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Home My WebLink About#4315-variances-1999 � � -. • r � O� � � O O �b. - C ITY of ORONO � � �� G'ti RESOLUTION OF THE CITY COUNCIL �9kESI�04�' : . �: NO. � � � � � � , � A RESOLUTION GRAN�'ING VARIANCES TO MiJNICIPAL ZONYNG CODE SECTION 10.22, SUBI)I�][SIONS 1 (A) AND 2; AND S�CTION 10.56, SUBI)IVISION 16 (I.,) (1) FILE #2497 WgiE12EAS, Gail Briner (hereinafter "the applicant") is owner of the properry located at 1760 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: � � Lot 17, Shady Wood, Hennepin County, Minnesota (hereinafter "the property"); and � WI�EREAS, after due published notice and mailed notice in accordance with • Minnesota Statutes and the City�of Orono Zoning and Plaruung Codes, the Orono Planning Commission held a public hearing on June 21, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and . WHEREAS, �the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a deck replacing 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 573 s.f. (11.94%) hardcover in the 0-75' lakeshore setback azea where 573 s.f. (11.94%) exists and 0 s.f. (0%) is allowed. NOW, �'I3ERE�+'ORE, BE IT RESOI.VED by the City Council of Orono, Minnesota: . . . �'INI)INGS 1. This application was reviewed as Zoning File #2497. � 2. The property is located in the LR-1C; Zoning District, where 1/2 acre or 21,780 s.f. is the minimum lot area. The property consists of .49 acres or 10,700 s.f. • Page 1 of 5 , . � �-- " O� ' � • O O ��b. - C ITY of ORONO � � � ,� G'� _ � RESOLUTION .OF THE CITY COUNCIL . � . �9kESH�4�' . . . . � � NO.. � � �. � � � � 3. The Planning Commission reviewed this application on 7une 21, 1999 and � recommended approval on a vote of 6 to 0. I 4. The Planning Commission made the following findings of fact: I A. The deck is currently located within the 0-75' lakeshore setback area. ' il B. The proposed deck will be the same size, location, and dimensions as the ', pre-e�sting deck it replaces. � � I C. Hardcover amount of 11.94% exceeds allowed amount�of 0% in 0-75' �, lakeshore setback. . ! D. The property contains excess hardcover generally, contained within a . ' number of decorative rockbeds lined with plastic sheeting, and it would • be appropriate to convert these rockbeds to non-hardcover. 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 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. � 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 variance on the health, safety � � � and welfare of the community. � CONCLUSIONS, ORI)ER 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, Subdivisions 1 (A) and 2 and Section 10.56, Subdivision 16 (L). (1) to permit construction of a deck to replace an e�sting • Page 2 of 5 . � � . 7 O� � i 0 � ��b - CITY of ORONO � � . � G'ti RESOLUTION OF THE CITY COUNCIL ��kESII�4��' � . . . NO. � 3 � � . . . deck wluch is located within the 0-75' lakeshore� setback area and to a11ow 573 s.f. (11.94%) hardcover in the 0-75' lakeshore setback area per the approved plan attached as Exhibit A. Approval was subject to the following conditions: � 1. The applicant shall remove plastic from all rockbeds on the property within 90 days of receiving a building permit. 2. The applicant shall remove all plastic and rock from area under deck within 90 � days of receiving a building permit, or prior to final inspection, whichever is earlier. 3. The applicant is advised tha.t the hardcover items and percentages approved with � this resolution are approved only in conjunction with the approved plan, and this approval does not intend to grant approval for any other future plan that may be proposed in the future at the same hardcover percentage. • 4. 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 (June 28, 2000). 5. 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. � 6. The undersigned applicant has read, understood and hereby 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 ProPem'• � . � � � • Page 3 of 5 , � � . � O� • O O �6 - CITY of ORONO � � . �� , G'ti� . RESOLUTION OF THE CITY COUNCIL . . . ��kESH�4� � �. . NO. � � 1 �. . � . Adopted by the Orono City Council on this 28th day of June, 1999. ATTEST: . � v �� . Linda S. Vee, City Clerk Gabri Jabbour, May r� Property Owner(s) � .. . . . STATE OF 1VIINNESOTA ) ) ss. COUNTY OF HENNEPIN: ) The foregoing instrument was acknowledged before me on this 28th day of 7une, 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. o..��. . y� ;�"� MARYANNJOHNSON ; NOTARY PUBLIC-MINNESOTA Notary P lic .,.�.•° My Commissian Expires Jan.31,2000 •GCj . � Y • Page 4 of 5 I , . , '�� . � O� • • O O ��e - CITY of ORONO � � . �,� G'�� , R,ES.OWTION OF THE CITY COUNCIL �9kESH04� . . . . . NO. � � � 5 . STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) � On this 'L9th day of J c�n � , 199 9 before me a Notary Public within and for said county, personally appeared Ga;I' B R i n 2.2 f n o f M Q R.�i�e� 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. . ��n.•� /Y/�7 � : ?i�' � MARYANNJOHNSON � %�% ;:I�`�-�� NOTARYPUBUC-MINNESOTA NOT PUBLIC �,��.•° My CortiMsslan Expires Jan.31,2000 STATE OF NIINNESOTA � ) ) ss. • COUNTY OF HENNEPIN ) � - On this day of , 199_before 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 5