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Home My WebLink About#4841-variance-2002 :�_. � '.�..N r. /�___ � �� o� � o 0 ��b_ � CITY of ORONO � � � � - �� ,�' RESOLUTION OF THE CITY COUNCIL ��SIIpg'� NO. ��. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZO1vING CODE SECTION 10.22, SUBDIVISION 1 (B), _ . FILE NO. 02-2809 � WHEREAS,Rick J. Sterling and Kristine E.Sterling,husband and wife,(hereinafter "the applicants")are the owners of the property located at 1300 Vine Place within the City of Orono (hereinafter"the City") and legally described as follows: - Tract B,except the easterly 3 5 feet thereof parallel with and measured at a right angle to the easterly line of said Tract B;Tract C,and Tract D,except the southerly 28 feet parallel with and measured at right angles to the southerly line of said Tract D,all in � Registered Land Survey No. 488, files of Registrar of Titles, Hennepin County, Minnesota, (hereinafter"the property"); and � • WHEREAS, the applicants have applied to the City for a variance to Municipal , Zoning Code Section 10.22, Subdivision 1 (B)to allow encroachment of 105 feet into the average lakeshore setback to replace a portion of the upper level deck and to construct a 2' x 10' addition to the lake side of the existing residence. 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 July 15�.2002, at which time all persons desiring to be heard concerning this application were given the�opportunity to speak thereon. _ NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • ' FINDINGS � . 1. This application was reviewed as Zoning File#02-2809. 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 1.31 acres. 3. The Orono Planning Commission reviewed this application on July 15, 2002 and • recommended approval of the proposed variance based upon the following findings: 1 of 5 , . , - �---- �� o 0 ��b. - CITY of ORONO � � � � . �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH�g'� � N0. � $ � �, A. The shape of the shoreline makes it impossible for any structures on this property to meet the average lakeshore setback. B. Neighbors views of the lake will not be negatively impacted by the addition. C. Hardcover in the 75-250' setback zone will not change. D. Lot coverage by structures will remain at 7.4%, well below the 15% limit. 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 variance will not adversely affect tr�c 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 demonstrable hardship or 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. 5. 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 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 a . variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B)to allow encroachment of 105 feet into the average lakeshore setback to replace a portion of the upper level deck ancl to construct a 2' x 10' addition to the lake side of the existing residence. Approval is subj ect 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 fi�rther Planning Commission and City Council review. 2. 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 2 of 5 r' , , . '�_ _ . � O� • O O ��b. � CITY of ORONO � � � . ti �� p�' RESOLUTION OF THE CITY CO Iy,�I �9kESH�4� NO. � �4 � � one year of the date of Council approval, or these variances will expire on that date (July 22, 2003). _3. Violation of or non-compliance with any of the terms and conditions of this variance 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 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 22nd day of July, 2002. • ATTEST: � . . ° ,� �/ ��.�� Linda S. ee, ity Clerk Barbara . terson, Mayor � c � Pro erty Owner(s STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this 22nd day of July, 2002 liy Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .. t�cyE��oor� ��. �� -:`' n�ih:�`°�f^ Notary P�blic °�+�`��= NOTARY PUBUC- Jan.3�,2G05 �1 �,r,�: ��issipn E�cpires ':�:� My ::,;.. � 3of 5 �" � . ,� �—.—" • � O ' V . . • O O ��b. - CITY of ORONO �� ,� �, .. ti �� ,'�' RESOLUTION OF THE CITY COUNCIL . ��sxo�`'� � . rvo. 4 8 � � . STATE OF MINNESOTA COUNTY OF HENNEPIN _ The foregoing instrument was acknowledged before me on this �-�y of July,2002 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. �/� �^ �,A('Fr�� r"�;. � l4../UO-�� r�orhrv r�..�._ ' � Notary Public '�:'� My Commission Expir�.,Ja�.. �; � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of J j ,2002, ��c/� J. 5 fP2/r'nq personally appeared _ . before me, ��?►S f i��. �, S-�'e r21�n q� nZ a �IC1 ec� • �vho is personally known to me . �J . ✓whose identity I proved on the basis of /�7�V ��- 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. ;.;��. MARY ANN JOHNSON v��c(� '� '��' NOTARYPUBLIC•MI'vNESOTA .. NOt�PU 1C ,k_: 's""� I�ty Conunisslon E�cpires Jan.31,2005 . . . ' ..-•�•. _ STATE OF MINNESOTA COUNTY OF HENNEPIN � On this day of , 2002, personally appeared before me, . who is personally known to me whose identity I proved on the basis of � whose identity I proved on the oath/affirmation of , a credible witness and�vho executed the foregoing instniment,and acknowledged��hat he/she/they executed the same as his/her/their free act and deed. � � Notary Public 4of5 ` � -•��- � CERTIFICA;E=chibit A ,=OR . L. CRAII�ER C4NtPANY IN TRACTS B, C, & D, R.L.S. N0. #488 � � HENNEPIN COUNTY, MINNESOTA� � . • � 4841 FOREST� � . LAKE � . . � , , . . , n,,.., �� S 85°36' �• ""„ . �.-------00 E 107.25-�^ . . �, _—�___ � � '. � ��`�`S 6 �`" / �?�2 �� / � SURVEY� � O ,� . • % : � y �� % � � �F�q� O 929.4 CONTOUFt Lf�E� � �� .�\_ -i n t��;-i '� �� \\ \ C � .. � _. • � � � `�� . �V% ''�� ,i \ ' � �. ' / ; �" """ '� e„S� � ' ��I / i (KL�\ i�EOAT �.. Oc � �� i %70N (wu � � �O �, �� a � VATq . � � �O , �� S• SETB�CX 1.lE �, �kr `�,a �r�K `�I �� ..i � �, 2� �•«.� �� ,��' fO ;• , � . , , EXISTING �" ,� �� ^� � ' � C_� : �.� hJ� � SifA " � EAS7ERLY LPE /� � " n7x,� l/ ; „� HOUSE 1 a,, •,c�, «aq� ,� .�T.,o:�°nis NoT ea / ;wa� �it'•.�r� _� \ � p�x.» � a�� , ' - �- y� �,• r/ .0 / . � �� i� Mul.` i t �� / ` i F a�o N • -rr� • ��-r 3Q��ii ♦ �. � �� • � i : :��i:� . i� � �t'.�� i � ♦ , \, ' / � � fwvA i `"4 n� � . • � � , 1 ,y � � � � �-� i '�-0, . ; �� : : � lfrul . f - � QuJEWAT� � i t / � � ' rt i DC611tJC ''�.,,y �V 6� ; c»w / � SOtR'ERIY L►E� . o3s• � � '� I, ./ . �i' . HOUSE , . °�:.cr� � �7c. � ^._ . . � ---- -•°. . RLS.tW.iG! �"�� "9 � �"��> i K' , �g t�3 0�� . • . c � �8e •n ;� �i,�o0��00 \ � o°'i�� , �,�, °°v� . .��'� ,''---� � r� •� EXISTING'`�� ::.c �nu� �4l�l��7�, HOUSE T�:Ci%.-� �< . , .. .t• . � �J� � �� . � V � . . LEGAL DESCRIPTION OF PREMISES : • • � Troct 8, exeept the eosterly 35 feet thereof parallel with and rreasured at o right angle t� the e�aterly line of said Troct 9: Troct C, and Tract D, ex�-pt the southerly 28 feet porallel with ond rrKasure�i at righi ongles to :F.e so�tnerly line of soid Tract 0. all in Registered Land Survey No. 438, files of Registrar of Titles, Hennepin County, Minnesota. o : denotes iron rtnrker • (9os.3): denotes existing spot elevation, meon sea level datun Beorings shown ore based upon �on ossur�ed datun. • This�survey.intends to show the boundories ot the above described property, the location I of an exist�ng house boat house ond shed, and the loeation of oll visible "hordcover" thereon. It does not purport to show any other irtproverients or encroochments. , RSNtD 7£v9d: D�:c OE5l9tlilON � 11fRL5Y CE4iiY TMT i1G iLw'l'r:G'U�G�vR A90Nf "+•� GRONBERG 3c 4SSOCI�TEc,It1C. �MT IKiJ1 A DAT Ii=��D Pi1J: �`a��"�v '„� ♦MN ECO ca+Atttt Q+aEEfS ur0 9f�vE�rORL srE RwERS w�sra uttx nc u.s o nc n.rz a�iw 6-OS-02 �a5 tt K1LCw pR. �pNG Le.�,MN,55356 , ,pg�q_ �� 952-473-4141 �f71! 02-tE2 MSC D�TE--(�-°L w LKEMSE MaEER�, avav � PZg2 5 of 5 �4f�.-•� l� :M•-w l�� .