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Home My WebLink About#4320-variances-1999 � ,' _ � � � �- � O ' V . • O O � ��b. - C ITY of ORONO . � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL • � �`9k'ESH�4��' �� .NO. --�-� �. �� . � ' A I�SOI.UTION GRA1V'TING VAR�ANCES TO � NIiT1VICIPAL ZONING COI➢E SIEC'TION 10.22, STTBD�SIOIVS 1 (A) AND 2 ANI) SECTION 10.56, S�TBDI�ISION 16 (I.) (1) FILE #2499 . W�EREAS; Thomas B. Swanson and Marilyn L. Swanson (hereina.fter "the applicants") are owners of the property located at 1740 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 14 and 15, Shady-wood, Hennepin County, Minnesota (hereinafter "the property"); • a.nd . . . . � 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 7une 21, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHE�AS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to permit assemblage of a screen porch onto an existing deck that is located within the 0-75' lakeshore setback area and per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to allow 1,973 s.f. (21.5%) hardcover in the 0-75' lakeshore setback area where 1,973 s.f. (21.5%) exists and 0 s.f. (0%) is allowed. . NOV6�, 'I'H`ERE�ORE, BE IT R�SOLVED by the City Council of Orono, Minnesota: � � FINDIliT�GS l. This application was reviewed as Zoning File #2499. • Page 1 of 6 �— � O� • O . O ��e. - CITY of ORONO , � � : , ,� G'� RESOLUTION OF THE CITY COUNCIL , � � . . �,9 4�� . " : NO. 4e� � O � . � . i . . . . kESH� : . -. � 2. The property is located in the LR-1C Zoning District, where .5 acre or 21,780 s.f. is the minimum lot area. The property consists of .46 acre or 20,250 s.f. � 3. The Planning Commission reviewed this application on 7une 21, 1999 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: , A. The deck is currently located within the 0-75' lakeshore setback area. B. Haxdcover amount of 21.5% exceeds the allowed amount of 0% in the � � 0-75' lakeshore setback. , C. Structure is permanent and the frame will stay all year. � � - D. Any change to the nature of the structure will not be allowed. 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 variance would not adversely a.�ect traffic 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 'i 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. 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 welfare of the community. � • Page 2 of 6 � o.�,. . � • � ° � �,. - CITY of ORONO � ti � � G'ti RESOLUTION OF,.THE�CI Y COUNCIL � . �19 4L�' ': . .� � . � � � NO. �.� � " - . � . . kESH� . . . . . . . . . CONCL�JSIONS, O�DE�t AND COND�TIOlVS Based upon one or more of the above findings, the .Orono City Council hereby � grants variances to Municipal Zoning Code Section 10.22, Subdivisions� 1 (A) and 2 and Section 10.56, Subdivision 16 (L) (1) to permit assemblage of a screen porch onto ari existing deck that is located within the 0-75' lakeshore setback area and to a11ow 1,973 s.f. (21.5%) hardcover in the 0-75' lakeshore setback area. Approval was subject to the following conditions: l. Council approval is based�on the site plan submitted by the applicants attached to this resolution as E�ibit A. Any amendments to the site plan and/or hardcover may require further Planning Commission and City Council review. 2. Screen porch is reviewed as a permanent enclosure. Any change to the nature of the structure will not be allowed. . � � 3. Authorities granted by this variance �run with the property not with the applicants, but are pernussive only and must be exercised by application for a building pernut within one year of the date of Council approval, or this variance will expire on that date (July 12, 2000). 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 applicants have read, understood and hereby agree 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 � °� � . _ • � ° ��6. - CITY of ORONO � � ti � �,� �'� RESOLUTION OF THE CITY COUNCIL � ��kESH�4�' . . � � NO: � � .� � . Adopted by the Orono City Council on this 12th day of 7uly, 1999. ATTEST: - �V Linda S. Vee, City Clerk Gabriel 7 bour, Mayor � � �� . • Property Owner(s), � . STATE OF MINNESOTA ) , ) ss. . . COUNTY OF HENNEPIN ) � � � � � . . . .. . The foregoing instrument was acknowledged before me on this 12th day of July, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i o.,��. - Notary blic o:��r` MARYANNJOHNSON � � NOTARY PUBLIC-MINNESOTA , �,��•° My Commission Expires Jan.31,2Q00 _.�...�tiJ • � Page 4 of 6 �_ . � O� • . • O O . ��b: - CITY of ORONO � � ti . � �,�. G'� � � � RESOWTION OF THE CITY COUNCIL.� : � ; ; � � ��kES�I�g'�.�. . � . . �. �: . NO. �� .� . � � � � . STATE OF MINNESOTA ) . � ) ss. . COUNTY OF HENNEPIN ) On this /%f/, day of � u ��/ , 199 9 before me�a Notary Public withi.n and for said county,personally appeared�o mQ S 8 5 wa�soi✓ a n� /�?A-k��y/✓' L=S r,�+qns o�� rnaR�%P 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. -;�.�;�:� �"��:��'?��; MARY ANN JOHNSON G�� :� - � NOTARY PUBLIC-MINNESOTA '.,��•�'. MYCommissianExpiresdan.3t,200o NOTARY LIC � STATE OF MINNESOTA ) � � � � • , . ) ss. � _ _K . COUNTY OF HENNEPIN ) . � On this day of , 199_liefore me a Notary Public within and for said county,personally appeared _ 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. NOTARY PUBLIC� � � . Page 5 of 6 ... _ � : � � ._ . . _ ' . ' . . /� L4 �- � • "" � ' "� ' � Certificateof Survex � � � � � � �-� � 0••� - . • • for for Arthur and Dorothy Finkelstein . . ' • of Lots 14 and 15, Shady-Wood • Hennepin County. Mirinesota : • :� . . • • " , . . . . . . . •• . . � , " � . . • • . . . . . .� . • .�':'. .. • . .. .• . .. , • • . . � . : __�� . - � . iss,9s _ . •. - i � '.�arEnbk • t,�� °� f 75�voi-oefbaeh line , y ' La.tn eFed ,� '� _.. . . "+' y , � _.. .. . .. .._. :. . cA N. 19.9' . � _ _,.. .. :... --. -.... ._ - •- • • . _�p• + �. :.�.'. a ��D••* '�• •�l' . '� r .. . j.::.� �'d. Exish'n9 . ,,.e$ � . Pi//a7 ' � � ROUSe • ' ' ' �•'s I 9' O.i 'O • ,^ t"� ¢ $ 3 � ,at� C t � -t _ .. f T..�,w q-0 �,��, . � � . ,. � C�.'� . o O. N � : � \ . . �� O p. �' . •, � � \ � N N -°�� . . .�. f... %r .�, � �r�Posed: : ' . ' . . � . � ,.., %. � Sc,re2�1 �:wdr � � �, . . . '" ._ . - . . �. �iri cC aSu ,._^ . ., : . � ._ . .:g .. ��a N .. .. . .__ a;� .._ _ . �� L2.3' y 4 .0� .... .I L • p �- __...�... ;g ��h'.,g .o SL, . � . .. boaflfovsa� . " :�.� CW�d�imben � P � , FEfleG- � �ef G// � �n N� . 4�•u P: • 'Id37�"',%\ 24'i .__ • .. .. j '43.9' , � ' � ' . :. • � � • Zone ' • Total area � Hardcover � x. hardcover , ' . . ' 0-75" 9150t Sq. Ft. 2347± Sq. Ft. � "'25.6 X . ' ' . • ' �.. . 75-250 .._ . . . 111003 Sq. Ft. 4640t Sq. Ft.. _ ._. 41,.8 X .._ ._ . I hereby certify that th[s is a true and correct represeotation of a survey of the bound- ' � • aries of Lots 14.and 15, Shady-Nood, the location of all existing buildings. if any. there- on and the extsting locat[on of all wood timbers, concrete, plastic covered planted areas, and wood decks thereon. It does not purport to show any other improvements or encroachments. ' � � • COFFIN b GRONBERG. INC. • Scale: t inch = 20 feet � � � �--' Oate•: July 19. 1985r'evP,�dT•25•as , Mark 5. Gronberg Reg. No. 12755 o � . Iron marker �°'"v��9^'+ddnvewy 6ordon R: Coffin Reg. No. 6064 . • P ; ,rocx ,,v��,rfr,�_ Engineers and Land Surveyors Long Lake. Minnesota ' , � � '�� 'y� '� . • _... . . .._ . . . . • '•� •• `-,m.�"� �.-=...i:Y, � .. . '!'-27 9 •