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Home My WebLink About#5015 - variances-2003 � p �.� � • � > . � - � CITY of ORONO ,� � -.,;.. � . ti ��L �G~' RESOLUTION OF THE CITY COUNCIL `�kEsKO�`' . rvo. 5 0 � � A RESOLUTION GRANTING VARIANCES TO MUlvICIPAL ZONING CODE SECTION 10.03 SUBDIVISION 15(A) SECTION 10.22 SUBDIVISION 1(B), AND SECTION 10.25 SUBDIVISION 6(B) FILE NO. 03-2915 WHEREAS, Scott Udell & Deah Udell, husband and wife, (hereinafter "the applicants") are the owners of the properiy located at 2166 Shadywood Road within the City of � Orono (hereinafter the "City") and legally described as follows: That part of Lot 19,Block l,lying Northwesterly of a line drawn through said lot parallel with the Southeasterly line of said lot and 12.5 feet Northwesterly there from,and also the Southwesterly half,front and rear, of Lot 20,Block 1, all in Wiley's Park,Lake Minnetonka,Hennepin County,Minnesota • (hereinafter the "properly"); and WHEREAS,the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 1(B)and Section.10.56, Subdivision 16(B)(6)to allow construction of a 2°d story porch above an existing kitchen encroaching 8' into the average lakeshore setback.; and a variance to Sections 10.25 Subdivision 6(B) to allow an encroachment of 3.5' into the 10' required side yard setback where only a 1.5' eave is normally allowed as a non-encroachment. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2915. 2. The properiy is located in the LR-1C Lakeshore Residential Zoning District,which requires minimum lot area of 0.5 acre and minimum lot width of 100'. The area of the property is 0.43 acres (18,843 s.f.) and defined lot width is 72.97'. • 1 • , ; � � O� • O �� ^ O . - - l CITY of OROND � - : � , ti �� G'�' RESOLUTION OF THE CITY COUNCIL . �kESIIOg' N0. � � .� � � 3. The Planning Commission reviewed this application at a public hearing held on July 21,2003 and recommended approval of the average lakeshore setback variance as well as approval of the side yard setback variance, based on the following findings: � ' a) The proposed porch addition would not encroach further into the average lakeshore setback than the existing home. b) The views of the lake from the neighboring properties would not be affected � by the proposed addition. - � c) The eave encroachment is for an"eyebrow"eave that exists between the lsc and 2°d stories. The continued encroachment of this eave does not detract from the property or the neighborhood, does not add to the bulk of the structure in the neighborhood,and does not impact light,air or open space in � � the neighborhood. � .. 4. 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 public,and the effect of the proposed variances on the health, safety and welfare of the community. 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 ' 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 l�ardship 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. � . 2 . �� . _� i O� ' �� • �, �' O 3 CITY of ORONO ,� -- ; � � ti �� G~' . RESOLUTION OF THE CITY COUNCIL `�kEsKO4 . NO. 5 0 � � 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 Sections 10.22, Subdivision 1(B) and Section 10.56 � . Subdivision 16(B)(6)to allow construction of a new 2°a story porch to encroach 8' into the average lakeshore setback;and a variance to Sections 10.25 Subdivision 6(B)to allow an eave to extend 3.5' into the required 10' side yard setback where only a 1.5' eave is normally allowed as a non- � encroachment based on the following conditions: � 1. Council approval is based on the revised site plan submitted by the applicant with City staff ' annotations, attached,to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require fiu�ther Planning Commission and City Council review. � 2. Authorities granted by this resolution run with the property not with the applicants,but are � • permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on ' that date(July 28, 2004). 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 the applicants and the applicants' 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 28th day of July, 2003. . ATTEST: . � � , , � �� - Linda S. Vee, City Clerk Barbara A. Peterson, Mayor , __��7�� Ao�.-� �-,t- L..l�t �l • Property Owner(s) �• , . - 3 � , t � I O� • O , • O • g CITY of ORONO � ,: ; � , ti � �� G~' RESOLUTION OF THE CITY COUNCIL �kESI��4 � NO. � O .�. e� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this�day of 2003 by Barbara A. Peterson,Mayor of the City of Orono; a Minnesota municipal corporation and said instrument was executed on behalf of the City. , 6 �(R1STB B.P�lDERS4N - ^ NOfARYPI�LIC-M�NNESOTA NOt Public � � My Conm�ssbn ExP�res Jan.31,2007 �'� t��,c..,•- ,r-�� ST 1' '�O MINNESOTA • COUNTY OF HENNEPIN � � � , � The foregoing instrument was acknowledged before me on this�day of �5�,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � ,;;�:.� RACHEL DC�GE 4 �c�o-� =2;�'""`�i� NOTARY FUSL(C-M:P9i4�"QTA `� Not Public `•�, ;� My Comm'�ssion Expires J2�.3i,ZOG•i `S � "' �� -:r LL e:�.�.�:t•,. � � 4 . . o,�,. �. • � � � � � CITY of ORONO � -- ;-. � ti ��i� �G~' RESOLUTION OF THE CITY COUNCIL `9kESH.�4� NO. � O � D State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this �o'�'day of Qtit �� 2003 by Scott Udell, husband of Deah Udell. . BARBARA G.SILUS �/(,�-� NpTqRY p�gL{C-MINNESOTA � � Q ��pV�Jan.31,2008 l.�/uJ�—� Notary Public State of Minnesota ) , • ) ss. County of Hennepin ) This instrument was acknowledged before me this /J��day of �t �cd�f" 2003 by Deah Udell,wife of Scott Udell. BARBARA G.SILUS aiL6G1,E,G� �� NOTARY PUBLIC•MINNESOTA NOt Public ',,�. 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