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Home My WebLink About#3002-variances-1991 , � � � _ O� � O .� O � � �\�`�� CITY of ORONO � � �,�--'� � . ,� ,�� ,y, A�� , � �";� �°�� G~ RESOLUTION OF THE CITY COUNCIL '�`9� '� � i .�,'�' N O. -3 0 0 2 kESI3� A R$SOLDTION GRANTING � VARIANCES TO MONICIPAL ZONING CODE SECTION 10.22, SIIBDIVISION 1, SBCTION 10.22, SDBDIVISION 2, AND SECTION 10.24, SDBDIVISION 5 (B) FILE #1664 WH$REAS, William H. Bockmann (hereinafter "the applicant"� is the owner of the property located at 1090 Loma Linda Avenue within the Ci�ty of Orono (hereinafter "City") and legally described as follows: Lot 9, Loma Linda, Hennepin County, Minnesota (hereinafter "the property"); and WH$R$AS, the applicant has applied to the City f or variances to Municipal Zaning Code Section 10.22, Subdivision 1 to construct a deck located nearer the lakeshore than the defined average lakeshore setback line past which no structural encroachment is normally allowed, and a variance to Section 10.24, Subdivision 5 (B) , to allow such deck to have a side setback of 8.9' where a side setback of 10' is normally required, and a variance to Section 10.22, Subdivision 2 to allow hardcover in excess of the 25$ normally al lowed in the 75-250' zone. NOW, THEREFOR$, BE IT R$SOLVED by the City Counci 1 of . Oronoi Minr_esota: FINDINGS � 1. This application was reviewed as Zoning File �1664. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District . 3. The Orono Planning Commission reviewed this application on July 15, 1991, and recommended approval of the proposed variances based upon the following findings: A) The house has onl� two exits, the second being a door which would exit onto the proposed deck. A platform and stairway would be necessary in this location for safety purposes due to the grade of 'the site. Page 1 of 6 r ' . .. � O� _ � ��'� � ' . .. _. �� CITY of ORONO � ,�� ti � �� .� �� ,,�G�' RESOWTION OF THE CITY COUNCIL �kESI3�4 NO. 3 0 0 2 B) The original structure was built in 1941 before hardcover or setback laws were enacted. C) The proposed 8'x20' deck will have the exact same footprint as the pre-existing enclosed porch in the same location which was removed as part of the applicant' s second story additian project. The applicant always intended to leave the f loor of that removed porch in place, but found it to be in a deteriorated condition and not suitable to remain as a � deck. D) Hardcover prior to the recent remodeling project was 32.9$ in the 75-250' zone. The small lot size of approximately 0.21 acre in the 1.0 acre LR-1B zoning district, and the fact that half of the lot area is in the 0-75' zone with 0-75' hardcover being less than 1�, are justifications for granting the proposed hardcover variance. E) The adjacent neighbor to the north wil 1 not be significantly affected by the side setback variance since that property is higher in elevation than applicant's property. F) The average lakeshore setback encroachment of 4' has no significant impact on neighboring properties' views of the lakes, and the low-level deck is less of an encroachment than was the pre-existing enclosed porch. 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 variances on the health, safety and we 1 f are 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 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 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. Page 2 of 6 1 ' � O� 0��a _ O -��-�� CITY of ORONO � � . � '��`l�� ti � �� ,, �'�' RESOLUTION OF THE CITY COUNCIL �kE9I�-I�g� - NO. 3 0 0 2 - CONQ.DSIONS, ORDffit 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, Subdivision 1 to allow a 4' average lakeshore setback encroachment where no encroachment is normally al lowed, and a variance to Section 10.24, Subdivision 5 (B) to allow a north side setback of 8.9' where a 10' side setback is normally required, and a variance to Section 10.22, Subdivision 2 to al low 32.9$ hardcover in the 75-250' zone where only 258 hardcover is normally allowed, subject to the following conditions: 1. Hardcover in the 75-250' zone is approved at a level of 32.9$. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with this resolution as Page 4. 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 or a change in the nature of 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. The applicant shall remove the portions of stairway � located in the 0-75' zone. A new stairway serving the deck shal 1 be located outside the 0-75' zone. 3. The proposed deck platform shall be no higher than the main floor level of the house, however, a standard railing may extend above the platform of the deck. 4. Authorities granted by this resolution run with the property not with �the applicant, but are permissive only and must be exercised by .application f or a building permit within one year of the date of Council approval, or this variance will expire on that date (August 12, 1992). 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 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 ' RESOLUTION #3002 . � ' ` �j, , 4°�� 1� . � . : �J �� , _ � _ Eos�` !9/..7/ ., 9! "7.9 „' � .i �, •�• �.•� / Q. `.� - � � w� �>G./ j0.3 �� / • �� . . o G e � h .� � �� Ex%d+'y>. w/� (�A►'� /�^ �v . _ � � • �� c•, h e f��✓f! � �P•n/t:0 j = -- - n � ��o" 9 �.� - .o �'' � j. � �0•3 «; 6 � �J1 �,��'7 �, '�° q� �` � / � u'� L�w��. a q1 � ��,,�� / - � . , • , - . -__ Fas� / i6.�.� _. �8� P� � C ;� / .� � : ��'�.� --- -__ 5 � � � � J . , P�,�_ -- ��' \ ��' , HARDCOVER CALCULATION WORKSH SETBACK ZONE: �CIRCLE ONE) O-�S� �S-�SO' ZSO-SOO' SOO-LOOO' EXISTING HARDCOVER !N ZONE ____ ^�' ---a. Nause 30, 3 x 2C•,3 = �97 s.F. 14 . LENG7H NIDTH X ' S.F. x � S.F. X S.F. ' X � S.F. H. GARAGE �z•y X Z� � � S.F. $ I = �__, S.F. C� � C. DRIVENAY � X � . _�__ X ��_� iyo 5.F. � � p. SIDEWALK X � S.F. � f' No�. x [0'7 s�F. E S�S X � s.F. E. QATiO/ llECK S ZO . . I�D S.F. � . X F.LANDSCAPE X � S.F. AfiEAS UNDEALAIN � $�F SY x . PIASTIC� i: SHEET[NG X . S.F. .. _�_-- r• Y. �_ % �__� S.F. G. OTHER X � _ S.f. f: � S.f. �A TOTAL HARDCOVER IN ZONE - �' TOTAL PROPERTY AREA IN ZONE � DD S.F. �B M1 ,' , .� �^ �.� [� 1 ' n /�_ $ W X 1�� SstJ__/ ' u--{ ;i i Page 4 of 6 :� f ' � O� . O ,::s� , O ��:�� T CITY of ORONO � `'��r��. � _ � � ��rT�� ce� — l� � �,�°` �" �'�' RESOLUTION OF THE CITY COUNCIL ��kESII�� - NO. 300 2 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of August, 1991. ATT T: . -� • � �� or thy M. allin, City Clerk Barbara A. Peterson, Mayor �� f -�' ��`�-� , �� Property Owner s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1991, 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. LINDA S. VEE . . (/�� NOTARY PUBUC - MINNESOTA Q r PU}J 11 C HENNEPIN COUNTY Y - My commisstan expirea 8-12-66 � Page 5 of 6 ! � � i • . .. .. � . .� O � � O ,,,� O� � . _ ��-=�-=� � CITY of ORONO �� , �� '� '�,� l✓�� y,� ti � ��{� '' ° �'y' RESOLUTION OF THE CITY COUNCIL '�� ''� �,� �� .g,� NO. 3002 -- STAT S SOTA ) ) ss. . COUNTY OF HENNEPIN ) On this �a- �' day of ��(9G[5�' ► 199L before me a Notary Pu�j,lic within and fo said county, personal ly appeared `/ 'Q . �'SocKmann 'oi/► Ou�ner� known to me to be the person(s) described in d who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' � �� NO A LINDA S. VEB NOTARY PUBUC- MINNE30TA HENNEPIN COUNTY My cornmisalon expires 8-t2-96 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. • COUNTY OF HENNEPIN ) On this /.�� day of l'ru 9 G�S'�" , 1991, before me a Notary Public within and for sa County, personally appeared Q � � � •a � -� pWy� 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) free act and deed. : �U+ !/�� NOT LINDA S. VEE NOTARY PUBUC - MINNE90TA HENNEPIN COUN7Y - My commisslo� expires&12-98 MY COMMISSION EXPIRES Page 6 of 6 ' ,