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Home My WebLink About#5079 - variances-2003 w .i. � . . � .4. ' ' � O� O O � �� 3 , ti � CITY of ORONO � :. � ti RESOLUTION OF THE CITY COUNCIL ��`q og'�G NO. O `� � kESII A RESOLUTION GRANTI:�iG VARIA�YCES TO MUNICIPAL ZONPi 1G CODE SECTION 78-282 FILE NO. 03-2935 WHEREAS, Scott W. Hutton and Kara M. Hutton, husband and wife (hereinafter "the applicants") are the owners of the property located at 1835 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as follows: ' � Tract C, Registered Land Survey No. 624, City of Orono, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a � variance to Orono Municipal Zoning Code Section 78-282 to allo�� 27.8% hardcover within the 75'-250' zone where only 25% is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application«-as reviewed as Zoning File�03-293�. . 2. The property is located in the LR-1C Zoning District, which requires a minimum lot area of 0.5 acre and lot width of 100'. . �3. The Planning Commission revie�r-ed this application at public hearings held on August 18; and November 17, 2003 and recommended approval of the variance based on the following findings: a. Within the 7�'-250' setback, the applicants proposed the removal of 748 s.f. blacktop and 60 s.f. of concrete side«-alk in order to reduce their hardcover amount from 31.9°/a to 27.8% �tihich was required in. order to obtain a 2000 building permit application. • � Page 1 of� � e . . O� � O , O � CITY of ORONO � g l,?.i. � . � � �� G~' RESOLUTION OF THE CITY COUNCIL ��kES�IOg'� NO. _ ,�� i` � " b. The applicants are proposing a drain tile system which will be brought to daylight no closer than 50' from the ordinary high water level (OHWL) of Lake Minnetonka. c. A shed currently existing in the 0-75' hardcover zone will be relocated to the 75'-250' zone. � 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property aze . peculiar to it and do not apply generally to other property in this zoning � district; that granting the variance would not adversely affect tra�c 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-282 to allow hardcover within the 75'-250' setback zone of 27.8% (consisting of 4,584 s.f. of hardcover) subject � to the following conditions: . 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan�vhich are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hazdcover in the 0-75' zone shall not increase above the level of 0%. Hardcover in the 75-250' zone shall be limited to 4,584 s:f. or 27.8%per the proposed plan and hazdcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of • existing/approved hardcover shall require City approval, and increases in _ Page 2 of 5 ' � l � � O� O , O � - � � CITY of ORONO � � � { � � G . RESOLUTION OF THE CITY COUNCIL �`�kEsKO�� rvo. 5 0 �' � hazdcover will not likely be appro�•ed without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorari�-e landscape beds on the property to ensure their permeability as non-hardco�-zr � surfaces. 4. Required removals of structure and hardcover shall be completed prior to the footing inspection for the reconstruction of the proposed deck. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction w-ithin one year of the date of Council approval, or th: . variance will expire on that date (i�ovember 24, 200�). 6. Violation of or non-compliance wlth any of the terms and conditions of this • resolution shall constitute a violation of the zoning code, shall automaticall�-� terminate any authority granted herein, and shall�e punishable as a misdemeanor. 7. The undersigned applicant has read,understood and hereby agrees to the tz-ms of this resolution and on behalf of the applicant and the applicant's heirs, successors . and assigns,hereby agrees to the recording of this rzsolution in the chain of title of the property. Adopted by the Orono City Council on the 24�' day of November,200�. ' ATTEST: // _._ . U Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor GGvLI��'r'( . perty Owner(s) • PaQe 3 of 5 . o,�,. � o � o � - � : � CITY of ORONU � �� G~' RESOLUTION OF THE CITY COUNCIL �kES�I�4 �NO. _ ,�j O ?' � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��day of �c„y , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Nlinnesota municipal corporation and said instrument was executed on behalf of the Cit�. • � Cl��■�.. . � . o �.. .R�..,...�n Notary Public � � ALISSA A.WINTERNHEIMER ' ' NOTARY PUBUC-MINNESOTA ' My Commission Enpiras Jan.31,2006 � ��,, STATE OF MINNESOTA � COUNTY OF HENNEPIN - . d The foregoing instrument was acknowledged before me on this7i� day of �,r�.�h�1003 by Linda S. Vee, City Clerk of the City of Orono, a Niinnesota municipal corporation and said instrument was executed on behalf of the Ciri-. ��;��,:�.- �. � � !`;�;�::s RACHEL DODGE . (� ��Q �n�( (JL-- • NOTARYPUBLfC-MINNE^OTA Notary Public i,� �.�,:,c;�' MY Commission Exp(res Jan.31,2005 us= • , Page 4 of 5 - . : 1 � � O� O � O �. � -� g , � CITY of ORONO � � �� ti , � G�' RESOLUTION OF THE CITY COUNCIL ��kES�I�g'� NO. 5 0 � � . State of Minnesota ) ) ss. County of Hennepin ) • 200 �. This instrument was acknowledged before me this ,B day of ��- ' by Scott W. Hutton, husband of Kara M. Hutton. BARBARA G.SILUS fd0 i ARY PUBLIC-MINNESOTA ��12��G� pRy Commission Expires Jan.31,2008 fL ""'� Notary Public • State of Minnesota ) ) ss. County of Hennepin ) ZDD� This instrument was acknowled�ed before me this 2�day of `/��- ,-�9@3- by Kara M. Hutton,wife of Scott W. Hutton� BARBARA G.SILUS ��a � t�OTARY PUBLIC-MINNESOTA ;;,::• My Commission Expires Jan.31,2008 Notary Pub11C s Page 5 of 5 .- � � ��f[ �31fi - � � � �0 � 9 � �,ar�,�. o to�s �.�- �� a� 5.�0 sn�a �O� �� ,a3s s�.a,,,�,oe Q�w • 24S �� , ��i i� i�� i � ��i i� r��i i ��r� fi��i ��i��i knta�Or�in i��s�� Rart�we748sq.R . � a i��ii�� P i��i�� `�. i i •'� �Concept Landseapin� - 952-472-A118 � \ t/2'=1V ` . � ,��/f . • . t