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Home My WebLink AboutRes 3325 .40, 0.-4 . O . O CITY of ORONO 4.-, RESOLUTION OF THE CITY COUNCIL pi W �l9kE3l � pg K A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE NO. 1829 WHEREAS, Diane Sieff(hereinafter "the applicant") is the owner of the property located at 1080 Wildhurst Trail within the City of Orono and legally described as follows: Lots 5 and 6, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the reconstruction of decks and a deck expansion of 8' x 20' at the north side of the residence where 7,500 s.f. or 39.5% hardcover exists and where 7,265.9 s.f. or 38.2% is proposed and where 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1829. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 28,500 s.f. or .65 acres. 3. The Orono Council reviewed this application at their September 13, 1993 meeting and recommended conceptual approval of the after-the-fact variance application based upon the following findings: A. Total hardcover on the property has been reduced from 28.1% to 27%. B. Applicant has proposed total removal of hardcover within the 0-75' setback area. C. All structures either remodeled or expanded meet required setbacks. D. The only variance sought by applicant is for hardcover excesses within the 75-250' setback area. Page 1 of 5 Fm.5005 Ogg On.. e' °47.0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti ESH E. Applicant has proposed the removal of 84.4 s.f. of structural hardcover within the 0-75' setback area for 160 s.f. of new structural hardcover located within the 75-250' setback area. F. Applicant proposes the removal of 394.1 s.f. of non-structural hardcover to offset new structural hardcover (160 s.f. - 84.4 = 75.6 s.f.). 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 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 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 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 findings noted above, the Orono City Council hereby grants an after-the-fact variance per Municipal Zoning Code Section 10.22, Subdivision 2 to permit the reconstructed decks and 8' x 20' deck addition to remain as constructed, subject to the following conditions: 1. All hardcover improvements scheduled for removal and as shown on Page 5 of this resolution shall be completed by October 15, 1993. Applicant shall be responsible for contacting building staff to confirm the removal of lakeshore shed and other non-structural hardcover by the specified deadline date. 2. Applicant and future owners are hereby advised that if a plastic underliner or geotechnic fabric is reinstalled within planter box area as shown on Page 5 of this resolution or if other areas of property are covered with plastic underliner or geotechnic fabric where excesses of hardcover already exist on the property that the City will require the immediate removal of the 8' x 20' addition to the deck on the north side of the residence as shown on Page 5 of this resolution. Page 2 of 5 Form 5005 Cua a.. ()C.:). 6.----- CITY of ORONO o v ,emsRESOLUTION OF THE CITY COUNCIL "i 004-1' t NO. 9kEsKo4' 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by applicant completing all hardcover removals by October 15, 1993 or this variance will expire on that date. 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her 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 27th day of September, 1993. A i ST: 1.7 /Dorothy ;llin, City Clerk Edward J. Call an, - i'' / ‘1-"-;—:il.---gee—:•A- /I/7-fivYA /ii,..0 ' Jr., Mayor ,/` Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c.. , CAROLS A. HASEMAN 09/te-,./J 61,,,erld,—/744G•s--1 �ro EN PUB�IO--ti+INNESOTA Notary Public `S_ HENNEFal COUNTY MY COMM1C31ON EXPIR:S 8-210S Page 3 of 5 Fore.5005 Dist On.. 0i1: °.40 CITY of ORONO RESOLUTION OF THE CITY COUNCIL • �,, �+ NO. 3 3 1G •�,lN0.\`4, 9kESHo4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 7Phrpe 199 4.4 before me a Notary personally appeared ,!ane Sze (Jh(}1 f Pi ec/. Public within and for said county,p Y n known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. C. CAROLE A. HASEMAN NOTARY PUBLIC NOTARY 411NNESOTA ..f HENNEPIN EPIN COUNTY . MY CCI«":;i1CN EXPIRES 82158 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . NOTARY PUBLIC Page 4 of 5 Few SOOS Oat Oran Certi f icatd of Survey for Roy E. Benson • of Lots 5 and 6 , TONKAVIEI•I GARDENS Hennepin County , Minnesota • • • 101 1 -11 \/ I r sl � �p1 (�fie • c T r s, ,-- 2 8 ... Ar O'iste rso rl t i: ... . ' . C.7' - .: 4 "Dec r 110 • t. ,% . :.. .,. ., .. 1..„3. 4' 0 ON L.. ); Erisf:n1 �♦ . - til 1 • \— r 1 • z� yr• (� 1.34 wt.� M. 3 i•eallP \ k sr� 1`1 ./'n/ 1 "A• N H,Z. �n 101 • I 'a `` ^ \ i ° 1r j 1^' .I ^t. \ 6^ '.''• 9"° 1 ..a . oz?‘ \ • ��,� V'''' �� S w \ \ \. 4/ . . .. :,• \:.0' - oe.. i-v .,.? . - j co.a b \ to Ln \ tr, b w . r.o • I hereby certify that this is a true and correct representation of a su cf Lots 5 and 6 , TOfKAV' E!! GARDENS , Hennepin County , Minnesota , and :he Isting buildings thereon . It does not purport to show any other improve , - ments other than visible "hardcover" . n