HomeMy WebLinkAboutResolution 4235 ,' .
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\�',� �'� RESOLUTION OF THE CITY COUNCIL
��kESH��� NO. � � r r�
A RESOLUTION DENYING
AFTER-THE-FACT VARIANCES PER
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1 (B) AND 2;
10.56, SUBDIVISION 16 (L) (1);
AND SECTION 10.03, SUBDIVISION 14 (C).
FILE#2443
WHEREAS,the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,pursuant to State Statutes 412 et. seq. and 462 et. seq.,the City Council
of the City of Orono has adopted zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS, Glenn C. Upton (hereinafter "the applicant") is the owner of the
property located at 3685 North Shore Drive within the City of Orono (hereinafter "the City") and
legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for after-the-fact
variances to permit a lakeside deck located 40' from the 929.4' Ordinary High Water Level (OHWL)
of Lake Minnetonka, a General Development Lake, requesting the following approvals:
1. Section 10.22, Subd 1 (B): To permit the construction of a residential deck 40' from
the lakeshore where 75' is required.
2. Section 10.22, Subd. 2 and Section 10.56, Subd. (16)(L)(1): To allow 1,897.6 s.f.
(22.6%) hardcover where 0% is normally allowed.
3. Section 10.03, Subd. 14 (C): To allow structural coverage to increase from 1,888.75
s.f. (21.6%) to 2,034.75 s.f. (23.3%).
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, CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
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�9kESH0g� NO. � � s ��
WHEREAS,the City Council has reviewed the application;the recommendations
of the City staff and the Planning Commission;and the comments and written statements submitted
by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
T-iinnesota.hereby denies the requested after-the-fact variances as described above based on one or
more of the following findings of fact concerning this property:
1. The property consists of.40 acre,or 17,472 s.f. in land area, of which 8,742 s.f. is
within a driveway easement and is not included in the lot area. The lot azea for this
lot is 8,730 s.f.
2. The deck was built in 1996 without a permit. The applicant has indicated in the
Statement of Hazdship no building permit was applied for because allowed hardcover
could not be met by the structure.
3. Variances were granted in 1995(Resolution Number 3547)on this property to permit
construction of an addition to the existing residence 52'from the lakeshore where 75'
is required and to allow 22.2%hazdcover in the 0-75' lakeshore setback where none
is normally allowed. The original proposal requested an encroachment within 50' of
the lakeshore for a deck. The DNR recommended denial of the variance to allow any
structure or hardcover to within their 50'setback for Lake Minnetonka. The deck and
other structure was removed from the plan or placed outside of the 50' setback
following a denial recommendation by the Planning Commission.
4. A lakeside deck does legally exist within 50'of the lakeshore. It was constructed in
1984 and was allowed to remain upon approval of Resolution Number 3547.
5. The deck built in 1996 without a building permit is accessed from the residence by
a sliding glass door. The Code does allow,as a non-encroachment a 4'by 4' landing
with stairs.
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, CITY of ORON4
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RESOWTION OF THE CITY COUNCIL
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�9xESH�g'� NO. � � �:� '�
6. It is the intent of the Comprehensive Plan and Zoning Code to protect the water
quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No
hardship exists on this lot that would require additional hardcover.
7. The granting of the requested after-the-fact variances would be contrary to the
provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A)with which
the applicants must first comply in order that variances be granted. The Council
finds that:
A. The property in question can be put to a reasonable use if used under the
conditions allowed by the official controls if the proposed after-the-fact
variances are granted. A deck that encroaches 40' from the lakeshore was
constructed with a building permit in 1984 that is located on the lakeshore
side of the home.
B. The plight of the landowner was created by the applicant constructing the
deck without applying for a building permit,knowing he could not meet the
established allowed hardcover.
C. Granting of the proposed after-the-fact variances would appear to serve as a
convenience to the applicants and the applicants have not demonstrated a
reasonable hardship or practical difficulty acceptable to the City.Council.
D. The conditions and Zoning Code limits imposed and existing on this property
generally apply to all other land and structures in the zoning dishict in which
this property is located as well as in adjacent residential zoning districts.
8. 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.
9. As a result of the denial of after-the-fact variances,the aforementioned illegal deck
must be removed within fourteen(14)days of the adoption of this resolution.
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, C ITY of ORONO
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� G'�' RESOLUTION OF THE CITY COUNCIL
• �9kESII�g'� NO. � � � �. �
Adopted by the City Council of the City of Orono on this 8th day of February, 1999.
ATTEST:
�����
� Linda S. Vee, City Clerk Gabri Jabbour,Mayor
STATE OF MINNESGI A )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of February,
1999,by Gabriel Jabbour& Linda S.Vee,Mayor& City Clerk of the City of Orono,a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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