The URL can be used to link to this page

Home My WebLink About#2065-variance-1986 �'��r. �--c,�.-r_c�� 7,� �'l� ri� t City of ORONt� �� RESOLUTION OF THE CITY COUNCIL � NO. 2065 �e� • - • • `�r� �- " �� , I�� '� . ��J . A RESOLDTION GRANTING �� A VARIANCE TO MIINICIPAL ZONING CODE . SECTION 10.22, SIIBDIVISION 1 & 2 FILS #1075 WHEREAS, Joseph Durda (hereinafter "the applicant") is the owner of the property located at 3135 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey No. 1113, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has app�ied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 1 & 2 and 10.55, Subdivision 8 to permit the construction of a balcony and after-the-fact construction of a deck, both located less than the required 75' setback from the lakeshore, and constituting structural hardcover in the 0-75' lakeshore setback zone where no hardcover is normally allowed. NOW, THEREFOR$, BE IT R$SOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1075. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application oM September 15, 1986, and recommended approval of the proposed variance based upon the following findings: A) The existing residence on the property was constructed in 1973 prior to the 1975 zoning code 75' setback requirement, and is located approximately 42' from the lagoon on the property, the shoreline of which is considered by the City to be the lakeshore of Lake Minnetonka. B) Lot area in the 0-75' lakeshore setback zone is 31,300 s.f. of which 3 , 527 s.f. or 11.27 $ is covered with impervious surfaces (hardcover). Lot area in the 75-250' lakeshQre setback zone is 13,300 s.f. of which 5,873 s.f. or 44.2� is hardcovered. Page 1 of 5 Clt� of O �. .� �� . � �� RESOLUTION OF THE CI�� • NO. 2065 �� • - • • C) The applicant's contractor removed a 72 s.f. concrete patio in the 0-75' setback zone and replaced it in the same general location with a 144 s.f. wooden deck in Spring 1986, without obtaining the necessary approvals or permits. The deck is located 25' from the lakeshore. The deck construction results in a net increase of 72 s.f. of 0-75' hardcover, or an increase to 11.50$. D) The applicant is requesting approval for a balcony extension on the second f�oor between existing balconies serving the master bedroom and screen porch, all within the 0-75' setback zones. The entire proposed balcony extention is above existing hardcover consisting of rock beds under- lain by plastic, hence no increase from pre-existing hard- cover will result from the proposed balcony. The balcony extention Wi1 i provide a secondary fire exit from the master bedroom. E) The property contains a large square footage of rock beds underlain by plastic in the 0-75' zone, from which the plastic can be removed to compensate for the increased deck hardcover. 4. The City Counci 1 f inds that the rock beds under lain by plastic within the property constitute excessive and unneccessary hardcover in an amount of approximately 2,375 s.f. 5. 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. 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 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. Page 2 of 5 � �� '�'`� �� Cit� o� OR . . . �: . ��fl RESOLUTION OF THE CITY COUNCIL • NO. 2065 • - • • CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 & 2 and Section 10.55, Subdivision 8 to permit the after-the-fact construction of a deck constituting an increase of 72 s.f. of structural hardcover in the 0-75' lakeshore setback zone, and to permit the construction of a balcony extention which constitutes additional structure over existing hardcover in the 0-75' lakeshore setback zone, subject to the following conditions: 1. The balcony shall be limited to a 3' width along the house between the existing bedroom balcony and screen porch balconies. 2. The deck may remain in place as constructed, subject to review by the Building Inspector. A permit is required for the deck and the balcony. 3. All plastic sheeting underlying rock landscaping beds on the property shall be removed. This Wi11 result in the following areas of hardcover allowed to remain on the property: 0-75 ' Zone: House 2,325 s.f. Porch 400 s.f. Porch Balcony 195 s.f. Bedroom Balcony 60 s.f. New Balcony 48 s.f. New Deck 144 s.f. 3,172 s.f. or 10.1$ (0-75 ' Lot Area = 31,300 s.f. ) 75-250 ' Zone: Garage 973 s.f. Driveway 3, 000 s.f. 3,973 s.f. or 29.9� (75-250 ' Lot Area = 13,300 s.f. ) The plastic sheeting removed may not be replaced with any type of geotechnical fabric. 4. The applicant is advised that any future proposal to increase hardcover on the property, inclucling installation of additional landscape rock beds underlain by plastic, Wi1i not be approved and might be approved only with concurrent removal of equivalent amounts of existing hardcover. Page 3 of 5 Cit� of OR � �� RESOLUTION OF THE CITY�� • NO. 2065 • - � • 5. Authorities granted by this variance 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 Counci 1 approval, or this variance Wi 11 expire on that date (October 13, 1987). 6. Violation of or non-compliance with any of the terms and conditions of this variance 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 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 Orono City Council on this 13th day of October, 1986. ATTEST: � ^ '� � � Dorothy M. Ha11in, City Clerk Mary C. Butl r Mayor � �,.,��._� r. ��-�--, Property Owner(s) Page 4 of 5 I ' , �� • ��` t �. �. C1tY O� OR+� , . : :� �� ' � !l +�a , � � ,�°. � �� RESOLUTION OF THE CITY COUNCiL � NO. 2065 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� '�, day of /V�r/�.t�-..�.�,,-- , 1986 before me a Not ry Public ��',�ith�' and for said county, personally appeared �t�/�;rc�z_S ( " . j )�,c ,�.J Q 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. ) /% � � � � /�, �o-a— , - /�C�_�"--_ THEREBA L. NAAB NOTARY PUBLIC M�AAY PU9L�C • MINNESOTA HENNEPIN COUNTY IA►aoa�Npion exptr�s a9-s2 9 � �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, 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, ancl acknowledged that he (they ) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5