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Home My WebLink AboutResolution 2904 ♦ r �J ~ r .,; cit� o� oR,oNo RESOLUTION OF THE CITY COUNCIL • NO. 2904 e - e e A RESOLUTION GRANTING AFTER—THB—FACT VARIANCES TO MUNICIPAi, ZONING CODE SECTION 10.22, SUBDIVISION 1 S 2, AND SBCTION 10.24, SIIBDIVISION 5 (B) FILE �1584 WHEREAS, Robert Radunz (hereinafter "the applicant") is the owner of the property located at 1066 Loma Linda Avenue within the City of Orono (hereinafter "City" ) and legally described as follows: Lot 6, Loma Linda, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after-the-fact variances to the Municipal Zoning Code to permit the construction of a deck, such deck encroaching past the average setback line where no encroachment is al lowed per Section 10.22, Subdivision 1; such deck being 8.5' from the side lot line wliere a 10' side setback is normally required per Section 10.24, Subdivision 5 (B); and such deck constituting hardcover in excess of the 25$ hardcover normally allowed in the 75-250' zone per Section 10.22, Subdivision 2. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1584. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 15, 1990 and November 19, 1990, and recommended approval of the proposed variance based upon the following findings and conditions: A) The deck reconstruction increased hardcover in the 7 5-250' zone f rom 6 9.3$ to 6 9.6$. Hardcover in the 0- 75 ' zone currently exists at 6.61$. Page 1 of 4 I' ' d �� Y City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2904 • - • • B) The applicant has agreed to remove specific items of hardcover in both zones, resulting in a decrease in the 0-75' zone to 1.12$, and a decrease in the 75-250' zone down to 49.5$. The Planning Commission finds that these decreases are in keeping with the intent of the zoning code and appropriate given the current state of development of this property. C) The 1.5' side setback encroachment to accommodate a stairway on the south side of the new deck is approximately equivalent to the side setback encroachment of a stairway which previously existed on the north side of the deck and which has been removed. D) The lakeviews enjoyed by the neighboring property owner to the south are only minimally affected by the side setback and average setback encroachment, and such views are already partially screened by existing vegetation at the lot line. 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 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. CONCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a deck which encroaches past the average lakeshore setback line where no encroachment is allowed, such deck being 8.5' from the side lot line where a 10' side setback is normally required, and such deck constituting hardcover in excess of the 25$ hardcover normally allowed in the 75-250' zone, subject to the following conditions: Page 2 of 4 ..� ./► ' . Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2904 f • • • 1. Hardcover in the 0-75' zone is approved at a level of 1.12$. Hardcover in the 75-250' zone is approved at a level of 49.5$. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram attached to this resolution as Exhibit A. 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. 2. All existing hardcover scheduled for removal as a condition of this resolution must be removed by June 1, 1991. 3. The applicant shall obtain the necessary after-the-fact building permit for the deck and shall make any changes deemed necessary by the building inspector to bring the deck into compliance with the building code. 4. 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 (December 10, 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, shal 1 automatical ly 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 o£ title of the property. Adopted by the City Council of the City of Orono, Mi esota at a regular meeting held on the lOth day of December, 19 0. ATT T: j,,�� . ... `t j i � � ° � 0 othy Hallin, City Cle` am s �2. Grab , Mayor � ! � �. Q'1 s .: , , � /� u^,�� w�.� ��✓ � i��1 L��r•G+�/1 / Property Owner(s) :` Page 3 of 4 y � ^ ; c�t� o� oR.oNo RESOLUTION OF THE CITY COUNCIL • NO. 2904 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of December, 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. TMEaEs� L Naoe G2�� 1�ARY PUBLIC�MiNNESOTA � HENNEPIN COUNTY Notary Public OIb'1�P!'A�M�°� s. COUNTY OF HENNEPIN ) On this lOth day of December , 199 0 before me a Notary Public within and for said county, personal� appeared Robert F Radunz & Carol M. Radunz, Husband & Wife 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. ��A L. NAAB �H��N COUNT�yr� � �+w�w�.a.p� ; �� NO 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 4 of 4 " SET BACK ZONE 75' - 250' �! � SET BACK ZONE 0 - 75' �"'�'"^ HARD COVER IN ZONE 3458 sq. .ft. HARp COVER �IN ZONE 42 sq. ft. � TOTAL PROPERTY IN ZONE 6990 sq. ft. TOTAL PROPERTY IN ZONE 3750 sq. ft. THIS PROPOSED CHANGE 49.47� THIS PROPOSED CHANGE 1.12% (AS PICTURED BELOW) (AS PICTURED BELOId) � ' ` . ` PRESENT CONDITION PRESENT CONDITION SET BACK ZONE 75' - 2.50' SET BACK ZONE 0 - 75' HARD COVER IN ZONE 4865 sq. ft. HARD COVER IN ZONE 248 sq. ft. TOTAL PROPERTY IN ZONE 6990 sq. ft. TOTAL PROPERTY IN ZONE 3750 sq. ft. � 69.6% . 6.61% � �0 r � � 0 � ' CERTIFICATE �F SURUEY Z � FOR ROQERT F . RADUNZ � OF LOT 6 , LOMA LINDA � HENNEPIN COUNTY , MINNESOTA � - �a2 S /�s Y�tt o w �=- �' �-�� _ _ ._: ,�=, r�� y � l �� — — E+.r� /93.so te e• — i . � ♦ ' / / �Wa " •: /6 ? �: � 4' x f , ' � � ; ;� :�� Walk i i CrDlJ OA ��p __ , �: l Roc W/Plastic /•3 X (��r co��.Q j� � PCK Board :•:,;;;�,� � ``��t � g�" • t � ,�8.,� . � � l.3 X�$ '�'°��' b' B . . +, ,, .�; � �:':'. :I i a3"l�1� � ° i �o.ff',tt�• . �� o 'DeckQverl � � yt� `� . o N • :� l i 1 �G''. a � EXISTING HOUSE �S,�X/o � �� 8.3 � � '� • . : n � '.�••': .- � ? '• '"� � SS.o��' EXISTING 8,0^ � �;�, � � 1 y Otiie�Hard Cove ��'75.0 set back ,� � ' N GARAGE � i • � I ;�I � � � ./ � ; � I � °� Ro�k Rock No Plastic ?° � : I / Ne . � a�* I 0/al1i� ` L�RJ"� ._._ I / i / /B3./7 3y{. 3:5x5 SK(� , � � _ i`7. �. 3c�.o��(-. 1 X' fl' �X `�� --� ��• 3G a� . ;� � Si�L� W�t� �