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Home My WebLink AboutResolution 5318 � �� , � 3 CITY of ORON4 ,� - . � , ti ti RESOLUTION OF THE CITY COUNCIL �L`�k'Es�1�4`'�G NO. 'rJ � 1 � . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 (A) (B) AND 78-1279 (1) FILE NO. OS-3099 WHEREAS, Marnix Guillaume and Mary T. Guillaume, husband and wife (hereinafter "the applicants") are the owners of the property located at 3060 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, except the highway, Registered Land Survey No. 717, Hennepin • County,Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for hardcover and lake setback variances to Orono Municipal Zoning Code Sections 78- 1288 (A) (B) and 78-1279 (1) to allow construction of a deck off the lake side inain level of a walk-out style home including a covered entry over existing hardcover, and a pergola. - NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3099. 2. � The property is located in the LR — 1B Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. The applicants' property is 1.43 acres in area and 107' in width at the shoreline and 109' in width at the 75' setback. � 3. The Planning Commission reviewed this application at a public hearing • held on April 18, 2005 and recommended approval of the variances based on the following findings: . Page 1 of 5 � �� CITY of ORONO � a -, , � , ti ti RESOLUTION OF THE CITY COUNCIL �i`�k'EsKOg'�G tio. 5 � 1 � . . � a. A patio located closer to the lake than the proposed deck will be removed and allow for a wider un-obstructed lake yard. b. The applicaiits have agreed to remove 236 s.f. of existing hardcover in conjunction with construction of the proposed deck, covered entry and pergola. This results in a net reduction from existing 75'-250' hardcover from 33.9% to 32.6%. .c.� The location of the existing house less than 75' from the shoreline makes it impossible to construct a lake side deck without approval of hardcover and lake setback variances. d. The property consists of all four hardcover zones with the 250'-500' • and 500'-1,000' zone well under allowed hardcover percentages. 4. The City Council has considered this application mcluding the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfaxe of the community. 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants hardcover and lake setback variances to Orono Municipal Zoning Code Sections 78-1288 (A) (B) and 78-1279 (1) to allow construction of a deck off the lake side main level of a walk-out style home including a covered entry over existing hardcover, and a • pergola, subject to the following conditions: Page 2 of 5 �� . � ' :: , , „ , , � o� . • o � � � -� � C ITY of ORONO � - :. . � � . , ti �� G~' RESOLUTION OF T�E,�CITY COUNCIL `�kEsKOg' rva `� 1 � . 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 1,066 s.f. or 12.7%. Hardcover in the 75'-250' zone shall be limited to 6,576 s.f. or 32.6%per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants axe advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The applicants shall remove an additional 192 s.f. of hardcover within the 75'- • 250' zone than what is shown on the proposed survey. This brings the allowed hardcover percentage in the 75'-250' zone to 32.6%where 33.6%was proposed. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. � 5. Required removals of structure and hardcover shall be completed prior to the first inspection for the proposed covered entry, deck and pergola. 6. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (April 25, 2006). 7. 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. 8. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, • successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 � � �� - 3 C ITY of ORONO � - : � a ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ES�I�g'�G NO. S e� 1 � . Adopted by the Orono City Council on the 25t�' day of April, 2005. ATTEST: " ✓ �/ �/ Linda S. Vee, City Clerk . Barbara A. Peterson, Mayor C , �, Property Owne� s) • STATE OF MINNESOTA COUNTY OF HENNEPIN ' �The foregoing instrument was acknowledged before me on this c� of ��' ^-��;"2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �.-�,�„�..-ti� ��C! ' RACHELDODGE � _ ' NOTARY PUBLIC-MINNESOTA NOt�PUbI1C ' . : My Commission Expires Jan.31,2010 �� STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this �� day of �,,�, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota. murucipal corporation and said instru.ment was executed on behalf of the City. �---�� c�.(�5� • RACHEL DODGE Notary Public � - � NOTARY PUBLIC-MINNESOTA .�:: My Commission Expires Jan.31,2010 � ..�;�� - Page 4 of 5 � � . 4 � °� . • o �. � CITY of ORONO � - : � ti ti RESOLUTION OF THE CITY COUNCIL �� 4�G . No. � � 1 � . k'ESI;� STATE OF MINNESOTA . COUNTY OF HENNEPIN This instrument was acknowledged before me this ca�9 day of ,2005 by Marnix Guillaume,husband of Mary T. Guillaume. BARBARA G.SILUS ::�,.�,�;' hOTARY PUBLIC-P1!NNcSGiA yE`.;r'.';° My Commission Expi�s Jan.31,2G00 Notaxy Public STATE OF MINNESOTA • COUNTY OF HENNEPIN ' This instrument was acknowledged before me thisc�9 day of , 2005 by Mary T. Guillaume, wife of Marnix Guillaume. w BARBARA G.SILUS v��''�� •�""^'�:` (•dOT/4RY PUBUC-MINNESOTA Notary Public ��`�''�` hty Comm�sion Exp�nes Jan.31,2C08 :�: • � . . . Page 5 of 5 . � . ; _ � � ' ' t�vp�� Y�l� d U�'(� ��.� EXHIBIT � - — . 531 � � J��.. 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