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Home My WebLink AboutResolution 5206 � � . � 1� O� I � O O • �� S � CITY of ORONO � � �'� G'y' RESOLUTION OF THE CITY COUNCIL ��kESI3�4� NO. �i � Q1 (� � A RESOLUTION GRA.NTTNG VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISION 1 AND 78-1288 SUBDIVISION A . FILE NO. 04-3030 WHEREAS, Martha Alice Leigh Spencer, a siiigle person (hereinafter "the applicants") is the owner of the property located at 1005 Willow Drive South within the City of Orono (hereinafter the"City") and legally described as follows: Attached as Exhibit A, (hereinafter the "property"); and � WHEREAS,the applicant has made application to the City of Orono for a • variance to Orono Mtuiicipal Zoning ,Code Section 78-1279 Subdivision 1 to allow construction of lakeside decks 45' from the OHWL where a 150' setback is normally required and the existing house is set back 50' from the OHWL; and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A in order to allow a 0-75' zone hardcover level of 8% where 0% is normally allowed and 9.2% currently exists in order to construct lakeside decks over existing patios within 75' of the OHWL. NOW, THEREF.ORE BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File#04-3030. 2. The property is located in the RR-1B, Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. The applicant's property is 2.2 acres in area with approximately 260' of width measured at the shoreline. • Page 1 of 5 � � °� 0 0 • �� CITY of ORONO � F � RESOLUTION OF THE CITY COUNCiL ��l ��'~ `�kESB�g' NO. �ii � � � � . 3. The Plaruzing Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the variances based on the following findings: a. French Lake is a Natural Environrnent lake which requires a 150' setback from the OHWL. b. The e:cisting home is located approximately 50' froin the OHWL, entirely within the required 150' setback. c. Prior to the adoption of the Shoreland Ordinance in 1992 establishing a 150' setback from Natural Environment lakes, the home was subject to only a 26' wetland setback, at which time all structures were in a conforming location. • d. The applicant has proposed to a net reduction of 1.2% hardcover� within the 0-75' zone. � 4. The City Council has considered this application including tlze findings -and reconunendatioil of the Planning Commission, reports by City staff, comments by the applicant 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 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. CONCLUSIONS, ORDER AND CONDITIONS ' � Based upon one or more of the above findings, the Orono City Council hereby e ants variances to Orono Municipal Zoning Code Sections 78-1279 Subdivision l, and • 78-1288 Subdivision A to allow hardcover within the 0-75' setback zone of 8% where 9.2% currently exists and a lake setback variance to allow decks to be set back 45' from Page2of5 : � °� r O � • - � C ITY of ORONO � ,, ; � ti ti RESOLUTION OF THE CITY COUNCIL �L`9 4�'G � NO. • kES�I� • IPA the OHWL of French Lake where 150' is normally required, 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 B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Conunission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 8% or 1,604 s.f. . . Hardcover in the 75'-250' zone shall be limited.to 4,260 s.f. or 18.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. 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. Required removals of structure and hardcover shall be cornpleted by the footing inspection for the proposed decks. • 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 variance will expire on that date (July 26, 2005). 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 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. � • � Page 3 of 5 � ' � �1V' . O o • '� s CITY of ORONO a °� : - � ti RESOLUTION OF THE CITY COUNCIL . ti ��`9 4��G NO. � kEsi;� Adopted by the Orono City Council on the 26t�' day of July, 2004." � � ATTEST: � �U " � in:da S. Vee, City Glerk Barbara A. Peterson, Mayor !�li�C.1i;-.,� ��'L�-e-c- r� ,e-t-,f'L� mS�iul�t� Pr perty Owner(s) U • . STATE OF MINNESOTA COUNTY OF HENNEPIN - The foregoing instruinent was acknowledged before me on this 26�h day of July, . 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. � ° � �� •�� Not Public � NOTARY Pi�l�'C-MINNfSOTA `:�`' b'�Coaxn�s?on Expires Jan.31,2pp7 {, . .� � ' Page 4 of 5 �- � °� 0 0 • �� 3 � CITY of ORONO � � --, . . ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESI3�g'�� NO. . STATE OF MINNESOTA GOUNTY OF HENNEPIN � Th�e foregoing instrument was acknowledged before me on this � day of , _��tiw ; 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota miuii; _�1�,�� a��?��sai�-��i=�� trument was executed on behalf of the City. >�>' �..,.,. _�` . �, RACHEL DODGE ; �:� ;; �}'' NOTARYPUBLIC-MINN�SOTA I� �� r,� ,;. �y�y�pmmisgion Expires Jan.31.2G05 b� � � ' t� � , '�' Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN • This instruinent was acknowledged before ine this�day of- !.i , 2004 by Martha Alice Leigh Spencer, a single person. BARBARA G.SILUS . g -=.,:, fdOTARY RUBLIC-MINNESOTA �„�''' My Commissian Expires J�n.31,2008 otary Public .,�,< • � Page 5 of 5 ^• : . , , • • ' , ` r� � � � • EXHIBIT "A" LEGAL DESCRiPTION SITUATED IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA: THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF GOVER2IMEENT LOT 6 IN SECTIOII 10, TOWN3HIP 117 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COI�iENCING AT A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER OF NORTHWES2' QUARTER DISTANT 395 FEET 10 INCHES NORTH OF THE SOUTHWEST COR23ER THEREOF; THENCE SOUTH 35 DEGREES 45 MINUTES EAST 432 FEET TO THE ACTUAI, POINT OF BEGINNING OF THE TRACT TO HE DESCRIBED; THENCE CONTINUING SOUTH 35 DEGREES 45 MINl3'rES EAST 250 FEET; THENCE DEFLECTING TO THE RIGHT 89 DEGREES 03 MINUTE3 TO THE WEST LINE OF SAID GOVERDIl�iENT LOT 6; THENCE NORTH AI,ONG THE WEST LINE OF SAID GOVER2�NT LOT 6 TO ITS INTERSECTION WITH A LINE DRAWN FROM THE POINT QF BEGINNING WITH A DEFZECTION ANGLE OF 89 DEGREES 03 MINUTES; THENCE NORTHEASTERLY A,LONG 3AID LINE TO THE POIN'r OF BEGINNING, ACCORDING TO THE UNITED STATES GOVERI�NT SURVEY THEREOF AND SITUATE IN I�NNEPIN COUNTY, MINNE30TA. • 10-117-23-24-0012 1005 S WILLAW DR; WAYZATA, I� 55391-9385 20040821755520 13656718 \ The use ot this Legat Dascription is limited by the tertns and condiUons of the FACT TNe Report,the FACT Service Lovel Agreement,end the FACT Mastar Loun Policy. • �,��1' __�.�� 1=� � � . o � � �� — �'P�.�/� \`� 1 P 0/ ��07�� C�Yp� � .� ,� `�'1 ?'9" ''e�� O� �j\ F . !o�s . . . � � � � � ,�` ,f: . � `�k � � � � � , \ ::' � y � � � /� ,�- o� � �. � ��d � N � M� S k ,� � \ � �'� � 4a ti � � \ G:j �: C� � � � � r � \ .;•, �o . � � k•; �, .3" q � pt+.;;�• _}_ _ F_ h ...Y . �� A� /�` �� '�`r �� .+�?' � ° ��r-•::' � ` �°` � � ��. . �T�.:g�� n z..•:._, w `. i7.oe �.�. :. -��r,;..... . . �o +c•a; . aol� } /� 7�+'1�'^� " � . �'` �h �.: • • -----------�t�, s�rs•ri,yb ' __-�; �€ . i��ty?ri.: �40 '-----'- y� a � / c,c+�•:.•: � � 'h. ° _ �,�.y�\� • a �'uoe `v4� / , - � `�+W / t��o . /oyc1�J � --- '� PO / � . .- _.F_- '� •�e•x ur o.�' 4� �N b�.. sX�ap Pasodold ��'b c,° O� �_ /� •�i'd5 i5 '7�'Iti L:,7 I / SJ��Iti �uclS—� 'In�'�_'J"• `�` _ D S 'r I� cn / F'9! �'Z6 � !'Zl ��`•�t•�.' v / ��.p5 Z7l nOB j�! 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