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Home My WebLink About#3974-variances-1997 �:..'� F '1.�• . � � O� O O � �b� - CITY of ORONO � �. ti �� '�' RESOLUTION OF THE CITY COUNCIL . `�h'Esxo4 No. � 9 '7 4 . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBD. 1 AND 2 AND SECTION 10.25, SUBD. 6(B) � FILE NO. 2287 WHEREAS, Bradley and Traci Peterson (hereinafter "the applicants") are owners of the property located at 1770 Shadywood Road witlun the City of Orono (hereinafter "the City") and legally described as follows: Lot 18, Shady-Wood (hereinafter "the property"); and - . WI�REAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subd.l and 2 and Section 10.25, Subd. 6(B) to permit the replacement of a previously existing 490.2 s.f. deck. !' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2287. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The properiy consists of 12,047.9 s.f. or .28 acres. 3. The Orono Planning Commission reviewed this application on September 15, � 1997 and recommended approval of the proposed variances based upon the following findings: 1. The zoning lot does not meet area or width requirements. 2. The deck is a replacement for a previously existing one. � . `• Page 1 of 6 � °� 0 0 � � �e- - � CITY of ORONO � � � ti ��. G'�' RESOLUTION OF THE CITY COUNCIL _ �`�k'Esxo4� � No. � 9 '� 4 .�. 4. The City Council finds that the conditions existing on this property are peculiaz 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 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. 5. The City Council has considered this application including the findings and recomnlendations of the Planning Commission, reports by City staff, cominents by the applicants 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 above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Subdivision 2 and Section 10.25, Subdivision 6(B) to permit the replacement of a previously existing deck that . requires hardcover variances of 21.6% in the 0' to 75' lakeshore zone and 36.4% in the 75' to 250' lakeshore zone where 21.6% and 63.6% is existing and none and 25% is allowed, respectively, a side�setback variance of 5.9' to allow the deck to be located 4.1' from the side lot line where 10' is required and .9' is existing and a lakeshore setback variance of 8'-to allow the deck to be located 67' from the ordinary high water mark where 75' is required. Approval was subject to the following conditions: 1: Landscaping underlain with plastic must be removed in the amount of 490.2 s.f., _ the same area as the deck as shown on Exhibit A. E�ibit B is the applicant's explanation of the proposal, which estimates the removal of even more hardcover than is required by Planning Commission Recommendation. 1. . Authorities granted by this variance run with the property not with the applicants, 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 13, 1998). • 2. Violation of or non-compliance with any of the terms and conditions of this Page 2 of 6 � °� � o o � �b� - CITY of ORONO � � � � � ti �� '�' RESOLUTION OF THE CITY COUNCIL � �kESHOg' NO. � � � 4 variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. . 3. 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 properiy. ' Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of October, 1997. ATT T: • , I . Dorot- n, ity Clerk Gabrie abbour, May � C.f/2��riz� � Pro e Owner (s) STA OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of :�. October, 1997 by Gabriel Jabbour 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. . � � _ ,��. � �LINDA S.VEE �y�� ,� �,e� ` NOTARY PUBLIG��iINNESOTA �V��z ,- •J HENNEPIN COUNTY Notary Public '�,�.�•° My Commission Expires Jan.31,2040 • Page 3 of 6 � O� O O ' � ��b. - CITY of ORONO � � ti ��L �G'�' RESOLUTION OF THE CITY COUNCiL � �kESH�g' NO. �` � '7 � �STATE OF MINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) On this /7� day of ��J� �7e� , 199Z before me a Notuy Publicwithinandforsaidcounty,personallyappeared R�� d/�� .��.��v, � ��G', � 1�0-�.��'S o n, /yj Q�'r;e c� 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. - �a��.°•. LINDA S.VEE �� Q ,/� � :"" ?�` �� NOTARY PUBLIC-MINNESOTA '�' HENNEPIN COUNTY � 'a (/ • "•-�•�• My Gommission Fxpires Jan.31,200o 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 = 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 4 of_6 Peterson P�nt i ac Gh�1�� TEL �612-8c�8-8075 S�F, 2�, ' e{7 �+ ; 1' hl� .�C�:3 F , 0'_ . �. D � �-. � �x��,�- �- � . 3 9 74 �v� , . � � , . ��N �P�,�jr��-- , � : � � . � � � � � _)�-C P�- ��G� : . � �� ` 0.�`a'� -�( `99� u. ` � Q• �L.4. t� Y f J�°� '�J � , . � q✓ 0.T� r''` t . , . 0''L!�'E'r= �\�'•� 1 . pE�i�� pG�\�' { i � +�"� J'�tiR-ii�'"A ' � ,� :•ua��''c� 6'1".� `'� , � � . . ��.y,c��'i--�� 'ti}�'� � , � � � ` ,t� Q`h . �-1 � �'� 1 `�� /�,g�� \ i �` li ' i . � `:� � • , � � ��, "r\ tr � � � � . . . � � ,�� J i ��, �� t � � Y f � F � �\ zs � � \ 1 �` � ( . �•� .. . . J S J � -�' 3 � . ` � � � v�� 53.0 a . . p p�5�'% �0�'� � z�.3 '�1 "�cA 64F£T�G � • � � ��G� � �� .t~ f Q � �� 5. � -rr- ' nttsT aE,uc � ,; „ ��„ � � �1� � . 2 5TDRY�RAME C � � � •D�xLi.IK6 � },�� . =4 31Z7G a �F'� ' CX15TtiiG � � � � � i�� 1Y,,, DvtELU�iLi ' �' 's"ji '; � ,s �� x � ; . �rh � - . � u �� = sa.s �y.,.__. j `? s:� Mu� �17.9 � i FL,qSTtiC � ; � �, � ��r :�, `�.�-��` O . F . ' . , � ' ! �,� ' ``� 1 � a � �� i � � i r"' . 1 � - � � . � . 1 �~� � � ' � � . i � _ �� .v -�.� . : � . �f . . � ~; '! t_3 1 , REf. WALL � ,r' � Q.9 .20.0 r�, . ' � ?GARAG£ ° S�PS�p.F� i � o + (� cJ ;HQJ� i 1.2 2Q'° `{Jd , �•« ca . 0 �x2�^a.jy ...�\ f ` � � . , • Peter�on P�nti�c GP•�C TEL �E12-�3°-�075 SEE_� 2.� ' 97 ��{ : 1.� hd�, .00��; F' .til ,' ° ' � � . .� . . �x��b;�- � Sepfember 23, 1997 S � � � 4 _ crtv o�o�ona . Pd Box 66 � � Grystal Bay. MN 55323 � Attn: Liz Vcxn Zomeren Zoning file: #2287 � � As per the planning commission meeting on Sepfiember 15, i 9971 am submitting a propased hardcover removal for yaur cansideration: ( wou(d propose to remove alI of the plastic ground covering on the nQrth side of the propert}I along the chain linlc fence for approx. 53'. I believe that �his wauld remove approx. 31$ sq. ff. ofi ground cover in the 0-75' zone. . , � i wo�ld vlso propose to rernove a l p X 20' secfiion of plastic ground covering on fihe west side of the properfy next �o fihe timb�r re�'aining wafl. This shou(d remove 200 sq. ff. of hardcover in the 75-25�'�zone. • PleaSe inform me as to your ��ceptance or rejection of fihis proposal by Thursday Sepfiember 25, 1997. ! would like to have �his completed by the September 26, 1997 c1�Qc�l�ne for the city caunCif. Thanks, . Brad Peterson 177Q Shqclywqod Road • Qrono, MN 55391 • � �