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Home My WebLink About#2494-variances-1985 . . .. . . _ . . . . .. . .; ' �-. . _... ' . • ... � • . � . 4 . � �.;:.. . � clt� o� oR,oNo "`��;�,� � RESOLUTION OF THE CITY COUNCIL �('�'� NO. 2 4 94 • �.�'; � � A RRSOLDTION GRANTING . VARIANCES TO 1KONICIPAL ZONING CODB SECTION 10.22, SDBDIVISIONS 1 & 2 FILB #1320 WH$REAS, Dr. & Mrs. Robert Brandenburg (hereinafter "the applicants") aze the owners of the property located at 719 Minnetonka Highland Lane within the City of Orono (hereinafter "City") and legally described as follows: � Lot 7, Block 2, Minnetonka Highlands Estates, Hennepin County, Minnesota (hereinafter "the property"); and WHI�itBAS, the applicants have app lied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of a deck and screen porch which will co�nstitute an encroachment into the required average lakeshore setback zone where no encroachment is normally allowed, and a . variance to Section 10.22, Subdivision 2 to allow hardcover in the �5-250' setback zone in excess of the 25$ hardcover normally allowed. . NOW, TH$REFORE, BE IT R$SOLVED by the City Council of Orono, Minnesota: . ' � FINDINGS i. This application was reviewed as Zoning File #1320. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this app lication on August 15, 1988 and recon�nended approval of the proposed variances based upon the t'ollowing findings: A) The proposed construction replaces an existing deck and screen porch which were constructed when the house was built in the 1970's. The existing deck was not constructed of treated materials, and is in poor condition, hence the replacement of the deck is partially for safety purposes. B) The proposed deck and screen porch are similar in size and character to the existing deck and porch, and wi 11 encroach no further into the average lakeshore setback than the existing structures. No existing lake views enjoyed by neighboring property owners will be encroached on by this construction. A1 I work is in the 75-250' lakeshore setback zone. Page 1 of 4 ' � � �( �`� \� . - _ � � . . . . , .. • � . . ' ' '1" .• . .• . . • - .. . • • ' . . ♦ . �.:;;.�::;: - � Cit� af ORONO . t�::: -;: 'y`.x`�� RESOLUTION OF THE CITY COUNCIL .K!»�. �i'�;;. 2 4 9 4 � NO. ..�..�.• • Existing hardcover on the property is 31.8$ in the 75-250' zone. Included in the proposal is reconstruction of the sidewalk and stair system to the east side of the house, and continuation of a retaining wall at the southwest side of the house. The patio underneath the deck will also be revised. All of the above revision to the property can be completed so that there is no hardcover increase on the property above the existing 31.8$ Hardcover in the 0-75' lakeshore setback zone is 2.1�, with no change proposed. � D) There is no significant unnecessary hardconer existing on the property that could be removed to significantly decrease the 75- 250' hardcover. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the app licants and the effect of the proposed variances 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 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 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. CONCLIISIONS, ORDffit AND CONDITIOAS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1' & 2 to permit the construction of a deck, enclosed porch, walkway and step system, and patio, which result in hardcover in the 75-250' lakeshore setback zone of 31.8$ where only 25$ hardcover is normal ly allowed, and which enclosed porch and deck constitute an encroachment into the average lakeshore setback zone where no encroachment is normally allowed, subject to the following conditions: 1. Hardcover in the 0-75' lakeshore setback zone is limited to the existing 2.1$ hardcover. Applicants are advised that the existing shed in the 0-75' zone is a non-conforming structure and subject to the ordinances pertaining to such structures. Page 2 of 4 �;:.A.u: _: : c�ty o� oR,oNo ..F:.::� �,+..:�Y. . �.�^��;�<(!':��:.,.... �: -.:� RESOLUTION OF THE CITY COUNCIL •-k.+:: `�� NO. 2494 • - • • . 2.�� a dcover in the 75-250' zone shall not exceed 31.8� (6,952 s.f.) as follows: House 1,560 s.f. Garage 960 s.f. Porch 198 s.f. Deck & Patio Area 800 s.f. • Driveway 2,835 s.f. Sidewalks 395 s.f. Other Landscape Areas 204 s.f. . 6,952 s.f. (31.8$) The applicants are advised that no future hardcover wi1Z be approved for, this lot, but any future proposal to increase hardcover on the property might be approned only in conjunction with concurrent removals of existing hardcover, which result in no net increase of hardcover on the property. 3. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council app=oval, or this variance wil 1 expire on that date tSeptember � 12, 1989). ' 4. Violation of or non-compliance with any. of the terms and conditions of this resolution shall constitute a niolation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1988. ATTE : _ . , � � .�_� ! . :, � o .thy M. H llin, City Clerk J R. Grabek, Mayor , o�� P operty Owner(s) . Page 3 of 4 . • V� •A•.�M� clt� o� oR.oNo � RESOLUTION OF THE CITY COUNCIL � � NO. 2494 • - • • STATE OF MINNESOTA ) ) ss. • COIINTY OF' HENNEPIN ) _ On thi s �� day of � 'fe�h�r' , 19 8 S before me a N ry Publ 'c within and or said county, personally appeared o er'� �i'a.�J u.r known to me to be the person(s) descr' d in and who executed the - foregoinq instrument, �nd acknowledqed that he (they) executed the same as his (their) free act and deed. - w�1r�� . � , �Q.4�Eb8ALEK � �M��vt�t�'u�A { -e- .�- , � �R�+�s twt�. taeo� N Ag PUBLIC r . / / //��/ ' MY COMMISSION EXPIRES STATE OF MINNESOTA ) � � . )ss. . COIINTY OF HENNEPIN ) . On this /�� day of .Se e�de�' . 1988, before me a Notary Public within and fo�id County, personally appeared /�CLi'r.E�t.�vN �rQNQC��1 b_cca-a known to me to be the person( descri ed in and wh executed the foregoingiristrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � ll0r�� NEOBAI.EK i (.�o�c�� _ `�o��v�� urtt uc�wNNesarn r pO�iRY UgLIC N�N�iN couHnr - . '''� Yf►ooana�lloe�In.,w�,. �� //--//— �9 • MY COMMISSION' EXPIRES Page 4 of 4 i �