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Home My WebLink About#3024 - variance-1991� V O )v O \kES 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3024 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1678 WHEREAS, Paul and -,Marcia Merlo (hereinafter "the applicants") are owners of the property located at 2142 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A, attached. WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 22' x 24' addition to the east side of the existing residence and a s-econd level deck at approximately 8' x 23' to the lakeside of the existing residence, a hardcover variance within the 75-250' setback area is required as there exists 8,380 s.f. or 50.7% of existing hardcover improvements where only 25% is allowed, applicant'proposes removal of 2,846 s.f. of existing hardcover resulting in 5,534 s.f. or 33.4% of hardcover. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1678. 2.. The property is located in the LR -1C Lakeshore Residential Zoning District requiring 21,780 s.f. or .5 acre in area. The property consists of 26,245 s.f. or .6 acres. 3. The Orono Planning Commission reviewed this application on September 16, 1991, and recommended approval of an amended variance proposal based upon the following findings: Page 1 of 6 . « R � O I O ;� O �� CITY of ORONO � � ��1 � � � � �'-�:� �q�.' \) �� ''�'��'y��„ '�� RESOLUTION OF THE CITY COUNCIL t� �'��p'�4��G NO. 3 0 2 4 kESII� A) The property currently has 3 driveways. The most western drive is a shared drive with the neighboring property on the west side and is the only access to the property to the west. B) Based on the location of mature trees in the street yard and the drop in elevation to the east side of home of 8' , a limited turnaround portion of the �iddle drive has been retained to provide safe access from site. C) Applicant has reduced hardcover within the 250- 500 ' setback area from 39.6� to 21.3�. D) Applicant has reduced hardcover within the 75-250' setback area from 8,380 s.f. or 50.7$ to 5,534 s.f. or 33.4�. E) The property contains a concrete spillway that serves a watershed located on the north and south side of Shadywood Road. 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 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the app 1 i cant and the ef f ect of the af ter-the-f act variance on the health, safety and welfare of the communi ty. Page 2 of 6 . .Y � � � O� O ti O ��- C ITY of ORONO � ��j� � �► ,.'e• �-�-.. f 1�. � �� '�'�1'.I�' 1c\r G RESOWTION OF THE CITY COUNCIL �; �? � � '�;��;�`�� kESIIOg' NO. 3 0 2 4 CONQ.IISIONS, ORDffit AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 22' x 24' two story addition and a lakeside deck granting a hardcover variance within the 75-250' setback area resulting in a total reduction of 2,846 s.f. or 17.21� with total hardcover at 33.4�, subject to the foTlowing conditions: 1. All hardcover scheduled for removal is shown on the site plan included in this resolution as Page 6. All hardcover scheduled for removal shall be completed prior to the footing inspection for the new structural addition. 2. Authorities grarited by this resolution 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 (September 23 , 1992) . 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution anc3 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. Page 3 of 6 . � O� O �� O �-��-� CITY of ORONO �.-..��..... � :t�--- ,�j 4'� - ,, r,,'� � l� '�, '�t, ��`�i�.;;�� ti � I` • '�' RESOLUTION OF THE CITY COUNCIL � �;,,�,�<��: G ��ESIIO�� NO. 30 2 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of September, 1991. � A ST: rothy . Aallin, City Clerk Barbara A. Peterson, Mayor , G� Pro rty Owner( STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 23rd day of September, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on beha 1 f of the City. ' , l/�� Nota Public LINDA S. VEB �HENN�EP�I�N COUNTIf A My��or, �v��s-� Page 4 of 6 - � • r . � O� O �`. O . �� -� � CITY of ORONO � ��V�� `^�'" '�'� RESOWTION OF THE CITY COUNCIL ti�`ri '��`:�'f��,�G �kESII�4 NO. 30 2 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s �-3� day of �„01�m b�e✓ , 19 9� before me a Notary Public ithin and for said county, persona ly appeared r �a. 'Q% D ner known to me to be the person s) e cribed in and who execute t e foregoing instrument, and acknowledged that he (they) executed �the same as his (their) free act and deed. LINDA S. VEB 0 NdTARY PUBLlC- W11NNE80TA HENNEPIN COUNTY ! '4` � �"h'0011"�0"°7�°'°'� Notar Public S )ss. • �OUNTY OF HENNEPIN ) On thi s o� 7� day of -��c��YJ�e� . 19 9� b�fore me a N tary Public within an or said county, persona y appeared � / � � P/`�O . � � '�'0 G�'/� i'` � k�ac�wan to me to be the person(s) escribed in and who executed the ��x��oing instrument, and acknowledged that he (they) executed �h� same as his (their) f ree act and deed. . A , v�� Notary Public LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My comm�aswn exD�res&t2-08 Page 5 of 6 .� � - RESOLUTION #3024 � ' ' _ _ �_ . . . . . • _ . • . - � _ ! — _ _ - -,=- --- -- - � �r i '' ,, , i; f �i � �� ► �� _ �; . . . ._ . .-- Ir . � _- . . _ __. . ... --- I . ... _ _ � .. . ... ; ,_ I i � I • r � : _: ''-..:... �, . " • . :.�"'� _ •, . ��_-�� • ��,� . ` . • • � •t � � • _ '•, �. �J .l�,� - i��.�� : � � . ^ = � �� •_.' � ' \ 1 . i�t A � �• _ � ••_ ,a 3Z._ , �� -• �.� � �— I K —� 1�� x I 1� . . �L� �7 �t:� _ { '. • ��r-�r� L � � • v� � ��i `� � . • �s�. ' • r t . \� � � • �� •' �. •�r � :�r �� :�:.`�� J��+a"' � ��:�y _ � )�'�;i• �� -� . 7vf�, � '�! • � �� `�� `�� ,�l_' �=— `«� ..��—� � ' v�'i ��T � � ��..h�` `a. � � ' '�Zl �O� i= � �� . � � �. •'��1"�. � . �-c�=` .- �� „ . , . : �_�.'r-y - , �•-��' _ - � Page 6 of 6 • RESOLUTION #3024 EXHIBIT A LEGAL DESCRIPTION: Lot 21 and that part of Lot 20 which lies Northwesterly of a line drawn from the rear line to the shoreline of said lot and midway between the sidelines of said lot, all in Block 1, "Wiley's Park", Lake Minnetonka and also that part of Lot 22, Block 1, "Wiley's Park" Lake Minnetonka lying Southeasterly 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 most westerly corner of said lot, according to the Recorded Plat thereof, Hennepin County, Minnesota. 0