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144 <br />IN <br />ti <br />J44 <br />CITY of ORONO <br />RESOLUTION OF THE CITY_ COUNCIL <br />NO. 561 <br />A RESOLUTION <br />AMENDING RESOLUTION NO. 5570 <br />FILE No. 06-3245 <br />WHEREAS, Michael and Karen Maney, husband and wife, (hereinafter <br />"Owners") are the owners of the property located at 3605 North Shore Drive within the City <br />of Orono (hereinafter "City") and legally described as: Lots 11 and 12, Auditors Subdivision <br />No. 273, Hennepin County, Minnesota (hereinafter "the property"); and <br />WHEREAS, for the purpose of adding a second story to the existing residence <br />the Owners made application to the City for a variance to Municipal Zoning Code Section 78- <br />1279 to allow a lakeshore setback of 42 feet when 75 feet is required and a three-foot <br />encroachment into the average lakeshore setback; and <br />WHEREAS, for the purpose of replacing the existing detached garage and <br />shed with an attached garage and adding a second story to the house the Owners made <br />application to the City for a variance to Municipal Zoning Code Section 78-350 to allow a <br />private street setback of 0.0 feet when 30 feet is required; and <br />WHEREAS, for the purpose of constructing an attached garage, a decorative <br />wing wall and an oversized overhang the Owners made application to the City for a variance <br />to Municipal Zoning Code Section 78-1403 to allow structural lot coverage of 22.9 percent <br />when 15 percent is allowed; and <br />WHEREAS, for the purpose of adding an attached garage and decorative wing <br />wall to the existing residence the Owners made application to the City for a variance to <br />Municipal Zoning Code Section 78-1288 to allow 16 percent hardcover in the 0 to 75 foot <br />zone when none is allowed and to allow 61.4 percent hardcover in the 75 to 250 foot zone <br />when 25 percent is allowed; and <br />WHEREAS, on January 22, 2007, the City Council adopted Resolution No. <br />5570 granting these variances for purposes of adding a second story and attached garage to <br />the existing residence; and <br />WHEREAS, in reviewing the plans submitted for a building permit Planning <br />Staff found the plans called for removal of all the existing structure except the perimeter <br />foundation and on April 3, 2007 Planning Staff denied the permit application on the basis the <br />work proposed was beyond the scope of the variance approval; and <br />Page 1 of <br />