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Home My WebLink About#4767 4,, 0 0 -- ., CITYof ORONO 4.4 , 34Z-11 RESOLUTION OF THE CITY COUNCIL 4kES14.04 NO. 476 ; A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1(B)AND SECTION 10.56,SUBDIVISION 16 (E,F) FILE NO. 02-2748 WHEREAS, Richard Marzan, (hereinafter "the applicant") is the 9wner of the property located at 2795 Pheasant Road within the City of Orono(hereinafter"the City")and legally described as follows: Lot 11, Pheasant Lawn, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant have applied for a variance to Municipal Zoning Code Section 10.22,Subdivision 1(B)and Section 10.56,Subdivision 16(E,F)to allow an existing 216 s.fl deck to remain in the 0-75'setback zone where a deck of only 32 s.f. in area is allowed as a landing. 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 February 19, 2002, 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#02-2748. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District,where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 46,560 s.f. or 1.069 acres. 3. The Orono Planning Commission reviewed this application on February 19,2002 and recommended approval of the proposed variance based upon the following findings: Page 1 of 6 , . e. 0.4" )_� _ CITY of ORONO A tE it, __ i: iII: ile, G RESOLUTION OF THE CITY COUNCIL `� ESSO4 NO. Qr_, A. Applicant is replacing the existing residence on the property, hence all existing accessory structures are subject to review and potential removal per Zoning Code Section 10.03, Subd. 9. B. The steep topography to the lake requires some form of landing to transition from the steps to a dock. C. A portion of the property is located within the bluff line. . D. There is a limited amount of level land adjacent to the lakeshore, making access to the lake difficult without a deck or landing area. 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff,comments by the applicant and the effect of the proposed variance 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 to Municipal Zoning Code Section 10.22,Subdivision 1(B)and Section 10.56,Subdivision 16 (E,F) to allow a 216 s.f. deck and lock box by the lakeshore where a deck of 32 s.f. in area is allowed, 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 Page 2 of 6 OvS\s',',;=, ., - o CITY of ORONO ,%, � � z.,, 1,,,A,.:,:,-, 1 RESOLUTION OF THE CITY COUNCIL �' No. 476 '7 `gkESI304 Planning Commission and City Council review. 2. The deck will remain at 216 s.f. The roof over the deck shall be removed. The shed shall be turned into a lock box (20 s.f. in area and no higher than 48 inches). The shed/lock box shall be painted brown to blend in with the environment. 3. The applicant is on notice that the deck is nonconforming and when it needs to be repaired it will be required to be brought into conformity. - 4. Authorities granted by the variances run with the property not with the applicant,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 (March 11, 2003). 5. 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. 6. The undersigned owner has read,understands and hereby agrees to the terms of this resolution and on behalf of himself,his heirs, successors and assigns,hereby agrees to the recording of this 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 11th day of March, 2002. ATTE. 4ll �, Lin.. S. '-e, ity Clerk ' Barbara A. Peterson, Mayor Prope y Owners ST- TE OF MINNESOTA COUNTY OF HENNEPIN Page 3 of 6 ,�tb.4,.o o ,I, ,3 : , CITY of ORONO � Ai�,�_ ~ RESOLUTION OF THE CITY COUNCIL G 9 67 `gkES8O4N O. 41M ddy o F c fo„6P,e,o oo, The foregoing instrument was acknowledged before me on this •. • e • . , 102 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. *727a 6.eiwi i, 0. Not -, --------_-_,----_,----------,-,---1 STATE OF MINNESOTA _ MARY ANN JOHNSON . ''f7 NOTARY PUBLIC-MINNESOTA COUNTY OF HENNEPIN l ,„, Mg�,Expires Jan.31,2005 (� The foregoing instrument was acknowledged before me on this /711 day of G-fcbe.e , 200 :2• 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. be 77 (4.7, ---/./(,"..det Notary . ` r - STATE OF MINNESOTA ti MARY ANN JOHNSON COUNTY OF HENNEPIN ' _ NOTARY PUBLIC-MINNESOTA 1 � My Commission Expires Jan.31,2005 l On this 1/71/ day of Dc 71vbe2 , 20 cL, Ric/- q 02‘C. I _personally appeared before me, who is personally known to me '/whose identity I proved on the basis of 0 DL whose identity I proved on the oath/affirmation , 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. ' )76?`-4,-/-, CEJ 0; / ; Notary Puh is STATE OF MINNESOTA COUNTYOF HENNEPIN cI./lJJ/_/-l!!!l!!Il_/!!./_/,�I.11/!�� .-- MARY ANN JOHNSON `l, NOTARY PUBLIC-MINNESOTA On this day of , 20 !,\ - My Commission Expires Jan.31,2005 _personally appeared before me, ✓Ill- ----1--_,----_�lJ.!JJ.l./llJ��- who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation , a credible witness Page 4 of 6 . :047. O --,,,,,3\,.,_ CITY of ORONO 1;, t ,_ G RESOLUTION OF THE CITY COUNCIL 74 ` 10ESB0�� NO. 476 ` 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 , e4 .2 r` % ii -. 4, 4956.o 9 � I : M 20 i 207° :\° 1. . 48.0 1 943 - IVA n 6 \ 4. n 9 6 n 3• :1�7 .6�i )‹ o �� ` .- to • ..WELUNGD - -1 f/ �� .� •29.7 'rte v M•v 12" Cedar Na! _`1 c 15 Elm 1..o•-ftl = 25.5 �I� 7i1 I � \ ti n 6.0 • `�, ‘ 20' Elm �- c�:.t,\• 0 956.0 n 9 k o 6 �� ---;--- _ R s.6 h 0.4-� 49.3 - i;. ... ..2,:--2_________� �, �� 12' S. e '71 2_ao Sq. Ft II '!Existing----_,_�l :1,3,7% ��\ o � 1 Stormystuccofuckunder `279�O , 55.2/ , __ \pc.. I% 12" Pine ► Deck �� 10' Pine _ 9 `� ?B? S; Ft Cy ' 10' Pine , 18' ,Spruce' ._..... �_ i 9.9 10 Boxe/der% �� 18" Spruce 1 P 12' Pine ; \`�S * 1 "ISprrla� Ac 12 Pine + T + , '�0' spruce i 'QO O i ' 10" race `% A q� SF i ° hj j ri + cytiF f .; : ' .o• ; --_149._97- SURVEY LINE i — '� 1 952 i 946 950 + 944 + 948 eSf . 946 + + , 94Q 942 isi, » ms v e . + 44 9 Ilk 942 + + co 9 6 38 ed �` I + 940 .• • FG ��`� 1 938 , 936 43 IL t934 ,c) Carcrata Rat. 1{t1l O Deck 12 54 Ft �� 932 930 _ -�� / 216 59 /'- '151.4 . 5k -4-- �'_____, likbod-------- Rat FL .. — 153 -- 4- ORDIN,gR— 929 HIGH WATER WATER ELEVAT1ON=927.5 4 CONTOUR ON 10-12-00 ==i--.7.:::1-=-:k7---i -.-.-:-..1 -h.Lirv.za Iniz Ji.x43_,,irtinetionica tock bcx- • ao s . 4' {up 0.4A pc.11n-4e0 b o tori Page 6 of 6