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Home My WebLink About#3778-variance-1996 . � °� 0 0 C ITY o� OROl�O ,� `'° -'� �. I ti � �� '�' RESOLUTION OF THE CITY COUNCIL ��ESH�g'� NO. e3 '7 "� � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONTi�'G CODE SECTION 10.03, SUBDIVISION 14 (C) FILE NO. 2172 WHEREAS, Gerald L. Bloms and Nancy C. Bloms (hereinafter "the applicants") are the o�vners of the property located at 4195 Forest Lake Drive �vithin the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 3, Forest Arms Country Club Addition, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to permit construction of a 12' x 14.6' main level deck at the southwest comer of the existing residence that will result in an increase of 168 s.f. or l.l% structural coverage where 15.7% exists and a total of 16.8% is proposed where only 15% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIi�'DINGS 1. This application was reviewed as Zoning File #2172. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 15,832 s.f 3. The Orono Planning Commission reviewed this application on September 16, 1996 and recommended approval of the variance as proposed based upon the follow-ing unique findings and hardships: A. Structural coverage on this properry is consistent �vith structural coverage found on developed properties within the Forest Arms Country Club Addition. Page 1 of 4 � °� 0 0 � - �-b� -, _, � � CITY of ORONO � ti � '� �~' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. �, '� '7 g B. The deck will result in 168 s.f. or 1.1% increase in structural coverage. C. 1�.7% structural coverage exists on the property. The proposed improvement at 168 s.f. w-ill result in total structural coverage of 16.8%. D. The deck will meet all required setbacks of the LR-1B zoning district. E. Hardcover is proposed at 3,928 s.f. or 24.8% within the 250-500' setback area. The Code would allow 30%. F. The City has received no negative comments from the adjacent residents nor from the other residents notified of the pending zoning application. 4. The City Council finds that the conditions existing or, this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 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 includina 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. CONCLUSIONS, ORDER AND CONDITIO�'S Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) approving a structural coverage increase of 168 s.f. or 1.1% where excess structural coveraje exists to pernut construction a 12' x 14.6' deck at the southwest corner of the residence located at 4195 Forest Lake Drive, subject to the followinj conditions: 1. To be amended by the Council. Page 2 of 4 � o� 0 0 �b. - ci�rY o� oRONo � tiJ ��L ��~' RESOLUTION OF THE CITY COUNCIL �kESH�g' N0. e� �' �� `� 2. Upon application for a building permit, applicant shall provide an amended survey locating deck addition with access stair and detached shed in rear yard. 3. Authorities granted by this variance run ��ith the property not with the apF:icants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 23, 1997). 4. 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. 5. The undersigned applicants have read, understood and hereby a�ee 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 of Orono, Minnesota at a regular meeting held on the 23rd day of September, 1996. A TEST: , v ' � ��, orothy M. Ha li , City Clerk Edward J. lahan, Jr., Mayor � , ; � . / , r�'Z�..(..-( ��i�"��-/ �. '2'� roperty Owner (s) Page 3 of 4 � o� 0 0 � ��s. - _, � CITY o� ORON4 ti �'C�� ~' RESOLUTION OF THE CITY COUNCIL �kESH04"� NO. 3 � "� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instnunent was acknowledged before me on this 23rd day of September, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. .<.•.:�., LINDA S.VEE ' / " .' ' NOTARY PUBLIGtdiNNESOTA � G� ',;'` :'e,: HENNEPIN COUNTY + '��••• My Commission Expires Jan.31,2000 No ary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of�L,n.� , 199Z before me a Notary Public ��ithin and for said county, personally appeared �1�.F-v��j�j}�,� �y�ui-,�,'F,f known to me to be the person(s) described in and who eaecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. t _�; LINDA S.VEE _ , �� 'c �:4-'t!:tn• NOTAAYPUBIIC-��tINNESOTA ! '�'-' HENNEPIM COUNiY iy2Cj iLi ' � . t'�-�cmT;ssicr,Ex,ir;s Jzn.31,20��o NOTARY PUBLIC .. .. .:....::'.:..=.�:�___::�:�.'r.:�.::.c.'�;.;�,��::<�% STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of��ne , 199 7 before me a Notary Public ��ithin and for said county, personally appeared �-e��/cE �'��r»5 ,i'y1Gr/��-� _ known to me to be the person(s) described in and who executed the fore�oing instrument, and acl:nowledged that he (they) executed the same as his (their) free act and deed. � _ . . , // •'� �"`• LINDA S.VEE ��-% v�� :; • .; ' NOtARYPUBLIC-�dINNESOTA NOTARY PUBLIC y �; .'��' HENNEPIN COUNTY • My Commission Expires Jan.31,2000 k`.: :. Page 4 of 4