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Home My WebLink About#4916-variances-2003 3� � O� � O �:� n O � . CITY of ORONO � � ._ �... � ti �'� G'�' RESOLUTION OF THE CITY COUNCIL L`9kEsI3��'� No. ` �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, . � SUBDIVISION 16 (L); AND � SECTION 10.24, SUBDIVISION 5 (B) � - FILE NO. 02-2850 � � _ WHEREAS, John Wallcer and Patricia Walker, (hereinafter "the applicants") are � owners of the property located at 1318 Spruce Place within the City of Orono(hereinafter"the City") and legally described as follows: Lots 9& 10,Block 10,Saga Hill Revised,Hennepin County,Minnesota(hereinafter "the property"); and . � WHEREAS, the applicants submitted an application requesting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 4,277 s.f. (34%)hardcover in the 75-250' lakeshore setback,where 4,277 s.f. (34.%) exists � and 3,137.5 s.f. (25%) is allowed; and a variance to Section 10.24, Subdivision 5 (B) to permit a deck to be 23' from the rear lot line where 30' is required 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 January 22, 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: . FINDINGS 1. This application was reviewed as Zoning File#02-2850. 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.33 acres. � , Page 1 of 6 \ �� _ O� � r � O �, O . � r CITY of ORONO ,� .: .,.. � _ _ � ti . ti � RESOLUTION OF THE CITY COUNCIL �L`q 04�G � NO. � � � � kESYi 3. The Orono Planning Commission reviewed this application on January 22,2003 and recommended approval of the proposed variances based upori the following findings: A. The existing residence was built in 1974. , _ . B. The property is unusual that it is surrounded on two side by platted, but undeveloped right of ways. .. C. The City is unlikely to vacate Summit Avenue or Grant Street,therefore there is not additional land to obtain. ' • D. The topography of the property changes from the front to the rear of the property,necessitating retaining walls. E. The deck will not obstruct views of adjacent neighbors. � • F. The property is wooded, at the end of the street, and surrounded by two undeveloped right of ways, therefore the deck location will not have any . �negative visual impact in the neighborhood. G. The hardcover in the 75-250' setback zone is not increasing. The applicant � will remove a lower deck, a portion of the driveway and a brick paver walkway to maintain existing hardcover levels. � 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 . � . 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. � �. 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 • welfare of the community. Page 2 of 6 � => O� � , • O � O . '�� CITY of ORONO � ,� � -t.,. � f ti ti � RESOLUTION OF THE CITY COUNCIL �L� 4�G . � rvo. 4 � ,� � kES�1� CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to pernut 4,277 s.f. (34%) hardcover in the 75-250' lakeshore setback, where 4,277 s.f. (34.%) exists and 3,137.5 s.f. (25%) is allowed; and a variance to Section . 10.24, Subdivision 5 (B) to permit a deck to be 23' from the rear lot line where 30' is . required in the LR-1B zoning district, subject to the following conditions: � 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The following hardcover shall be removed from the property prior to final inspection . • of the deck(indicated on Exhibit A): � � � . Entire lower patio(42 s.f.),portion of the driveway(111.2 s.f.),and brick pavers(63 s.f.)walk turned to wood chip pathway. . 3. Authorities granted by the variances 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 (January 27, 2004). ' 4. Violation of or non-compliance with any of the terms and conditions of the variances 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 owners have read,understand 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 tliis resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27�'day of January,2003. • Page 3 of 6 � � , � O� , � O O . ' � r CITY of ORONO . � � . -� � � �-� ti j RESOLUTION OF THE CITY COUNCIL � . . . '�,�� , �Gti �kESB�g' N O. � � A � ATTEST: , _� . A � �/t'�� - � Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor ��) C�/a��'� �G�Q,� � Applicants " STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this 27�'day ot.►anuary,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. . •�e KRISTI B.ANOERSON �.. � '2,,�, - NOTARY PUSLtG-MINNESOTA �y'.rr. ��y��!ml F�Cp;tvS J^u� ii.:!�7 �6 NOt Public n Y ...;�,�'Y�✓. ' � STATE OF MINNESOTA COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this � day of� �61"tiir0�-� / , 200� by Linda S. Vee, City Cl'erk of the City of Orono, a Minnesota . � municipal corpo ation and said instrument was executed on behalf of the City. . y ` ' C�a�/� � �' .n•�. RACHEL DOCGE �� ':�� `��` Notary Public .-: '.• NQTkRY PUBUC-MItihE,OTA . ��:;��i" �,�y Ccmtti�ssion Expires Jan.31,2005 �.:::�,.;; . � - • " � � Page 4 of 6 � • t . � O� � • O 1. O - � .� CITY of ORONO � � -. .;.. � � � ti ti RESOLUTION OF TH�E CITY COUNCIL �L� , ��G � � ' � � � � k'ESB� N�. . f STATE OF COUNTY OF ��J�'"`"V"� . 1 l l� On this3 day of�- . ,20�, �- J /(��e�� personally appeared efore me, � who is personally known to me � whose identity i proved on the basis of � whose identity T proved on the oath/affirmation , a credible witness � � and who executed the foregoing instrument, and acknowledged that he/she/they executed the � saine as his/her/their free act and deed. -- - - , �� . - c��=1Ct�1L sF_A!_ R�'}��. JONES _ fdo�iy t•''u+c�•e�ai�o�tArizonn : • �'A��a�'��m' � Notary Public �G�mm.E�s'r�s A�ay�4,2003 _ ... �•. . . STATE OF MINNESOTA . � COUNTY OF HENNEPIN ' On this day of ,20_, , personally appeared before me, � who is per.sonally known to me � whose identity I proved on the basis of whose identity I proved on the oath/affumation , 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. ' � Notary Public - ' • Page 5 of 6 � ,. . ' ' Eghibit A . 4J1 � � � � � � t � � � . . . �.�IT . -. . .� � ��,� ~-. �+ . �ENUE . � ��z �� . ��1 0�� . . o��a *� /� �° —2� ��Z� �Z� �'� . f cn .�c�1�L='1 p0'OZZ' ,i"�� . 6�4 �� 1 � N Q . wGj° �056�''1�''�' �: '� o� �.a � ti�g/ `�. �� ) %� � � � cb�//� Sd �' / m w w ,- �� / � ?�, � . � r.� O t � �� j►oo . 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