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Home My WebLink About#3544 - variances-1995 : , o.. . O� � CITY of ORONO O �� O �• � ��=� ,� RESOLUTION OF THE CITY COUNCIL � ��`� � �;� �•, � � ,�, � �� ti No. 3 � 4 4 ��9� og�G E8H A RESOLUTION GRANTING VARIANCES TO MUNICII'AL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A), 1 (B) AND 2 FILE #1979 . WHEREAS, Richard L. Little and Deloris A. Little, husband and wife, (hereinafter "the applicants") are owners of the property located at 1890 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 29 and 30, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and �• WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A), 1 (B) and 2 to permit the reconstruction of a 14'x26' deck to the lakeside of the existing residence to be located 71' from the sh�reline where a 75' setback is required resulting in 40 s.f. of new hardcover within the 0-7�' setback area where no hardcover is allowed and where 227 s.f. or 2.02% exists, 324 s.f. of new hardcover within the 75-250' setback or 29.05% total hardcaver is proposed and where 25�o is allowed and a further 14' encroachment of the average lakeshore setback line by the entire 14'x26' deck. NOW, THEREFO1tE, BE IT RESOLVED by the City Council of Orono, Minnesota: , FINDINGS l. This application was reviewed as ZoninQ File #1979. 2. The properry is located in the LR-1C Zoning District requiring 21,780 s.f. or 1/2 � acre in area. The property consists of 38,233 s.f. or .87 acre. 3. The Orono Planning Commission reviewed this application on November 21, 1994 and March 20, 1995, and recommended unanimous approval of the proposed variances based upon the followinJ unique findin�s and hardships: • Page 1 of 5 ' FamS005OiskOroro � °� O � O CITY of ORONO • ' �=��=� � RESOLUTION OF THE CITY COUNCIL r� ��1 :J :-j' D,, NO. e� e� � � �,� � , .e�' G,�ti �9�'E880g''� A. The original residence structure was constructed in the early SOs prior to the current lakeshore development standards. B. The irregular or curved shoreline at this properry results in an inewlar lakeshore setback line. C. As the grade level lakeside deck is located completely in front of the residence, the deck will-have no impact on the lakeshore views of the residences on either side of this property. D. The City has received no negative comments from the neighbors on the adjacent properties. E. The proposed improvement will result in a decrease of 175 s.f. of hardcover unprovements within the 0-75' setback area. • � 4. 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 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. 5. The City Council has considered this application including the findings and r�commendations of the Planning Commission, reports by Cit�� staff, comments 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 Qrants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A), 1 (B) and 2 to permit the reconstruction of a 14'x26' deck granting an average lakeshore setback for the entire structure, a 4' or 5.3% lakeshore setback variance and hardcover variances within the 0-75' setback area at 52 s.f. or 0.40% and 1,095.3 s.f. or 4% in the 75-250' setback area, subject • to the following conditions: Page 2 of 5 ' Fam5005 DiskOram • � �� O � Q CITY of ORONO • �°�=��=� ,.� RESOLUTION OF THE CITY COUNCIL � �� .3 ; 17y r�„ � �Y a �' ��, N0. __e� c� � � ��9� og�G ESH 1. 175 s.f. of brick patio area located to the lakeside of the second floor deck to be removed prior .to the footing inspection for the new lakeside deck. The area of patio to be removed does not include that portion located below the second floor deck. 2. 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 (March 27, 1996). 3. 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. 4. 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. Adopted by the Orono City Council on this 27th day of March, 1995. AT ST: � . - Do othy M H lin, City Clerk Edward J. lahan, Jr., Mayor . � � ,.� ` _ Property Owner • Page 3 of 5 ' Form 5005 DisM Orom � °� O `� O CITY of ORONO • �\ �:��=� ,.� RESOLUTION OF THE CITY COUNCIL � l ,, � 'v,, ,�, } �� . ... � NO. i3 e� � � ti ��9k og�G ES�i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of March, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .��• � ;`;,. r� . LINDA S.VEE -��'�—� � �'e� : �._ NOTARYPUBLIC-MINNESOTA Notary Public � ` ' HENNEPIN COUNTY •,,,.. MY Commission Expires Jan.31,20U0 • • Page 4 of 5 ' Fam5005 DiskOrono �. . . . � O� O � O CITY of ORONO • � �:e�'"� .� RESOLUTION OF THE CITY COUNCIL ,��7' � :✓, �, � ;. � ti No. 3 5 4 4 ti ��9� o4�G Es8 � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this ,�D '� day of /�Q/'C,� , 199-� , before me a Notary Public withinandforsaidCounty,personallyappeared �Q'�iard C, L;�l�. �'D,e%r�'sA• L�'�1/e, ria��•��; 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. �t�•. LINDA S.VEE �i�.�� v-Q� :"' r` � NOTARY PUBLIC-MINNESOTA 'V• .' HENNEPINCOUNTY Notary Public , : . �-�•� My Commission Expires Jan.31,2000 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 5 of 5 r«m soos o�:w o��