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Home My WebLink About#6323-variance-2013 • + �(J�-{-� � [�C�" " �/� Doc No A10021921 Certified, filed and/or recorded on Oct 25, 2013 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, Counry Auditor and Treasurer Depury 84 Pkg ID 1047329M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. . � O� O .� O CITY of ORONO � , ,r-� �� ' D+ RESOLUTION OF THE CITY COUNCIL � G'�� NO. � � 23 ��xE o�� sH A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1279(6) FILE NO. 13-3627 WHEREAS, Rebecca L. Shabaz, a single person (hereinafter "the Applicant") is the owner of the property located at 2216 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as: Lot 11, Block 1, Wileys Park, Lake Minnetonka, Hennepin County, (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- ground spa ahead of the average lakeshore setback; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on August 19, 2013 at which times all pe�sons 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: FINDINGS 1. This application was reviewed as Zoning File number 13-3627. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. � 3. The Planning Commission reviewed this application at a public hearing held on August 19, 2013 and voted 7 for and 0 against on a motion to approve the average lakeshore setback variance based on the following findings: a. The Property contains 17,029 square feet in area and has a defined width of 50-feet at the lake and 50-feet at the 75-foot setback. b. Relocating the proposed in-ground spa to meet the average lakeshore setback line results in an encroachment into the required 10-foot separation distance from the home and deck. Page 1 of 4 � o� O , O CITY of ORONO � a � - ' � RESOLUTION OF THE CITY COUNCIL k y � � � � � '�,� .� G,�, NO. ��kESHOg'� c. The adjacent homes have above grade decks with which to view the lake over the ApplicanYs proposed in-ground spa. Due to the elevation difference, views of the lake from the adjacent homes will not be adversely impacted by the encroachment of the Applicant's proposed in-ground spa. d. There were no negative neighbor comments received regarding the Applicant's proposed plan. e. The Applicant's proposed in-ground spa is designed in a way which minimizes impact of the visual encroachment as opposed to in above-ground spa. The proposed location will not adversely impact views of the lake currently enjoyed by the adjacent properties. f. The Property will conform to the hardcover limitations of Tier 1. g. The ApplicanYs proposed in-ground spa will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. h. The Applicant's request is in harmony with the purpose and intent of the ordinance. i. The Applicant has demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicant of the reasonable use of their Property. 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 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 practical 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. Page 2 of 4 � o� O � O CITY of ORONO � �� ,�. . �+ RESOLUTION OF THE CITY COUNCIL �� ; G'�'� NO. � � � '� L�kESHOg'� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above�ndings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- ground spa ahead of the average lakeshore setback; subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. 3. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a permit for and commencing construction of said project. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 23, 2014). 4. 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. 5. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 23ro day of September, 2013. ATT�EST: �/"� G`e�.�-..,►�'.e-'��j`e-- � �'��`-��-i'l�tk��+-., Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 3 of 4 � o� O � � O CITY of ORONO ��.. �l � � RESOLUTION OF THE CITY COUNCIL �� „�V, � No. 6 3 2 3 G ��kESH�g'� t � -� P Prope y wner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this !day of ��'`��013, by Rebecca L. Shabaz, a single person. L �<c �- i�-�--� ,�+C�.�-- RACHEL DODGE Notary Public NOTARY PUBLIC.MINNESOTA My Commission Expires,lan.31,2015 Page 4 of 4 - � � A � � - �E MINNE►'ONKq 8-29—OB ELEyqTip��929.4 11-12-07 F1Eyq��928.5 7-75-13 EIEyATlOH�930.5 �— _— —_—�___ _ e��o � ' ,. ^ ��_ � �, . ;��- :_>� � � �� ' o � �_ � � � � ^� �. �� •zs� � r� � ; � �e. �� --- � � � � � � �� ,-- � � � �� ;„ - � ,., � � � .,, - � � � -------- . .. � _ . . ... � y - ----------- - ------ � 75' SETBACK-----' -"'-' ,'� ��Z ' , ,-- b � � g�g ,-- � � �o� ' ' _ _ ,_, b � "_�' o _ ._, � � „ � `-,� ;_: � � � � �. -- y -� ,., . �e ,—�,---- � � � � -�, �. -- .,, � :. . � �� . ,-. o � 'F` ------------' ------�8�E-3�-6d� y- --> __' � � i : . 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I � = � ��,�� E �� a ��g � �� ¢ � � � � � t � � �:�� + Iiil � i � ►iil � i � ° ,�; �� , � �� 4� ��a��a�aa� � �� g� a��'��'�� a � LAICE MINNEfpNKq � „_,x��°e`n'maaaaa.. �-is-u� � __"— �� - - _ _ � � � � �� — _ ,��.�,� � � �ir � ��a _-_ � � � ` —._ _ � � � � . ` � � . . s �� .., � � ... _ � � ------- ` ... " y � � ----------------------=-- � � b --------'-- y � s sclares .- C pg � 't ��'£ ... .'_ p � $s .: ° � � a ��-i - o o _' o � ,. � .. � � - .., q_ ,9 p� � . . /� �1�� ` ,.> ` ". Y :V s "—'rrswrwa ' �. � p�� ---rca T� a �R`e -f � q • F p � Y � � QQ ' F ! �e Iv ' � � � ,- � a ° b � � � Y "�� o � �� '"si=_"s{x a ; � �'i a €�� . � � � �� ' �- � � �� e'� ` o - -- � 'b i"' B ii4_ ` y O $� � �• v y� 4 a � �� -�-- � m�` � � ' ,,y�� 4' �' � `l '� � t,�'' 'R �'e � t �., 4'� � � � _� `.� , 4�t w'� 4 .� °�• �� . '�aw� � �� `. �� R�� SHADYWOOD ROAD `o xssx �� Z sea�� ( �� o -=- $�d i u � �� .�� a �� g�� ° o �� €� �� g �s� :�� s a�p � , � a � �i��' � i 1 �'' S L � � � ��R ��-+ �i�d�!q!4X3 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 23, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this��lay of c�iG�:�-t}�..��2 , 2013. l��z�.�_-�--� �C`��P.� �;,' ' City Clerk ,�; _- �:. ; �-;; Si '`+f � •.} �15 � . Y� t M r: « . . ,{ f - ,'