBUC-MiNNESOTA '
. ;. _ .
HENNEPIN COUNTY No,r�ry bI1C
�`-�•�•'� MyCommissionExpiresJan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNI'PIN ) �
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
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