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Home My WebLink About#6302-variance-2013 OZ3445 Alae' Doc No T05109291 Certified, filed and/or recorded on Aug 21, 2013 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 1020749M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1360259 This cover sheet is now a permanent part of the recorded document. O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 0 2 �k VIS 0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. 13-3605 WHEREAS, Brian Henning and Rebecca Henning, a married couple (hereinafter "the Applicants") are the owners of the property located at 245 Tonka Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 3, 4, and 5, Block 3, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new 14' by 14' elevated deck and stair 30 feet from the rear lot line where a 50 foot setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on May 20, 2013 at which times 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 number 13-3605. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on May 20, 2013 and voted 6 to 0 in favor on a motion to approve the setback variance for the deck based on the following findings: a. The Property contains 25,021 square feet (0.57 acres) in area and has a defined width of 199 feet. Page 1 of 4 O O CITY of ORONO �+ RESOLUTION OF THE CITY COUNCIL NO. 6302' SI'i0�' b. The home on the Property was built in 1994; a rear yard setback variance allowing the home to be built at 30 feet from the rear lot line versus the required 50 feet was also granted in 1994. c. The deck will not encroach closer to the rear lot line than the existing home. d. There is a door on the upper level which currently has a code-minimum egress landing and stair. The deck will replace the minimal landing. e. The topography and existing vegetation screen the proposed deck from the neighbor to the rear. f. The Property will conform to the hardcover limitations of Tier 3. g. The Applicants' proposed deck will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants 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 and CUP 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 and CUP 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 practical 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. Page 2 of 4 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL G� NO. 6 30 2 't�gk 7SHog,� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-305 to allow construction of a new 14' by 14' elevated deck and stair 30 feet from the rear lot line where 50 feet is required subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the 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 3 standards and no hardcover variances are granted. 3. 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 deck and commencing construction of said project. A footing inspection must be completed within one year of the date of Council approval, or the variances and conditional use permit will expire on that date (June 24, 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 Applicants have read, understand 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 the 24th day of June, 2013. ATTEST: kajuj ocr k Irk Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 3 of 4 � ° 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 30 2 t�kE.140 "Property-Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of JL4 2013, by Brian Henning, husband of Rebecca Henning. 7PUBUC DNESS NMINNESOTA j W s Jm.31.2017 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of J , 2013, by Rebecca Henning, wife of Brian Henning. MONICAA.FARNESS NOTARY PUBLIC-MINNESOTA A �/y(�(r fi .�., W COMission Expires Jan.31.2017 Notary Public . Page 4 of 4 CERTIFICATE OF SURVEY FOR BRIAN AND REBECCA HENNING OF LOTS 3-6. BLOCK 3, BAYSIDE ADDITION TO LAKE MINNETONKA HENNEPIN COUNTY, MINNESOTA 40 N 89'46'W 125.25 S (C) i o :'' W r � � Z ( T�tG O / 30.3 od OR G -9518--- W ------- - �-------- a W icem (p) rn ....36.2 (H).c9 In- .V ' -- w Q iF 14.1 ZN {s.9 �— Zt cn PAD n } N — W '/ m Q _ i 40.3 asp - 40.3 LL----- -�_---- . PR POSMV-e DECK&STAIRS rn m of �� ---- E SCALE IN FEET ti W of O N O w O O ———————————————————————————— N O O J Z O O f Z CITY OF ORONO SITE PLAN —L—GRADING PLAN N 89.46'W 125.25APPROVED 40 APPROVED WITH VISIONS I DROVE BY DATE S�3 LEGAL DESCRIPTION OF PREMISES SURVEYED: Lots 3,4,,5 and 6,Block 3,BAYSIDE ADDITION TO LAKE MINNETONKA This survey shows the boundaries of the above described property,the topography of a portion of the property,the location of an existing house,shed,driveway and sidewalk thereon,the location of all visible"hardcover"thereon,and the proposed location of a proposed deck.It does not purport to show any other improvements or encroachments. - : Iron marker found -9ae— : Existing contour line Bearings shown are based upon an assumed datum RECEIVED MAY 09 2013 CITY OF ORONO I hereby certify that this survey, plan,or report was prepared by me SCALE 1"=30' GRONBERG&ASSOCIATES,INC. or under me direct supervision and that I am a duly Licensed Land Surveyor CONSULTING ENGINEERS,LAND SURVEYORS, under the laws of the State of Minnesota. DATE 417-13 SITE PLANNERS 445N.WILLOW DRIVE 5-943 1i LONG LAKE.MN.55356 � JOB NOS S�1 9524734141 �,�(' 13-13t, 13-131 Mark S.Granbera Minnesota Uc6nse Number 12755 T N 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 June 24, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand fficially as such City Clerk and the corporate seal of the City this day of , 2013. City Clerk J `U � a a