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Home My WebLink About#4958-variances-2003 r r 1 I O� O O � '_ - . CITY of ORONO � ,� ,,.� . � . ,. �, RESOLUTION OF THE CITY COUNCIL `��L � ,�G~ . �kE58�4 NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZO1vING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C)(1); SECTION 10.56, SUBDIVISION 16 (L)(1); SECTION 10.56, SUBDIVISION 16 (L)(2); SECTION 10.22, SUBDIVISION 1(B); AND SECTION 10.56, SUBDIVISION 16 (C)(�; AND DENYING A VARIANCE TO SECTION 10.03, SUBDIVISION 14(C) � FILE NO. 03-2884 WHEREAS, John and Cheryl Fiebelkorn, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2730 Shadywood Road, within the City of Orono (hereinafter"the City") and legally described as follows: TRACT "C" REGISTERED LAND SURVEY NO. 420, Hennepin County, Minnesota and that part of Tract "D", REGISTERED LAND SURVEY NO. 420, Hennepin County, Minnesota(hereinafter"the property"); and • � WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.56, Subdivision 16 (L)(1); Section 10.56, Subdivision 16 (L)(2); Section 10.22, Subdivision 1 (B); Section 10.56, Subdivision 16(C)(6); and Section 10.03., Subdivision 14(C)to replace an existing 399 s.f. lakeside deck with a S50 s.f. lakeside deck with a lakeshore setback of 68.3' from the OHWL of Lake Minnetonka where 75' is required; 593 s.f. (6.8%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted; 6,449 s.f. (52.3%)hardcover within the 75' to 250' lakeshore setback zone where 3,085 s.f. (25%) is permitted; an encroachment of 22' into the � average lakeshore setback; and lot coverage by structure of 3,225 s.f. (15.3%)where 3,157 s.f. (15%) is permitted, in the LR-1B zoning district; and 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 Apri121,2003, 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 ; �� . � O� O O � '� � A- C ITY of ORON� � 3 '':3.ti. Y7 . �.. � � RESOLUTION OF THE CITY COUNCiL ��L �Gti � �kES8�4 NO. . � � � � FINDINGS. 1. This application was reviewed as Zoning File#03-2884. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot area. The property consists of approximately 0.48 acres. 3. �The Orono Planning Commission reviewed this application on April 21, 2003 and recommended approval by a vote of 6 to 1. � 4. The Planning Commission made the following findings of fact: ' A. The deck has existed in this location since 1972; B. The neighbor's views of the lake are not greatly affected by the location of the ' - � deck; � C. The deck will not change the structural setback from the OHWL of Lake � • Minnetonka or the average lakeshore setback; � . D. Expansion of the deck as proposed, filling in the"U" shaped area,would increase structural coverage and hardcover on the property. The applicant has stated that the expansion can be configured so that it will not increase hardcover. However, structural coverage will still increase; and E. Instead of filling in the "U" shaped area,the deck could be reconfigured to avoid an increase structural coverage on the lot. A new deck may be up to 482 s.f. in size (or 83 s.f. larger than it currently exists) and still meet the ' � maximum structural coverage (3,157 s.f. or 15% of the lot area) allowed on the lot. � � 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 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 • Page 2 of 5 ' t� O� . � O O � �� CITY of ORONO � ' -,..;. �� . RESOLUTION OF THE CITY COUNCIL �L�kESI3�g'�G NO. � � e� � � recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variances 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 grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.56, Subdivision 16 (L)(1); Section 10.56, Subdivision 16 (L)(2); Section 10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16(C)(6); to replace an existing lakeside deck with a new lakeside deck of a different configuration over existing concrete patio with a lakeshore setback of 68.3' from the OHWL of Lake Minnetonka where 75' is required; 586 s.f. (6.7%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted(no change from existing); 6 ,449 s.f. (52.3%)where 3,085 s.f. (25%) is permitted hardcover within the 75' to 250' lakeshore setback zone (no change from existing); and an encroachment of 22' into the average lakeshore setback; and denies a variance to Section 10.03, Subdivision i4(C), � • disallowing the proposed structural increase in structural lot coverage. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and as amended by staff as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: � a) The new deck may be up to 482 s.f. in size (or 83 s.f. larger than it currently exists)and still meet the maximum structural coverage(3,157 s.f. or 15%of the lot area) allowed on the lot, and meet the 68.3' lakeshore setback; and b) A revised deck plan meeting the approved conditions shall be submitted prior to issuance of a building permit for a new deck. 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 (Apri128, 2004). 4 . Violation of or non-compliance with any of the terms and conditions of this • Pa e 3 of 5 g � °� �. 0 0 � �� CITY of ORONO ? . ,� � -?.,... � �� G�ti � . RESOLUTION OF THE CITY COUNCIL • L`�kES8�4� � . N0. ' � � 5 � . variance shall constitute a violation of the zoning code, shall automatically ternunate 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, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 28th day of April, 2003. ATTEST: � � U�_.e� �2��-� Li da S.Vee, City Clerk Barbara . ,,Mayor � , Property Owner(s) � STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said � instrument�vas executed on behalf of the City. � uc�e�sn�.��u�s�� ' ��c.��,.�.1�-��..a,� M6PARY PU8L1�-ft91NN�S4TA ' "q` � �'��ton E�ires Jan.39,z{to� � Notary Public . STATE OF .�,,,,_�j COUNTY OF HENNEPIN � The foregoing instrument was acl:nowledged before me on this�;�day of April, 2003� . by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument�vas executed on behalf of the City. . x �._ . :�:�', RACHEL DODGE ��' �{'��< NOTAF2YPUBLIC-M1NNE,^•OTA NotaryPublic �.�. : My Commission Expire;,Jan.31,20�'S • � ��a 4�L.�E.'�.�F.e^, . . � Page 4 of 5 . � � O� O O � '�� r CITY of ORONO 9 � ' �.. c1�'/ a l�l �� G~' . � RESOLUTION OF THE CITY COUNCIL . ��kESYi�g'� . NO. _��.��, �. � � . STATE OF NIINNESOTA COUNTY OF HENNEPIN On this �' day of cc. � ,2003,.��f� /;��/�ain� `lflsr'e� personally appeared before me, � who is personally known to me � � c�whose identity I proved on the basis of �,U�� whose identity I proved on the oath/affirmation of � a . credible witness � and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as � his/her/their free act and deed. . DENISE M.LESKINEN NOTARY PUBLIC-MINNESOTA � Niy Commission Expires Jan.31,2oc5 Notary Public . � . � STATE OF MII�TNESOTA COUNTY OF HENNEPIN On this5 day of__�.�_�, 2003, Jdhn �, F'ie,(�J,Co�n � Mc�/'�'xs1 personally appeared before me, who is personally known to me bGwhose identity I proved on the basis of 1•.—Ul1 i� C.. whose'identity I proved on the oath/affirmation of � " � a credible witness • and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. t DENISE M.LESKINEN NOTARY PUBLlC-MINNESOTA My Commission Expires Jan.31,zocs Notary Public �. � Page 5 of 5 N� . � • • r ^ \ � �� ?<l-�"l�lT -� /� �� -�rp�.l�,`�Of`1 \ �d � � � � � � - �� O/ f `` �/ . � i� � ' � �� -� � � . 0 � �y2 \ . � o-a� o y . ,� , � � �o� � �' . ��' � � ,, . . � �, � i � � �� -� � .�+ �� o, �-,�. / ;� f / . ��'�6'c� � - � � .� ,t� \ \ �� L `� °S�, � � \ \ � . . ' \ �� y \ ��\ �� t�'� \ � � �. 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