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Home My WebLink About#4186-variances-1998 i /� �� O � o � 4�� C ITY of ORONO '�� ti r \,� 4 G'� RESOLUTION OF THE CITY COUNCIL � \��SH04L�' N0. �� 1 � � A RESOLUTION GRANTIl�'G VARIAi�CE5 TO MUNICIPAL ZONING CODE SECTION 10.22, SUBD. 1 (B); SECTION.10.22, SUBD. 2; SECTION 10.�6, SUBD. 16 (L) (1); SECTION 10.56, SUBD. 16 (L) (2) Al�D SECTION 10.03, SUBD. 14 (C) FILE NO. #2433 WHEREAS, Dorie Finn (hereinafter "the applicant") is the o��ner of the propem� located at 1640 Shadywood Road within the City of Orono (hereinafter "the Cin�") and legally described as follows: Lot 5, Shadywood, Hennepin County, MN (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance �t�ith Minnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Plannina Commission held a public hearing on October 19, 1998, at which times all persons desirin� to be heard concerning this application were given the opportunity to speak thereon; and `VHEREAS, the applicant has applied to the Cit�• for variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the reconstruction of a residential deck �6' from the lakeshore ��here 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (25.8%) hardcover where 2�% is allo«�ed; Section 10.22, Subd. 2 and Section 10.56, �ubd. 16 (L) (2) to allow 6,134 s.£ (�7.02%) hardco��er ��here 2�% is allo�red; and Section 10.03, Subd. 14 (C) to allow 31,018 s.f. (19.4%) stnictural lot coverage ��here 15 % is allo�ved. NO`V, THEREFORE, BE IT RESOLVED by the Cit�� Council of Orono, Minnesota: FINDIti'GS 1. This application �vas revie�ved as Zoning File #?433. �'. The property is located in the LR-1C Zonina District, «here 1/2 acre or 21,780 sq. ft. is the minimum lot area. The propert�� consists of .3� acre or 1�,438 s.f. Page 1 of 4 �_ �-. � O� O O . , C ITY of ORONO � � ti '�' RESOLUTION OF THE CITY COUNCIL ��9ItE p4��'G NO. 4 � $ �3 SII 3. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4. The Plannina Commission made the followina findings of fact: A. The deck was damaged on May 15, 1998 as a result of a wind storm causing a tree to fall on an existing deck. B. The deck was replaced in the same location and the same size as previously existed. C. The City does not have a building permit for the deck. The applicant has stated the deck �vas constructed in 1968. D. The property has pre-existed as a legal non-conforming duplex which the applicant has stated no longer exists. 5. 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 danaer 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. 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 variances on the health, safety and ��•elfare of the community. CO\'CLUSIONS, ORDER AND CO\'DITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.?2, Subd. 1 (B) to permit the reconstruction of a residential deck 56' from the lakeshore ��•here 7�' is required; Section 10.?2, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (2�.8%) hardcover where 2�% Page 2 of 4 � °� 0 0 , C ITY of ORONO � � ti '� RESOLUTION .OF THE CITY COUNCIL ��'9ItE � p4L�'G NO. 4 1 �' � S�I is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to allow 6,134 s.f. (�7.02%) hardcover where 25% is allowed; and Section 10.03, Subd. 14 (C) to allow 31,018 s.f. (19.�%) structural lot coverage where 15 % is allowed. Approval �vas subject to the followin� conditions: . L 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 (October 26, 1999). 2. 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. ;. The undersigned applicant has read, understood and hereb5� agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees 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 26th day of October, 1998. ATTEST: � ��. Linda S. Vee, City Clerk Gabri Ja our, Mayar _ -- .. J� �_ i � �' , . Property Owne (s) Page 3 of 4 � �� O O �, CITY of ORONO � ti : '�' RESOLUTION OF THE CITY COUNCIL �i9kE o4�G Na 4 1 f� � sK STAT MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ackno�vledged before me on this 26th day of October, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A HASEP�IP,N tt :. ��[�� NOTARY PUBUC-MINNESOIA ,t ��"::.;:::� HENidEPIN COUNTY �.:.-- ti'y Cammissicn Erires Jan.31.2or0 ; .-_�.�:,-,.--�-�:-._�_ _- �._ _�� .Cl�-�--� ��sJ _..�.��,..•_.:__�._ _ .. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a � day of �'�►thb.�f- , 199� before me a Notary Public within and for said county, personally appeared ��E�; � f�n„ n��" n�rri�c� known to me to be the person(s) described in and �vho executed the foregoing instniment, and acknowledged that he (they) executed the same as his (their) free act and deed. �.,... ca�o�E a Has�Ma,r, '� - '�• NOTARYPUBIIC-MltvhESOTA ,' �•��:�;s;• HqVNEPIN COUNTY :f'�C� �. �1 m�� ` �_ My Cort;missicn Expires J�n.31,700� � NOTARY PUBLIC „'"'��--- .:��:�--- _ .. .-.'_> STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) On this _ day of , 199_ before me a Notary Public within and for said county, personally appeared l:no��-n to me to be the person(s) described in and «•ho e:cecuted the foregoing instrument, and acl:now•ledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 '