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Home My WebLink About#4943 - variance - March 2003 , � r • � O� O y O �'��V � C ITY of ORONO �T;\i d �� S�J 3..� :.hc"�r � ' .�1^ r ry ._./ C� � Y �� p~' RESOLUTION OF THE CITY COUNCIL r � ��kES�IOg' NO. —�_��-=�— A RESOLUTIO\' GRANTING A VARIANCE TO ZZUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTIO\T 10.56, SUBDIVISION 16 (C)(1); SECTION 10.2�, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16 (C)(6) FILE NO. 03-287� `VHEREAS, Sandra Ann Benson (hereinafter "the applicant")is the o�vner of the property located at 1376 Baldur Park Road; �vithin the City of Orono (hereinafter "the City") and legally described as follo�vs: Lot 20 and that part of Lot 21 lying northeasterly of a line running from a point in the northwesterly line thereof distant 23 feet southwesterly from the most northerly meander corner thereof to a point in the southeasterly line of said Lot distant 66.5 feet southwesterly from the most easterly meander corner thereof,Baldur Park,Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance from Municipal Zonin� Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.259 Subdivision 6(B); Section 10.22, Subdivision 1(B); and Section 10.56, Subdivision 16 (C)(6)to reconstruct and eYpand the roof of an existin� principal structure and replace windows and doors on the second story, in the LR-1C zoning district; and WHEREAS, after due published notice and mailed notice in accordance �vith tiliilnesota Statutes and the City of Ororio Zoning and Plannina Codes, the Orono Planning Coinmission held a public hearina on tilarch 17, 2003,at�vhich time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. \'O�V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FI\DI\GS l. This application�vas revie��-ed as Zonin� File #03-287�. PaQe 1 of� � o� o��, o �� - CITY of ORONO � t �� , �:�,; �,.�,� ti �� % Y �/��,. p~' RESOLUTION OF THE CITY COUNCIL L� � �� .� � kESH�4 NO. � � � 2. The property is located in the LR-1C Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approYimately 0.27 acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of� to 0. 4. The Plannin� Commission made the following findin�s of fact: A. The ori�inal structure has been located �vithin this footprint since 1959; B. The property is unique in that it has lakeshore on the front and rear and almost all of the lot falls within the required 75' structure setback from the OHWL; C. The application does not propose to increase the footprint of the structure, chanae the eYistinj setbacks or chan�e the existin� hardcover; and D. Additional ��egetative screenin� alon� the lake side of the residence will help to mitigate the visual impacts of the added height of the structure adjacent to the lake. 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��-i11 not adversely affect traffic conditions,liQht,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 alle��iate a demonstrable hardship or difficutty; is necessary to preserve a substantial property ri�ht of the applicant; and would be in keeping�vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application, including the findings and recommendations of the Plannin� Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safet}� and ��-elfare of the community. CO\CLtiSIO�'S, ORDER, AND CONDITIONS Based upon one or more of the abo��e findings,the Orono City Council hereby grants variances from �lunicipal Zoning Code Section 10.22, Subdivision 2;Section 10.�6, Subdivision 16(C)(1); Section 10.2�, Subdivision 6(B); Section 10.22, Subdi��ision 1(B); and Section 10.56,Subdivision 16(C)(6) Pa�e 2 of� � o� o � o �� a_:- CITY of ORONO �� , ,� �� ,�.; �. �>�- ti ��' ,� �� ,.�G~' RESOLUTION OF THE CITY�COUNCIL `q ° '-Og' NO. � � � �; kESH to reconstruct and eYpand the roof of an existing principal structure and replace�vindows and doors on the second story. Approval is subject to the following conditions: 1. Council approval is based on the site plan and building construction plans submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Due to substandard setback of the principal residence from the OHWL, the applicant must provide the following landscaping on the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake: 1. Two hardwood trees of the applicant's choice, located between the shoreline and the deck, at approYimately the eastern corner of the existing deck and 20' from the property line on the northwest corner of property; and 2. Replace the existing hedge, located in front of the deck stainvay, �vith a more substantial hedge. b) If structural removals exceed��hat is shown on the proposed plans, further review by the Planning Commission and City Council will be required. 3 . Authorities granted by this variance run �vith the property not with the applicant, but are permissive only and must be exercised by application for a building permit �vithin one year of the date of Council appro��al, or these variances �vill eYpire on that date (i�larch 24, 2004). 4 . Violation of or non-compliance �vith any of the terms and conditions of this ��ariance shall constitute a violation of the zonin� code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. �. The undersigned applicant has read,understood and hereby a�rze to the terms of this resolution and on behalf of themselves, their heirs, successors and assiQns, hereby agree to the recording of this resolution in the Chain of Title of the property. PaQe 3 of 5 � �� O��, 4 �� CITY of ORONO �� v� � �L� �\ �4�G~ RESOLUTION OF THE CITY�COUNCIL kEsKo rvo. 4 � 4 �� Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: ,_� � j ^ ) !��----� �--�. cL_:_ r�-�� cc>t �� r.�Lzc�t'JC��°''.�-t��C�c�d� ��t'C` �, t_�a.. r ir_ �'� ` - `,�ar� L . -,�City Clerk Barbara A. Peterson, Mayor p �7e�tzf-� �5��.�1�t c�1��,-.��J�.�Sc:� Property O�vner (s) STATE OF MINNESOTA COUI�TTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of March,2003 by Barbara A. Peterson, Niayor of the City of Orono, a Minnesota municipal corporation and said instrument ��as executed on behalf of the City. � � � > -, ,� `¢ 6�IS�9 f�.�Pt�fRS��! S �``' � O . ��,��_�Ny.��;�.} �; Nota Public �. "� =�,i� �1�'f�'Qi f��. T��7Q'iSf'2S��fi.J 1,�l",�,I 'ri� - ,��' _ . . _�1 � �� ?��'= � STATE OF MNNESOTA COUNTY OF HENNEPIN The foregoi�ins+rument�vas acknowled�ed before me on this is_`7 day of March,2003 �k�V'u:� r1.'1C��''-�'- by•�,-'rncYa-S---�ee;'�y��Clzrk of the City of Orono, a Minnesota municipal corporation and said instrument ��-as executed on behalf of the City. ,�' /-�� ;�' �� /� �� /'/� ;� �,. -�-y; �; ..�� `'i.i1-�C� T`T ', ' ' G��iS�M.LESKIf��:J Y ; ` �;�-� � ,} NOTARY PUBUC•MINNESOTA � Notary Public '`�.:,�:. My Corrrnissicn Expires Jan.31.2005 • Pa�e 4 of 5 � o� o �� o . �°�' C ITY of ORONO .� :� ,,. ��-.,- � ��, � .� ��, �Y�,, G RESOLUTION OF THE CITY COUNCIL L`9kESH04� NO. � � °4 � STATE OF MINNESOTA COU�ITY OF HENNEPIN , �� `�> � ti'�c.._ L� On this � day ofG��pr�i � ,2003, ��-{ ►"�-� G-1 n t �� '"��'��' ersonall P Y appeared before me, who is personally known to me � whose identity I proved on the basis of ��l N � �" whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. ? f'� RACH�L DODG= '� i�C(_ �_ `�--`-��, '/ C`.� � Y = NOTARY PUBLIC-MIC.��"QTA S�; ' � Nty Commission Expires Ja�•3 f,2��0.i t�f Notary Public 4 'v "" � .i+�.r'"�' STATE OF MINNESOTA COUNTY OF HENNEPIN On this_ day of , 2003, personally appeared before me, �vho is personally knotivn to me �ti-hose identity I proved on the basis of �vhose identity I proved on the oath/affirmation of , a credible �vitness and�vho eYecuted the foregoing instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. 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