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Home My WebLink About#4757-variances-2002 �, , . _ ; �-._'_ �� o o � ��b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��SHpg'�' . N 0. �� J `�' . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE . SECTION 10.22,SUBDIVISION 1; SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.24, SUBDIVISION 5 (B) � FILE NO. O1-2699 � � WHEREAS, Jay Thomas Nygard and Kendall Mae Nygard, (hereinafter "the applicants") are owners of the property located at 1386 Rest Point Road within the City of Orono (hereinafter "the City") and legally described as follows: � Lot 5, Subdivision of Lot 14, Rest Point Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code •. Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (2) to permit an alteration to eYisting hardcover over 25% for a two-story residential�addition and variances to Section 10.24, Subdivision 5 (B)to permit an addition 8'from the side property line where a 10'setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � � FINDINGS 1. This application was reviewed as Zoning File#01-2699. 2. The properiy is located in the LR-1B, Single Family Lakeshore Residential Zoning District. , Page 1 of 6 � . �� ' � O� . • O O ��b. - � cITY of URONo � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��`9k'ESgpg'� . � � NO. � � � .� � . � 3. The Orono Planning Commission reviewed this application on January 22,2002 and recommended approval of variances by a vote of 6 to 0. � 4. Planning Commission recommended approval based on the following findings of fact: . A. The property was developed prior to current zoning standards. The house is currently located as close as 7' from the property line and gradually moves further from the properry line as the house is further from the lake. The point where the new addition would join the existing house is 8'from the property line. , ' B. The addition increases overall hardcover on the property, however the total lot coverage by structure would be within the 15% limit allowed by Code. • C. The total existing hardcover is 2,822 s.f. (52.4%). Planning Commission . recommended the property owners shall reduce an equal amount of hardcover to result in no more than 2,822 s.f. of hardcover on the property when the � project is complete. D. A 50 gallon tank is located under the driveway to handle runoff from the driveway. A draintile and gutter system is proposed to direct water around the new addition. . E. The property located east of the applicant's lot is at a higher elevation . preventing any drainage from entering the neighboring property. � � 5. The City Council finds that the conditions existing on this property�are peculiar to it � � and do not apply gene'rally to other property in this zoning district;that granting the variances will not adversely affect tr�c conditions,light,air,nor pose a fire hazard . or other danger to neighboring property;would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . � Page 2 of 6 i� . . . /�� . r o 0 � ��d. - CITY of ORONO � � � �� '�' RESOLUTION OF THE CITY COUNCIL . ��`�$EsH04'� . � NO. ,� '7��_ . � � 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfaze 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, Subdivision 1 and Section 10:56, Subdivision 16(L)(2)to permit an alteration to existing hardcover over 25%for a two-story residential acldition and variances to Section 10.24,Subdivision 5(B)to permit an addition 8'from the side property line where a 10' setback is required subject to the following conditions: 1. The property shall be developed in conformance with the site plan attached as Exhibit A. • 2. � Prior to a building permit,the final plans shall be shown on the Certificate of Survey � by a licensed engineer/surveyor. The plans shall indicate all proposed finished grades and elevations for the draintile pipe. Unless specifically approved by the City, the draintile shall drain above the top of the hill and at the 75' setback. 3. Authorities granted by the variances run with the property not with the applicants,but aze permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date � (February 25, 2003). 4. Violation of or non-compliance with any of the terms and conditions ofthe variances shall constitute a violation of the zoning code, shall automatically terminate any . � � � authority granted herein, and shall be punishable as a misdemearior. 5. The undersigned owners have read,understand and hereby a�ee 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. � . . Page 3 of 6 , �__-_ �� : � o 0 ��b. - CITY of ORONO � � � � . �� ,�' RESOLUTION OF THE CITY COUNCIL � ' . . ��sK� � No. 4 �' S �' � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of February,2002. ATTEST: � � ��, . inda S. Vee, City Clerk � Barbara A. Peterson, Mayor � , � � V" t • roperty Owners STATE OF MINNESOTA COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this 25th day of February,2002 � by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . � ��•nf.�, �1 �� • .Y - 4.�-!�-� Not Public . ,�.-.: STATE OF MINNESOTA ALISSA A.WINTERNHEIMER NOTARY PUBLIC-MINNESOTA COUNT�" OF HENNEPIN �rty�ommtss�on�ires,►an.3t,2oos � The, foregoing instrument was acknowledged before me on-this �� . day of /�� ,2Q0�-- by Linda S. Vee, City Clerk of the City of Orono, a�Minnesota ' municipal corporation and said instrument was executed on behalf of the City. Notary Public GcNISE M.LESKINEN NOTARY PUBLlC-MINHESOTA • • . � My Corrunfss(on ExpU'es Jan.31,20U5 Page 4 of 6 � � , _ �----- � �� 0� � O O , ��b. - CITY of ORONO � � � - �� G'�' RESOLUTION OF THE CITY COUNCIL . ��SH�4� . NO. � � � � STATE OF NIINNESOTA COUNTY OF HENNEPIN . 2r��a.,II .�--\ct¢. N o.rcQ da of 1�-�� ' � On this� Y 2�?� . personally appeazed before me, who is personally know�to me M� � L � a credible jwhose identity I proved on the basis of -- whose identity I proved on the oathlaffirmation -- Qed that he/she/they executed the witness instrument, and acknowledb and who e S�e�their free a t and deed. � same as lu . N , ;,��blS�M.LESKINEN • ESOTA NOTARY PUBLVC'M�NNESOTA STATE OF MINN � ��n�p�res�an.3�,2� COUNTY OF HBNNEPIN �a of l�arc��',� �20 oz, -- � a u � On this� Y , personally appe�ed before me, who ispersonally known to�me v � � �� whose identity I proved on the basis of , a credible whose identity I proved on the oath/affirmation witness ore oing instrument, and acknowledged that he/she/they executed t e and who executed the f S same as his/her/their free act and deed. Notary Public � � . I.ESh:. . � � 'r�'` � :JyN1SE M. �c �~ �TAiNP1��A . ' NCanniMiOr►E�dar,. . �Y � � :4 �L�1� � • . Page 5 of 6 � � RE T P4INT R4AD �� Exliibit' Ei � � ' � � ��N 56°13' 00" E 65.00-�....,. .,N�� Exhibit A STONE �� ti . � (� � � � -�. �'��s � i✓e11 � � . � � <� - . .. � �� . D.- . �+ ° � r gc� Qi��(� F ; -� �� e v = v S'_/ �s�ih .� � E—l6 r- �� 1Qj.� � z � � x s��q Lv¢�lP� W � �� 3� 1 � tn �r'CS� d f Qrc � �S`Q ✓�e ., ,,,• � 0 ��i�� U7 ° � o � � ��.a �� di�4�� d�1� CJt o z4.s N � � � . . 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