The URL can be used to link to this page

Home My WebLink About#3656-variances-1995 � t, � • ► � � O� O O � �.: CITY of URONO � �. ti �'C�� G'�' RESOLUTION OF THE CITY COUNCIL 9kESH�4'� NO. e� � cD � A RESOLUTION GRANTING VARIANCES , TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND 10.22, SUBDIVISION 2 FILE NO. 2083 WHEREAS, Bernice M. Zumbusch (hereinafter "the applicant") is the owner of the property located at 1�35 Long Lake Boulevazd within the City of Orono (hereinafter "the City") and legally described as follows: Lot ]9, Albee's Long Lake Addition, Hennepin County, Mimiesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.22, Subdivision 2 to permit the reconstruction of an approximate 38' x 10' deck and stair ro the lake side of the existing residence where structural excesses exist at 1,832 s.f. and where '1,500 s.f. would be allowed and the deck located within the 75-250' setback area consists of 3,957 s.f. or 87.35% hardcover and 3,795 s.f. or 83.7% is proposed and where 25% is allowed. NUW, THEREFORE, BE IT R.ESOLVED by the City Council of Oron�, Minnesota: FINDINGS l. This applicati��n ��as revie�ved as 7,oning File #2083. 2. The propert}� is located in the LR-lA Lakeshore Residential Zoning District requiring t«�o acres in area. The property consists of 9,140 s.f. or .21 acres. 3. 1'he Orono Planning Commission reviewed this application on November 2U, 1995 and reconunended unanimous approval of the �-ariances as amended, based upon the folla�zng unique findings and hardships: Pa�e 1 of 5 . • ' . . � O� O O , CITY of ORONO � � �',� G'�� RESOLUTION OF THE CITY COUNCIL t�kESH�4��' NO. eg s S F'i A. Major portions of the property receive excessive runoff from Long Lake Boulevard during heavy rains and the majority of runoff pools in the };rassed, flatter elevations at the shoreline of this property. B. The majority of hardcover from the stairs and timber walls within the 0- 75' setback area was approved by the City in 1986. The stairs installed at a 4' width is allot�ved on a property with steep elevations. C. The deck is unsafe and in need of major repair or replacement. D. Tliere is a concrete patio beneath the deck. E. 'fhe deck will have no impact on the lal:e views of adjacent residences. F. Removal of plastic underliner in the gentle or more flatter sloped azeas of the property will allow for greater absorption of runoff from the road and higher elevations to the north. G. In t}ie City Engineer's report of December 4, 1995, Shawn Gustafson notes that the removal of the plastic underliner from rock patio and timber wall landscape bo�:es will result in very little potential for �� erosion". He also notes that runoff infiltration would be increased in . these flatter sloped areas. H. The City approved variances in 1968 and 1972 to allow residential construction on this severely substandard parcel. I. Hardcover in the 0-7�' setback area has been reduced from 16.29% to 8% and in the 75-250' setback area from 87.35% to 83.7%. . 4. The City Council finds that the conditions existing on this property aze 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 Page 2 of 5 - - r � O� O O �. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9k'ESH�g'� NO. e� s e � serve as a convenience to the applicant, but is necessary to alleviate a � . demonstrahle 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 recommendatic�ns 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. CONCLUSIONS, ORDER AND CONDIIIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and 10.22, Subdivision 2 to permit the reconstruction of a 38' x 10' deck and stairs to the lakeside of the existing residence and approves a structural coverage variance of 332 s.f. or 3.6%, a hardcover variance in the 0-75' setback area at 370 s.f. or 8% and a hardcover variance in the 75-250' setback area at 2,662.5 s.f. or 58.7%, subject to tl�e following conditions: 1. All hardcover improvements as shown on the attached survey as Page �a of this resolution shall be removed prior to the footing inspection for the ne��- construction. 2. 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 11, 1996). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of tlie zoning code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 � o� 0 0 �6 CITY of ORONO � F �� G'ti RESOLUTION 03F TGHe�E CGITY COUNCIL �kESH�4' NO. 4. The undersigned applicant has read, understood and hereby a�rees 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 Cit}� Council of the City of Orono, Minnesota at a regular meeting held on the llth day of December, 199�. AT -, T: , b1 �. .� . Dorothy M. , al in, City Clerk Edward J. Ca an, Jr., Mayor � - - �� , ii� ��`� — --� Property Owne�(') . S'I'ATF, OF MTNNFSVTA ) ) ss. COUNTY OF HENNEPIN ) The foregoin� instrument was acl:nowledged before me on this llth day of December, 1995 by Edu�ard J. Callahan, Jr. and Uorothy M. Hallin, Mayor and City Clerk of tlie C'ily of Orono, a Minnesuta municipal corp�ration and said instrument was executed on behalf of the City. LelCi Lc� �• . JAMIE l.BOSMA Notaryi P blic ` • NOTARY PUBLIC-MINNESOTA •`!' : •' HENNEPIN COUNTY �_ , f. •,..•• My Commission Expires Jan.31,2000 Page 4 of 5 I � A • � � O� o O ,. - CITY of ORONO � � �,� G'� RESOLUTION F THE CITY COUNCIL L9k o�� No. � s 5 s ESH STATE OF MINNESOTA ) � . ) ss. COUNTY OF HENNEPIN ) On this_�__day of c,o�•/ , 199 5 ,before me a Notary Public withinand for said Coui7ty,persona l ly appeare d� ' `ri �x��c�, -��s��'�� ""� k nown to m e t o b e t h e �,e r s o n(s} d e s c r i b e d i n a n d h o e x e c u t ed th ore goin g uistrument, and acknc�wledged that he (�l�ey) executed the same as his (their) free act and deed. P�� , . '• JAMIE L.BOSMA � °"" ` � NOTARY PUBIIC-MINNESOTA '�' HENNEPINCOUNTY ��"� ��a��r — ,, f• ••••• My Comm�ssion Exv�res,lan.31,200o No ry Public S'TATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this cl<<}��i'_ , 199,_, before me a Notary Public withinand for said Couiity,personally appeared — known tu me to be thE I�er:on(s) described in ilI1CI VVho executed the foregoing instruinent, and acknowledged that l�e (tl�ey) ex�cuted tlie sanie as his (their) free act and de�d. Notary Public S'I'AT'E OF MINNESOTA ) ) ss. CnUNTY OF HENNEPIN ) On this clay 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 l�e (tl��;�) executed the same as his (their) free act and deed. Notary Public Page 5 of 5