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Home My WebLink AboutResolution 5384 Doc No 4256910 05/09/2006 09:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 217215 Deputy 16 New cert Cert Fees 1176707 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total RESOLUTION NO. 5384 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350 (B)AND 78-1288 (B) FILE NO. 05-3150 t O O C ITY of ORON A4O ti ti RESOLUTION OF THE CITY COUNCIL SS0 NO. 5 3 8 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-350 (B)AND 78-1288 (B) FILE NO. 05-3150 WHEREAS, Kevin J. Grell, a single person (hereinafter "the applicant") is the owner of the property located at 1945 Fagerness Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 2, Block 1, FAGERNESS GREEN, including the accretions to said Lot 2 lying between the southerly line of UNDER THE LINDEN AVENUE as shown on the plat of FAGERNESS and the shoreline of Lake Minnetonka and between the southerly extensions of the Easterly and Westerly line of said Lot 2 to said shoreline according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicant has made application to the City of Orono for a rear yard setback variance and 75'-250' zone hardcover variance to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1288 (B) to allow construction of a 14' x 38' deck 13.6' from the rear property line where 30' is normally allowed and 13.6' currently exists and a hardcover variance to permit 26.3% hardcover within the 75'-250' zone where 25% is normally allowed, 311.7% currently exists, and 28.6% was previously approved by a 1997 variance resolution. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3150. 2. The property is located in the LR — 1 C Zoning District which requires a minimum lot area of '/2 acre and a minimum lot width of 100' at the shoreline and 75' setback. Page 1 of 5 O� O O CITY of ORONO AN ti ti RESOLUTION OF T�Effi COUNCIL SH0 NO. 3. The Planning Commission reviewed this application at a public hearing held on September 19, 2005 and recommended approval of the variances based on the following findings: a. The existing home maintains a 13.6' rear yard setback and the proposed deck would not be located any closer than the existing home. b. The deck will be accessed by an existing door that requires a landing and which already encroaches on the required 30' rear yard setback. c. The findings and conditions of variance resolution #3888 approved in 1997 remain in place and valid, which approved 28.6% hardcover within the 75'-250' zone. d. City records indicate the deck was permitted and conforming in June of 1981. e. A reduction of 396 s.f. of hardcover within the 75'-250' is proposed which reduces the hardcover beyond the 28.6% approved level in 1997. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances 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 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 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. Page 2 of 5 � O _Y ' O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SI'i0g�G NO. 5 3 8 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a rear yard setback variance and 75'-250' zone hardcover variance to Orono Municipal Zoning Code Sections 78-350 (B) and 78-1288 (B) to allow construction of a 14' x 38' deck 13.6' from the rear property line where 30' is normally allowed and 13.6' currently exists and a hardcover variance to permit 26.3% hardcover within the 75'-250' zone where 25% is normally allowed, 31.7% currently exists, and 28.6% was previously approved by a 1997 variance resolution, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site pian which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 4,534 s.f. or 26.3% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is 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. Applicant 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. The shed located in the northwest corner of the property must be removed prior to a footing inspection on the proposed deck. 5. Authorities granted by this resolution run with the property not with the applicant, 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 variances will expire on that date (September 26, 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. Page 3 of 5 . o 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI'iO4�G NO. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26th day of September, 2005. ATTEST: ZLin�dae, City Clerk Barbara A. Peterson, Mayor Property wn (s) STA OF MINNESOTA CO TY OF HENNEPIN The foregoing instrument was acknowledged before me on this a4 day of �ftcorporation 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota and said instrument was executed on behalf of the City. KRISTI B.ANDER Oil' ' NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31.20, Notary P blit STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this d y of 64- 1, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ` RACHEL DODGE NOTARY PUBLIC-MINNESOTA : My C6mmission Expires Jan.31,2010 Notary Public Page 4 of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL S0 NO. 53 R dd STATE OF MINNESOTA COUNTY OF HENNEPIN l� This instrument was acknowledged before me thisJ��day o f 1,-y C-G , 209� by Kevin J. Grell, a single person. =PUBLIC- �. I.'-' � Dc x-c Notary ublic OTA,2010 Page 5 of 5 .69 aJ ' 40 4 S 21°06'15" E 122.71 30.00 5+ OQ ...... 00 G � � 00 4,�� 441 I I 4Q 0 2.9 co I.I < (, 4 > o M N ' 4.1 co r` 111 a _ GO a ` 'r ' O ^1.7 M N 111 f. 0 �0 Q ui /� N Lo13: 11.7 14.2 8.1 f-1 .1 !► ° Y Q �, 7 Q LU x o OL z ►� �; o ni ^ L-) 11 yr8 .n• �� / Cie f og Q� ZZ 8.3Cl C�O M O� . -�kj• • fIV `l ..40.85. .......... 26.25- 7+ �`Q • '...... N 20043'23" W 107.61-•-' - a 4ou o W a� Cv 0 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed Deputy City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 26, 2005, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the City this Li s* day of l.}or 11 , 2006 kms,`_ x - Deputy City Clerk �tA 14 F fi rr