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Home My WebLink About#3731-variances-1996 ; ai O (;‘ .4O 0,� CITY of ORONO ,, 11;eN1 ;41 ~ RESOLUTION OF THE CITY COUNCIL <44 v.+ NO. 3 '7 31 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) and 2 FILE NO. 2133 WHEREAS, John P. Spooner and Karla B. Spooner (hereinafter "the applicants") are owners of the property located at 1385 Orono Lane within the City of Orono (hereinafter "the City") and legally described as follows: Refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the removal of a lakeside deck to be replaced by a grade level granite patio and the installation of a 4' x 6' concrete pad at the southeast corner of the residence. The lakeside deck is located 26' from the shoreline, the proposed grade level patio will be 40' and the cement pad 50' where the Code would require a 75' setback. The comprehensive improvement will result in 3,851 s.f. or 15.8% hardcover within the 0-75' setback area where 4,140 s.f. or 17.04% exists and where none is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2133. 2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning District requiring two acres in area. The property consists of 50,840 s.f. or 1.2 acres. 3. The Orono Planning Commission reviewed this application on May 20, 1996 and recommended unanimous approval of the variances as proposed, based upon the following unique findings and hardships: Page 1 of 4 A.. g*:° --- O =.4 0,... CITY of ORONO it, '. i � o�l:4\4 ,.,4, 01)::,,,,. G's RESOLUTION OF THE CITY COUNCIL � , __________ 4 . ti 3 7 31 - 9kzsg.04�' NO. A. The 70 year old residence structure was built before current standards for lakeshore development. B. The present deck is unsafe and in need of repair. C. The proposed improvements will result in reduced hardcover and improved lakeshore setbacks for the proposed accessory structures in the lakeshore yard. D. The 4' x 6' cement pad will provide minimal space for use of an outdoor cooking grill to be located 50' from the shoreline. E. Approximately half of the area of the 1.2 acre property is located within the 0-75' setback area where no construction is allowed. F. The property is surrounded by lakeshore on both the south and east sides. 4. 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 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. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of a grade level granite patio and a 4' x 6' cement pad at the southeast corner of residence, subject to the following conditions: Page 2 of 4 z g‘:°------- l':::, ' ,t�� f,w.. CITY of ORONO '� ' ,o;i � ti ____ ._._ �� ; i�, ��G� RESOLUTION OFJT� ITY COUNCIL 9kESI;�4L NO. 1. Applicants shall be responsible for providing appropriate erosion control at the lakeside of the residence prior to the removal of the deck and that erosion control shall remain in place until entire disturbed area is restored to natural groundcover. 2. Authorities granted by this variance 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 approval, or this variance will expire on that date (June 10, 1997). 3. 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. 4. 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of June, 1996. A IE .T: , A, .t...)11 A, // • 4_,.., 04 / �' �"orothy M. Hmg, City Clerk E ward J. Call an, Jr., Mayor 12c6' Property Owner s) Page 3 of 4 . ,. 1,, 0 , cl----- **11). . ,,� CITYofORONO -, . iil „,,, 1., , li �C,'� RESOLUTION OF THE CITY COUNCIL. 9kESH04 NO. 3 7 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of June, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 7-4-- %y�H: • LINDA S.VEE , NOTARY PUBLIC-MINNESOTA :=A:` HENNEPIN COUNTY ..,/.-e-,: - - L ' I �• My Commission Expires Jan.31,2000 a- Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 9� day of ,1-4,t /ii , 199 (0 before me a Notary Public within and for said county, personally appeared Ka/./6- 8 . 5j� c c ii e c, 01a r r. f 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. ':C'.eti • fi'Tr-irf��C.r��i�rr�Yff ”' LINDA S.VEE n`�� I ('��' %_jl NOTARY PUBLIC-MINNESOTA ky °.'"ts s.- HENNEPIN COUNTY N TARY PUBLIC `'.••'° My Commission Expires Jan.31,2�0 f rII.!.1lIl/lllffll/l!!!//IIJS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this q r day of -7-111 y , 1991_ before me a Notary Public within and for said county, personally appeared J tri PFai o EP-. M P C P.I E b 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. - It AAAAAMAAMAAMMAAAMMAAWAMAA ROUINDA L ROSE r ir (16-4, _/1.41— ' `- z%I, NOTARY PUBLIC.IUP NESOTA NOTARY PUBLIC WASHINGTON COUNTY My Commission Expires Jan.31.2000 Page 4 of 4 •L P EXHIBIT A 23 1 LEGAL DESCRIPTION OF PREMISES: Lots 1 , 2. and 3, and accretions and relictions thereto, and that part of the vacated street, all in "Homes on Brown's Bay", and that part of Government Lot 3, and accretions and relictions thereto, in Section 2, Township 117, Range 23, all described as commencing at the Northwest corner of Lot 3, in "Homes on Brown' s Bay"; thence southeasterly along the Northerly line of Lots 3, 2. and 1 in "Homes on Brown' s Bay" a distance of 267 feet; thence deflecting to the left 106 degrees 03 minutes a distance of 41 .55 feet to the Northerly line of "Homes on Brown's Bay" to the point of beginning; thence deflecting to the right from the Northerly line of "Homes on Brown's Bay" 16 degrees 30 minutes a distance of 31 .35 feet;- thence deflecting to the right 31 degrees 15 minutes to the shore of Lake Minnetonka; thence southerly and westerly along the shore of Lake Minnetonka to its intersection with the extension of the West line of Lot 3 in "Homes on Brown' s Bay"; thence north along the extension of the West line of Lot 3 in "Homes on Brown' s Bay" and north along the West line of Lot 3 and its extension, in "Homes on Brown's Bay", to the northerly line of "Homes on Brown's Bay"; thence southeasterly along . the Northerly line of "Homes on Brown's Bay" to the point of beginning.