The URL can be used to link to this page

Home My WebLink About#3353-after the fact variances-1993 , , �' ��' CITY of O -. 0 ORONO �� RESOLUTION OF THE CITY COUNCIL r� ` �� ; � ,�,,► ��` `}�"��' �, NO. e� ,� �� .� ti �� ' ��G kESH� A RESOLUTION GRANTING AFTER-THE-FACT VARIAi�10ES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDNISION 2; SECTION 10.56, SUBDIVISION 16 (L); AI�tD SECTION 10.24, SUBDIVISION 5 (B) FILE #1879 WHEREAS, Allen and Kathleen Bakke (hereinafter "the applicants") are owners of the property located at 1127 Loma Linda Avenue within the City of Orono (hereinafrer "City") and legally described as follows: All of Lot 22 and that part of Lot 29 lying soufh of the north 100' thereof as measured alona the east and west lines of said Lot 29, and the east two-fifths of Lot 21 as measured along the north and south lines thereof, and the east two-fifths as measured along the north and south lines thereof of that part of that part of Lot 30 lying south of the north 100' thereof as measured along the east and west lines of said Lot 30, ."Loma Linda", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit hardcover in the 250-500' setback zone exceeding the 30% allowed hardcover, and an after-the-fact variance to Section 10.24, Subdivision 5 (B) to allow encroachment of a deck within 2' of a side lot line where a 10' side yard setback is normally required for such structures. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1879. 2. The property is located within the LR-1B, Single Family Lakeshore Residential Zoning District. Page 1 of 7 iss 5005 Disk pan � ��' CITY of ORONO O_.:� O � �;�T� ,� RESOLUTION OF THE CITY COUNCIL ,`'��, i��.�;�� N0. � � - � ti t��9x og�G Es8 3. The Orono Planning Commission reviewed this application on October 18, 1993, and recommended approval of the after-the-fact variances subject to specific hardcover removal requirements, based upon the following findings: A. The applicants' statement of hardship and unusual property conditions indicate that the angle of the house in relation to the lot lines creates poor accessibility to the rear of the lot, necessitating the deck. B. The deck as it exists today has been in place for eight years. - C. Hardcover prior to the deck installation was approximately 32%, now is approximately 35%, all in the 250-500' zone. There is an area of the driveway backup apron which can be removed to reduce hardcover on the property by approximately 2%. D. Applicants' fence encroachment 2' over the rear lot line should be elitninated, and the storage shed located in the front yard where no stora�e . shed would normally be allowed, should be removed. E. Applicants apparently conversed �with the Building Inspector at the time of the eonstruction, and for unknown reasons no permit or variance applications were made at that time. 4. The deck is an encroachment on the side setback requirement because its railing extends aiiove the ground floor level of the residence. Portions of the deck are at an elevation that requires a railing per the building code. If the deck was lowered and the railing removed, there would be no need for a variance. However, age of the deck and its railing height no higher than the height that a . fence could be in the side yard, suggests that the encroachment has a mini.mal impact on the neighboring properties, especially since that deck is near the rear comers of the two nearest neighboring properties. 5. The City Council has considered this application including the fmdings and recommendadons of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. , Page 2 of 7 ►..��. � �`�' CITY of ORONO O_..� O �:�;^� � RESOLUTION OF THE CITY COUNCIL `'� ��,��r.�� ti N0. � `�, � `�►t� ' ti G �9�E3I;��'� � � 6. 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 applicants, but� is necessary. to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono Ciry Council hereby grants after-the- fact variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56; Subdivision 16 (L) to allow 33.2% hardcover in the 250-500' zone where only 30% hardcover is normally allowed, and an after-the-fact variance to Section 10.24, Subdivision 5 (B) to allow a side yard deck setback of 2' where a 10' side yard setback is normally required, subject to the following conditions: 1. Hardcover on the property is limited to 33.2% of the lot area as shown on the sketch on page 6 of this resolution. Hardcover removals required to bring the properry into compliance with this requirement are indicated on said sketch, and such removals shall be completed within thirty days of the date of this resolution. The property owners and all future property owners are advised that this property is at its hardcover limit, and any future proposals to add or revise hardcover on the property will require City approval, and might be approved only in conjunction with concurrent removals of existing hardcover resulting in no net increase of hardcover on the property. 2. The storage shed located in the front yard shall be removed from the property upon applicants' sale of the property but in any case shall be removed no later than June 1, 1994 as agreed to by the applicants. 3. Applicants shall obtain an after-the-fact building permit (double permit fee) and shall pay the $175.00 after-the-fact investigation fee for this variance application. Page 3 of 7 ►..��a.. � ��' CITY of ORONO O :� O . �;_�;T� � RESOLUTION OF THE CITY COUNCIL � '�� , NO. � �� ;-, • � ti ��9x o¢�G ESH 4. Applicants shall eliminate the encroachment of the fence into the neighboring property to the rear, within thirry days of the date of this resolution. 5. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for an after=the-fact building permit within thirty days of the date of Council approval. Further, all terms of this resolution must be complied with no later than one year from the date of Council approval, or this variance will expire on that date (November 8, 1994). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recorcling of this resolution in the chain of title of the property. Adopted by the City Council on this 8th day of November, 1993. A T: � � Dorothy M. H , Ciry Clerk Edward J. Callah , Jr., Mayor , , ,� ��-��,.� ;� Property Owner(s Page 4 of 7 ►..saos a.a.. � �`�' CITY of ORQNO O -:.� O . �:�T� ,� RESOLUTION OF TI� CITY COUNCIL � ��..�� , NO. � - ti t��9lt Og'�'G . E3II � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � Tlie foregoing instrument was acknowledged before me on this 8th day of . November, 1993, by Edward J. Callahan, Jr. & 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. �� ,�� /.� Notary Public LINDA S. VEE � N07AP.Y PUBL�C - MINNESOTA ' ' = HENNEPIN COUNTY � � .�� My commission expires 8-12-98 � Page 5 of 7 - ►..soos o�r ao. ' �- � ` •• HANDCAYFA CACCULAT[OH�IONKSfi cE"� _.._ .. C��. D-L _ sEre�cx zonc:`(ccnc�oe+e) 0-75' 75-�0' 2�U_5 � S00-100a• Exuruia HAaxw� tn Zone A. 'HausB 4R.�is 7� Zro.39 ' 12'lb s.f.Q• . � � � .- . _ �.vcra -• w�nrx - . . ' SN� '�.� X '►.b ' S9� t.F.O % S.F. ' X S.f. � x s.r. . t. Cuiuce x � s.t. ' • p.fiw�o��C C. OR[VENAY X 7�46 's.f.m 2.35 S�. _ • -. ._ . _ .__.' . 1 _... qw kQRpA % � S.F. � � � 0.,$[OEAAUC ' X � � S.R.(+� � . T � � \J J O S�aawe�l� - X � S.F.� . � . Q � V ' , . O E ^-y� X 86�1 S.F.� �� j � IBJ CX� X ' . � r ' . . S.F. • . , i 3� C,l�IA�N FENC� ON� R.u,,,s�[ x :.F. . � ��yG� �L1NE HERE('� „�°u,„ � ::f. `� DIASTIC� ' x � � sHeersnc s.r. . x - ' . x � s.f. � t. On+Ex . . X • •-- a.f. ��S . / O. � ` ror�IGnxoven rn Zane - .• 4si s :.f. �A 'Z� � .�-- - . � y2ao � — -0.Q8 � Tar�t Paarann Aae��tx Zone - Iz4o1 s.�. B n � � ., ' � p �S — 8 li o x 300� 35•0 � ' � 4Fr'erC O . Cy � �{Z:do : IZqo1 xroo= 33.2 °!�o R.c�wu�- 0.02- �� h$;�S R�{ �'� � � . ._.., ---� �` � .� �� -Z� S�'�'�K -_ 30 �.- � F� ��z? � ., �-50.��_ �� a �0 35 � � � � o��,� � Q,G . � `CN 1�-°��; caNc• ' ;� , � � �,4� ; . . � � ' RQ � ��i ��p CONG. WA � �� o �j�j � p `� r �& STEPS � 14 g� � � � � , � i � � = p ,� � � . _ � � � . � �y-,;,' . ,,� , . _ � . Q � �. .. :' ,,-' � . � CO • - � � r— �' ' ��r�� . O � ; � � � ?�3� .' �` . 00 � . z r-�:3 T � pJ. ; ; ,' "� � � ��. � � � . � • _ , � v� � , o � � ? 'D� r� . 5�.'.� . � N = NO� . '�06',' � � � .� ( ,�p ,��'l .�.' ` �� ,, _ � r . � � '_'_ ' ,' I �� ! � .�� . . ` ' . � Page 6 of� 7 • , . .. . � O� O :. O CITY of ORONO �.��T� RESOLUTION OF THE CITY COUNCIL '� q�� " N0. � T � 1 �� ti ,� . ,� Gti �9kE3H�g'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this �� day of /�/��{�/�� , 199 3 before me a Notary Public within and for said county,personally appeared .�j/�n ,�� d��E, 7�'ta r r, �� 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. �! ' �- LINDA S. VEE ?1�� /�� NOTAP.Y PUBLIC - MINNESOTA ' t �; HENNEPIN COUNTY NOT Y PUBLIC � � My comrr�isslon exPires 8-12-68 � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�fh day of r , 199 3 before me a Notary Public within and for s�id county,personally appeared ;� �j P � ��P, ma rr�' ec�_ 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. CAROLE A. W►SEMAN /� NOTlIFi�1 PUBLIG-NL�p1E90TA / , . HENNEPIN COUNTY �-� '� ""CO1A1'�'0N°`P�"�°6 NOTARY PUBLIC Page 7 of 7 ►�.wos a�a..�