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Home My WebLink About#2898-variances-1990 L''' City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2898 ORONO A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE S CTION 10.22, SUBDIVISIONS 1 & 2 FILE #1579 WHEREA , Garry and Marie Everson (hereinafter "the applicants") are owners of the property located at 4755 North Shore Drive with n the City of Orono (hereinafter "City") and legally described as follows: The Southeasterly 1/2 of Lot 7, and Lots 5 and 6, Bergqui t and Wicklunds Park, according to the recorded plat th reof, Hennepin County, Minnesota (hereinafter "the pr perty") ; and WHEREAS, the applicants have applied to the City for variances seeking after-the-fact approval for construction of a deck located lak ward of the defined average lakeshore setback line where no such encroachment is normally allowed per Municipal Zoning Code Sect ' on 10.22, Subdivision 1 (B) , such structure being located le s than the 10' side yard setback required for such structures er Section 10.24, Subdivision 5 (B) and such structure increas ng hardcover in the 75-250' lakeshore setback zone in excess o the 25% normally allowed in that zone per Section 10.22, Subdivision 2; and WHEREA , after initial review by the Planning Commission and ity Council , the applicants revised their proposal to omi the request for the side setback variance, proposing to rem ve all deck portions not meeting the required 10 ' side setback. NOW, TH REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This app ication was reviewed as Zoning File #1579. 2. The property is located in the LR-1B Single Family Rural Residential ,oning District. Page 1 of 5 �\ City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2898 ORONO 3. The Orono Planning Commission originally reviewed this application o August 20 , 1990 and on a vote of 4-1 recommended de' ial of the hardcover and side setback variances, fi ding no justification for approval. On September 24 , 1990 , the City Council reviewed the application and voted 4-0 to conceptually deny the request. At the Council meeting of October 8, 1990, the applicants proposed to rev se their request to omit the need for a side setback varianc-. The Council referred the matter back to the Planning Co ission. 4. The Orono • lanning Commission reviewed the revised application on October 19, 1990 and recommended approval of the revised v - riance request based upon the following findings: A) Applic= nts have agreed to remove all portions of the deck 1=ss than 10' from the side lot line, thereby eliminatin• the need for a side setback variance. B) Applica ts further proposed to replace the rock and plastic o the north side of the house with grass, yielding a final 75-250' hardcover of 49.9%, below the currently :xisting 57.3% and below the 54.7% hardcover that existe• before the new deck was constructed. C) Retenti.n of the portions of deck encroaching past the defined; average lakeshore setback line will not have any ' mpact on existing lake views enjoyed by neighboring property owners. 4 . The City C •uncil has considered this application including the f ndings and recommendations of the Planning Commission, r : ports by City staff , comments by the applicants and .he effect of the proposed variances on the health, safety a d welfare of the community. 5. The City Cou ci 1 finds that the conditions existing on this property ar peculiar to it and do not apply generally to other propert 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 p operty; would not merely serve as a convenience to the applicants , but is necessary to alleviate a d monstrable hardship or difficulty ; is necessary to pr serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Z ning Code and Comprehensive Plan of the City. Page 2 of 5 • City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO, 2898 ORONO CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of a 398 s.f. deck plus a 4' wide stair- way, such deck and stairway constituting hardcover in the 75-250' zone in excess of the 25% normally allowed, and such deck encroaching 10' past the defined average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: 1. Applicants shall remove all portions of the currently existing deck which are located less than 10' from the side lot line, such removal to occur no later than June 1, 1991. 2. Applicants shall remove 664 square feet of crushed rock/plastic hardcover area between the house and the road and replace this area with sod, such removal and sodding to occur no later than June 1, 1991. 3. Applicants are advised that hardcover on the property in the 0-75' and 75-250' zones may not exceed the amounts and percentages as shown on the survey and table attached as Exhibit A. In the 75-250' zone, final hardcover shall not exceed 49.9%. Any future proposals to increase hardcover on the property in the 0-75' and 75-250' zones will not be allowed, but might be approved only in conjunction with concurrent removals of existing hardcover, yielding no net hardcover increase. 4. Applicants shall pay to the City an after-the-fact investigation fee in the amount of $175.00 as provided in City Council Resolution #1306. 5. Applicants shall obtain an after-the-fact building permit for the portions of deck and stairway to remain, and furthermore shall bring such remaining deck into compliance with all building code requirements as may be required by the Orono Building Inspector. 6. Authorities granted by 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 approval , or this variance will expire on that date (November 13, 1991). Page 3 of 5 r A City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2898 ORONO 7. Violatio of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning co e, shall automatically terminate any authority granted herei , and shall be punishable as a misdemeanor. 8. The unde signed applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselve , their heirs, successors and assigns, hereby agree to the ecording of this resolution in the chain of title of the roperty. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of November, 1990. 1 ATT •T: Dorothy Halli , City Clerk ward J. Ca la an Jr. , M r` • la ' i AM ...,k7- ...15""42.-7 - ..,,,,--e.,7.....-,...-. Proprty Owner(s) STATE OF MINNESOTA I ) ss. COUNTY OF HENNEPIN ) The foregping instrument was acknowledged before me on this 13th day of N vember, 1990, by Edward J. Callahan, Jr. & Dorothy M. Hallin Acting Mayor & City Clerk of the City of Orono, a Minnesota unicipal corporation and said instrument was executed on behalf f the City. //L6 ---)7J- `1>- 4 4 !" � ucL' Nggg Notary Public Y. MINNEZOTA HENNexPiresEPIN COUNTY� Page 4 of 5 �\ City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 7898 DRONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of e_ex...4_,( . , 199 / before me a Notary Public within and for saidC ounty, personally appeared 41 /U 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. ZIA/� Jeanne 111. Gilbert NOTARY PUBLIC•MINNESOTA am`'•�' RAMSEY COUNTY N(3TARY PUBLI MY COMMISSION EXPIRES OCT.5. 1996 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this vZ-) day of , 199/ , before me a Notary Public within and for said Couicty, personally appeared 4 /'_ 7'cA 5049 known to me to be the p�rson( s ) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. // ‘4,4/7 ;:�?��, J eanne M. Gilber' t TSPY OTARY PUBLICzi No °UBL1_.M I NNESCTF. R4 MSEY ..O_,., e MY COMMISSION Ex=!REE OCT , 1P9 MY COMMISSION EXPIRES Page 5 of 5