HomeMy WebLinkAboutResolution 5955 O
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SI;ONO. 5 9 9 F—
A RESOLUTION DENYING
A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1288
FILE 10-3477
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 regulation for the protection of the public health, safety
and general welfare; and
WHEREAS,John F. Roedel (hereinafter"the applicant") is the owner of the property
located at 4725 North Shore Drive within the City of Orono (hereinafter"the City") and legally
described as follows:
Attached as Exhibit A (hereinafter"the property"); and
WHEREAS,the applicant has applied to the City of Orono for a hardcover variance to
permit installation of a 187 square foot patio,requesting a variance from City Code Section 78-
1288 in order to allow 3,358 s.f. or 40.8% of hardcover within the 75'-250' zone where 2,878 s.f.
or 34.5%was permitted by Resolution No. 5553 and 2,055 s.f. or 25%is normally allowed.
WHEREAS,the City Council has reviewed the application; the recommendation of the
City staff and Planning Commission; and the comments and written statements submitted by the
applicant.
NOW,THEREFORE,BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested variances as described above based on one or more of the following
findings of fact concerning this property:
1. The property consists of 0.31 acre, or 13,926 square feet in area.
2. Variances to lot width, lot area,rear yard setback and 75'-250' zone hardcover
requirements were granted in 2006 (Resolution No. 5553) on this property to
permit construction of a new residence.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SHOQ�G NO. 5 9 5 5
3. A minimal amount of additional hardcover was permitted at the time of the
building permit to accommodate the minimum landing required by building code
at points of egress resulting in the current hardcover level of 3,171 s.f. or 36.6%
within the 75'-250' zone.
4. 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.
5. The applicant has failed to satisfy the provisions of Municipal Zoning Code
Section 78-1288. The Council finds that:
a. The property in question is zoned residential and the applicants have a newly
constructed home located on the property. The applicant has failed to
demonstrate that they will not have a reasonable use of their property without
the necessary variance that allows them to construct a 187 square foot patio.
b. The applicant has not demonstrated a reasonable hardship or practical
difficulty. The request for a variance to construct a 187 square foot patio is a
mere convenience to the applicant.
c. The conditions &limitations imposed by the Zoning Code on this property are
the same as those imposed on other properties within this zoning district.
6. 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.
Adopted by the City Council of the City of Orono on this 23rd day of August, 2010.
ATTEST:
inda S. Vee, City Clerk (Oles M.White, Mayor
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