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Home My WebLink About#3313-variances-1993 ` , . � O 6140'�86 ' - � � CITY of ORONO O �.� O �� ,� RESOLUTION O C�TY COUNCIL � � � �� , � y �; ��, NO. '��9� o¢�G ESII A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C), 10.22, SUBDIVISION 2 AND 10.24, SUBDI�ISION 5 (B) FILE NO. 1840 WHEREAS, James T�.ylor (hereinafter "the applicant") is the ov✓ner of the property located at 1342 Rest Point Circle within the City of Orono and legally described as follows: Lot 10, Rest Point Park together with the southwesterly half of public right-of- way vacated adjoining said Lot 10, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C), Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a 22' 7" x 3' 4" deck/walkway resulting in an increase of .5% of lot coverage where 16.7% exists and 17.2% is proposed and where 15% is allowed. Hardcover within the 75-250' setback area exists at an excess of 51.8% and is proposed at 5,013 s.f. or 52.2% where 25% is allowed and the structure will be placed 7' from the east side lot line where a 10' setback is required: NOW, TIiEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1840. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 15,140 s.f. or .34 acres. 3. The Orono Planning Comm�ssion reviewed this application on July 19, 1993 and recommended approval of Ithe proposed variances as amended based upon the following findings: �age 1 of 5 � � Fam5005DiskOmm r � ` � ��' CITY of ORONO O .,� � O � � � RESOLUTION OF THE CITY COUNCIL � � ,� ��,, � � :.� � � ,�� Y �; � NO. G �9�E8i;��`� A. Severely sloping topography and mature vegetation along east lot line minimizes impact of structure on adjacent residence. B. The proposed deck will extend no closer to the east side lot line than the existing side deck. C. The neighbor to the east has been advised of the proposed improvement and the City has received no negative comments. 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 cpnsidered 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), 10.22, Subdivision 2 and Section 10.24, Subdi�vision 5 (B) to permit the construction of a 22' 7" x 3' 4" deck/walkway connecting upper level gravel parking area to an existing deck at east side of residence structure, subject to the folloYving conditions: � I Page 2 of 5 . fam5005 DiskOrono . � °� . O ., O CITY of ORONO . � `�`=� .�, RESOLUTION OF THE CITY COUNCIL � � � NO. �s� �`' --�I! '�►a ' �,� �' " ' ti � '�',�9 �G �'ESB��' 1. Applicant shall complete the following removals of existing hardcover improvements: A. 10' x 15' concrete slab within 0-75' setback area by August 31, 1993. B. 40 s.f. of brick patio area within 75-250' setback area by September 30, 1993. 2. Current and future owners are placed on notice that if additional improvements are proposed for the property that it shall be necessary to provide an updated survey and hardcover inventory upon application for a building permit. 3. Authorities granted by this variance run with the property not with the applicant, 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 (August 9, 1994). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Form 5005 Disk Oiono � °� . , O� O CITY of ORONO �-�,. � � � ,� RESOLUTION OF THE CITY COUNCIL ,� • � �, � �, `; ti rro. � � � � : ti '��9x og�G ESS Adopted by the City Council of the Ciry of Orono, Minnesota at a regular meeting held on the 9th day of August, 1993. �,_ �� : AT, `� �-. ��.��}$�� =A'�F k., �r' s=:•. f�''� k! b �. , �a 6 . � # � -' ot�y� � : t�i; City Clerk Edward J. Call an, Jr., ayor � ;y ��,; . �� ' ��y�� { ��Y1j''o� l'�'�N4'�� ?Vq}' . £ A fw f, � d�. �!� . �•e � perty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of August, 1993 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. ... JAMIE L.BOSMA �; ; ' .:,,. .� • �qpy PUBLIGMINNESOTA � Hp�N courm Not�ry blic a., « Mp C�mm.ExDires 1219�9T Page 4 of 5 - � ' . Fam 5005 Disk Orono � ��' CITY of ORONO O ,� O �T> � RESOLUTION OF THE CITY COUNCIL �',, � �, .`,�' l�, NO. �� c�✓ w ;? : ,ti '��9� o¢�G ESH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this //`�� day of , 199 3 before me a Notary Public within and for said county,perso�ally a eared o� � known to me to be rson(s) describ in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� JAMIE L.BOSMA HOTqpY pUBUC-MINNESOTA �u�`� '�'�'�� ;.,• � N Y PUBLIC • .. • HENNEPIN COUNTY �'.,,..•r �py Comm.ExDires 12-19-97 ,_.��=�."-c��.� :c=e-^":"'-.->—�^-^?'Y' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �3�' day of , 199 s before me a Notary Public within and for said county,personally eared known to me to be th � rson(s) de ribed ' and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ��-�—c.c� z-- J , � , �IE L BOSMA �NOT UBLIC NOT PUBUGMINNESOTA '`- ' NEt�lEPIN COUNTY ' °•,••� " My Canm.Expires 12-19-9T ' Page 5 of 5 ,_ ►��o�� , • RESOLUTION # � � "�; �y STATE OE MINNESOTA ) ) COUNTY OF HENtJEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , i�linnesota , do hereby certify that I have compared the fore�going c�py of a resoluti�n of the City Council of th� City of Orono with the original record of such resolution in the Minutes of t'r.e proceedings of said City Council at a meeting of said City Council held on `^ August 9 . 19 93 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto s2-t my hand and seal this ^ 18th , day of Au ust_ , 19 93 ��• � orothy^ allin , City Clerk _ � . ;`, � �4 F"t F , .� Y,.?. ._'�k, ,Fir� . - +�"�.�'k+� + - � C .` �. :(�E A�L) a�,;:� .;`; . t; � ,� ,��. ��: .<, �, . �, � _ ( ; � 7 a � fi a.� � i: y+s�. - ..:. �� .. � ..r t r;;..�i�v i r s�,�h�''1 a �;- �R/�{��7�� I�i(�Pf�D . bEPT.Of PkOPERTY TAX 8 NUBI,IC RECORpS .. 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