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Home My WebLink AboutResolution 5368 • '1 , Doc No 86�2983 09/14l2005 09:42 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 7 TranslD 138563 Fees $35.50 DOC $10.5Q SUR $2.00 COPY $48.00 Total . � °� o � o -��s-:- , CITY of ORONO a �-� ,�.: �► �',� �'� G�' RESOLUTION OF THE CITY COUNCIL ��kESI3.04� NO. � � �?+ `. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288(B) FILE NO. OS-3130 WHEREAS, Stephen J. Slcoro and Jean K. Skoro, husband and wife (hereinafter "the applicants") are the owners of the property located at 2428 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 24, the North Half of Lot 23, and the South Half of Lot 25, Block 2, Navarre, Hennepin County, Minnesota(hereinafter the "property"); and WHEREAS, the applicants have inade application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 (B) for a 250' — 500' zone hardcover variance to allow 38.9% hardcover where 30% is nonnally allowed and 40.2% currently exists in order to constnict a 242 s.f. screen porch. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � v..�..:.. ! , .. � ` ,.,. .° , - . i'f... ...i , � � ..,_ FINDINGS 1. This application was reviewed as Zoning File OS-3130. 2. The property is located iil the LR-1C, One Family Lakeshore Zoiling District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Conunission reviewed this application at a public hearing held on July 18, 2005 and on a vote of 5 — 2 recommended approval of a hardcover variance based on the following findings: a. The applicants' property has 14,000 s.f. or 0.32 acre in area and 100' of width. Pa�e 1 of 5 . � �� Q O � �� CITY of ORONO � :;� � ti ti RESOIUTION OF THE CITY COUNCIL ��`�kES�I�g'�G NO. -� s � � b. No additional land is available for acquisition by the applicants to make the property conforming in area. c. The applicants are proposing to add a covered entry porch within the allowed setbacks. d. Due to the hardcover levels on the applicants' property any hardcover changes require variances. e. The applicants are proposing to remove portions of driveway hardcover in conjunction with hardcover variance approvals. Additional hardcover removals that bring the 75' — 250' hardcover below 38.9% would reduce the functionality of the existing driveway system. 4. The City Council has considered this application including 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 variance on the health, safety and welfare 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 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 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 a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 38.9% hardcover where 30% is normally allowed in order to construct a 242 s.f. screen porch, subject to the following conditions: 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 Page 2 of 5 . � o.� � � o 0 . � CITY of ORONO a �- � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kE38��G NO. � S C °'� 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 250' — 500' zone shall not increase above the level of 5,435 s.f. or 38.9%. Hardcover in the 500' — 1000' zone shall be limited to 12 s.f. or 35% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are 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. 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. 4. Required removals of structure and hardcover shall be completed by the footing inspection for the screen porch. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive 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 variance will expire on that date (August 8, 2006). 6. 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. 7. 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 agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 8`�' day of August, 2005. Page 3 of 5 ' � �, - • � O� , ' O � O . - CITY of ORONO ,� , � ti ti RESOLUTION OF THE CITY COUNCIL ��kE3I'iOg'�G NO. � e� � t� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of �i r , 2005 by Stephen J. Skoro, husband of Jean K. Skoro. � �. �:��,:.-:•, • ,r DENISE M. LESKINEf� � � NOTARY PUBLIC-MINNESOIA � Notary Public :;;,;.� My Commission Expires Jan.31,20�0 ` ..��=?}; STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /9 day of v � , 2005 by Jean K. Skoro, wife of Stephen J. Skoro. ., � ��'�� Notary Public DENISE M.LESKINEN NO"fARY PUBLIC-MINNESOTA :�� My Commission Expires Jan.31,2010 Page 5 of 5 � �� O � 0 . - ��_:- C ITY of ORONO ,� � ry ;�:: � �'� G'�' RESOLUTION OF THE CITY COUNCIL L`�kES�I��'� NO. e� a� � � , ,,,r ;�. 7 �� 1�..,1�"4 {f�,F� , ` �µ�� . ��•; t /�� t Y c �f��v ' j�"s. 3�N;t - �, K .�r:''�3 t�,*. rr. �.kY�S : 1`m $ '�i�Y �f��`' � . �. � � � f � �'>6 r�` t Y �4, � 1 �� '' � .1' t�•}�Vj�r �1'�� '� Lida��`��V�e��City Clerk Barbara A. Peterson, Ma��or z�;-., ,_ r ^��,; • � � - . r .'R '�, t a = J . � 'h��'��Fr r� �.'r� p x { � .+` �� t��;f� {� +� � r+ f.� t,J I . °` f'�f k:� � ,_ 7�y� T �,�� j` J�,' � ! . �,� �,. � � Property Owner(s) � �� ,) STATE OF MINNESOTA COUNTY OF HENNEPIN ,: �.. The foregoing instrument was acknowledged before me on this .!�� day of �f , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Miruzesota munieipal corporation and said instrument was executed on behalf of the City. --� ' � � "J ,< 1 i� �`°..."/'�� j Notary Public ' d' �. JAC�UELYN M.YOUNG ,� „ �; ' Nctaiy?��hlic-Minnesot,a .,.::;d My C,ornrniaebn cxplres Jan 31,2010 STATE OF ivlIivivESGT� COLINTY OF HENNEPIN �: , The foregoin� instrument ti��as acknowledged before me on this �� day of }' .c` :;.:s� , 2005 by Linda S. Vee, City Clerlc of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� . �� ., ,. �--�—c i._1 �.,�( 4--- � ,� RACHEL DODGE � ��'; NOTARY PUBLIC-MINNESOTA �IOtai'y' FUbI1C PAy Commission Expires Jan.31,2010 ��:��,��',z��'c Page 4 of 5 ! 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