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Home My WebLink About#4581-variances-2000 �. r � �-_" �� 0� • O O -.. ��, - CITY of ORONO � F �,� �'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' • . . NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22. SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L)(2), SECTION 10.22, SUBDIVISION 1(B) AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO.2633 WHEREAS,Jerome J. Lague and Joy C. Lague, (hereinafter"the applicants")are the owners of the property located at 2138 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 23, and that part of Lot 22, Block 1, "Wiley's Park", Lake Minnetonka lying Northwesterly of a line drawn Northeasterly from a point on the Southwesterly line of said lot distant 14.25 feet Northwesterly of the most Southerly corner of said lot, • through a point distant 12.5 feet Northwesterly of the Southeasterly line of said lot measured along a line drawn from a point on said Southeasterly line distant 273.5 feet Northeasterly of said Southerly corner to a point on the Northwesterly line of said lot distant 271.8 feet Northeasterly of the most Westerly corner of said lot, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to allow 6,784 s.f. (40.9%)hardcover in the 75-250'lakeshore setback where 6,784 s.f. (40.9%)exists and 4,137.5 s.f. (25%)is allowed and Section 10.22, Subdivision 1(B)and Section 10.56, Subdivision 16(C)(6) to allow encroachment of.8' into the average lakeshore setback to permit a lakeside deck to be replaced. � 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 November 20,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � • Page 1 of 5 _, • T O � � • O O ' ��e - CITY of ORONO � � � ti �'� G'� RESOLUTION OF THE CITY COUNCIL ��SH�4��' . NO. � � �s � FINDINGS 1. This application was reviewed as Zoning File#2633. � 2. The property is located in the LR-1C Zoning District,where '/z acre or 21,780 s.f. is the minimum required lot area. The property consists of approximately .61 acres or 26,632 s.f. 3. The Orono Planning Commission reviewed this application on November 20,2000 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. A deck existed for many years in the same location of the proposed new deck. • B. The house and deck were constructed prior to the adoption of the zoning ordinance. � C. A deck would continue to provide a landing for two sliding glass doors located at the lakeside of the house. � D. Encroachment into the average lakeshore setback will not adversely affect the neighboring property views. 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 will 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. � 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 • Page 2 of 5 f' f � � O� • O O � �b. - CITY of ORONU � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESIi�4�' � � � NO.� � � � � . welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 6,784 s.f. (40.9%) hardcover in the 75-250' lakeshore setback where 6,784 s.f. (40.9%) exists and 4,137.5 s.f. (25%)is allowed and Section 10.22, Subdivision 1(B) and Section 10.56,Subdivision 16(C)(6)to allow encroachment of 8'into the average lakeshore setback to permit a lakeside deck to be replaced. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this , resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. • 2. The applicants shall remove plastic from rockbeds on the property as shown in Exhibit A within 90 days of receiving a building permit. 3. 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 these variances will expire on that date (December 11, 2001). 4. Violation of or non-compliance with any of the terms and conditions of this variance 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, tlieir heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the properly. Adopted by the City Council of the Cifiy or Orono, Minnesota at a regular meeting held on . the l lth day of December, 2000. . Page 3 of 5 //�� O� • O O � ��b. - CITY of ORONO � � � '� RESOLUTION OF THE CITY COUNCIL ' � ��`9.IfE p4�'G � NO. � � � �. �SH ATTEST: � � ,,�- �/�.� \ Linda°S��Fee, Ci Clerk Gabri Jabbour, Mayor �. c Pro Owne (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 11 th day of December,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed o . behalf of the City. .� � ' �. Not blic STATE OF MINNESOTA ) HEiD�N,STURMAN ) ss. No�AR�rPt�C-tNMa�sO'rA C OUNTY OF HENNEPIN ) �`�� i'��es�a�.st,2oos On this a (�� day of n� �� ,2000, before me a Notary Public within and for said County,personally appeared .��6�5.l._aa� ' �cx� C_L��r ue.. ,r��own . 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. , �- otary Public � � � � • STATE OF MINNESOTA ) HEIDI N.STURMAN ) ss. COUNTY OF HENNEPIN ) �� MY Conr�bn ExPirea Jan.31�2005 On this day of ,2000,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 5 .J�R 0 ME L A G U E Exhibit A �q, �` � A_N'+�` � `,t q,Y � �.: •'i ~ . �``` •' -I/ 22 & 23, WILEY' S PARK, LAKE MINNETONKA �� s��,, �D�� il_ f� HENNEPIN COUNTY, MINNESOTA A�o�:�' rc►o � � � � �� y� � S�;�` � � � . �n • ! �'� SURVEY ;``C�G � � �j . LINE - •. °� • ,= �. • ' ' �� ' , • ` .JS' SETBIIdC Ll£�; 8�' . \ e � ,�� . � �• . � ' � ''``� . � ti ' - , . � = ": �,� ��, 3� ;, �' � -� ��:;�s c!'• , ;' � . ...,�� :� i • •�,K W�L�+K p+• • . `� � � • ' � � \ i i ! �•: Q' 1 �G.Y+CC£i � . ��. V �� P�vEX' ,\ . �. �� .�. J' EXISTING �' P.;�, ` ` - ; . ��h � . > . ; 1'�� = � , � : . p� c � ` � HOUS�:� � � . . . , . % _poo� ; '� �„` .`C . ,l,y • ' ,� . ` �,` .. ' ~ J ' ;� oi�,`Ki t '�o t � � •......-c..+rra+. ' f : �,4� � • d ; t • '�'F ' "�'%_��•:,'•.°; ~: � . •.:. .� �%• ':`::.%s•' � O . ':�-; , ,��,: -.;'. . ' �� .,� 250' SETBAdC .. _ •�. ,,�;.?>•,';'.. �,r. _� •� ur�, � ':>�:'a,:. . .,��• +b;% � ` - � . • . . '+- BIiICKTOP t • .y.;�� ., %. _ :ORtV£WAY, ; . � �� ; . '•`� r � � � � .. . .. . +`� � .'9 % : ,`. \. . . �. . . �� ' , . � � • '� ' ' := � , •�:� •.' � �` � • • • ' •�'' ' ' �, .• 1 � � - • . j 6 ;" ' •� ; � . . � ` ,% : :�. - ;� '1 . �.�a•*�� , . ,_ , �' • �O , � ' � . .. ' . wl•�Yt� � \ ,� �~t•~• •• •• � G� � .�s3°�� , • L, •":. j vraj� :�' �� ! 2. r +r �: �` t,c �.• ' ,:'i:;;: :; ' � � • �.�-.I'.:.� j�'' ; '`s ' : � ��i 'Y � �.` :�,�.I '�� .;� . � . . :.•� � � ) , . . . :,.�-.�. � r'� �� . i� . . . . 99 �.1� �.`��.�..' . + ��S �� s�,�� %'.� ''� �"•••'• /' � a . .;. :�.. �i •/ � ' �i •t�7^'"�i O ' O ��v � ;�r .��a ia��•a�c i w. , O � _ LECAL OESCRpT10N OF PR�I,eSES : . lur �3. ond that pert ot Lot 22. Btock 1� "Wiley' s Por�". Ld:t l,t�nnetontce tY�ng � �O N-xthwestar�y of a qnt dra,.� No�theosterly trpm � Da�n: or� the Soulhweste�ly line o` sa+� k•t dist�nl 14.'S (eet Flo�thwesterty of the rr►os; Swtnerly co�ner cf soid v bt tnrou3h a pJinr d�star�t 1?.5 tee� Northwesttrly of tre �ou�ht�sttrly line o( sad bt me�sured don� Q t;ne �rawn from� a point on said Southeasterly Gne distw+t 273.5 fect r`o�theasterly'of sad Southerty eorner to a 4+o;nt on the Northwestu�y ti� of s��d ►�► .�c��.+.,� �� (eet rtortheaste�ly ot the most ltiest�ly comer of s��d Page 5 of 5 �