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Home My WebLink AboutResolution 5162 , • , •}f.�F.�_��•`(.]� 0� �.,._�� .� -�.. � � p � O - ;a� - , CITY of ORONO � ti :� �'� '�� H p'�' RESOLUTION OF THE CITY COUNCIL ;� L�kES�I�� NO. � 1� � � :X' ,::� .„ w `� :: A RESOLUTION GRA.N TNC�' VARTAN(-'F,C Tp Mi�YICIPAL ZONING CQDE SECTION 78-1288 SUBDIVISION B AND SECTION 78-1279 SUBDIVISION 6 FILE NO. 04-2999 � WHEREAS, George E. Mileusnic and Marily�l K. Mileusnic, husband �� and wife (hereinafter "the applicants") are the o�vners of the property located at 3243 �''� Casco Circ�e within the City of Orono (hereinafter the "City") and legally described as � follows: Lot 15, Spring Park, also all the land, including the vacated highway, lying between the front or easterly line of said lot and the shore of Lake Miru�etonka, and between the northerly and southerly lines of said Lot 1 S extended to said lalce shore, and being part of Goverrunent Lot 6, Section 20, Township 117, Range 23, and also indicated on the plat of said Spring Park, according to the recorded plat thereof, Heiuzepin County, Miiuiesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow reconstruction of an existing decic with the addition of a screen porch below, in front of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the 75'-250' zone in excess of 25% in order to rebuild an existing deck. NOW, THEREFORE BE IT RESOLVED by the City Cotmcil of Orono, Miiulesota: FINDINGS 1. This application was reviewed as Zoning File #04-2999. ��,� k �. 1 �'ti4�a3�t'4,r"�vo°J �{��v. Ff -a f,` � Page 1 of 5 � � � � o� 0 0 � �� CITY of ORONO ,� ;� � � ti �� Gti RESOLUTION OF THE CITY COUNCIL `�k'ESI��g' NO. S � � � 2. The property is located in the LR-1C Single Family Lakeshore Residential District, which requires a minimum lot area of 21,780 s.f. (0.5 acre). 3. The Planning Commission reviewed this application at a public hearing held on April 19, 2004 and recommended approval of variances based on the following findings: a. Due to the topography of the lots the lake views enjoyed by neighboring property owners will be unaffected by the deck and screen porch. b. Due to the topography, views from the lake of the deck and screen porch will be minimal. c. The proposal will not have a negative impact on light, air or open space in the neighborhood. d. A hardcover variance in the 75'-250' zone is supported by the following hardship: i. The existing deck is rotted and needs to be replaced for safety purposes. ii. Hardcover is proposed to be reduced on the property from the current level in the 75'-250' zone of 31.05% to 30%. There is no additional hardcover that can be reasonably removed. 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. Page 2 of 5 � .�0,�. O 4 � C ITY of ORONO ,� ;. � ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�4�G NO. � � �� .`� 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 78-1279 Subdivision 6 and 78-1288 Subdivision B to allow the reconstruction of an existing deck with screen porch beneath in front of the average lakeshore setback and to allow the hardcover level within the 75'-250' setback up to 30% 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 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 4.86%. Hardcover in the 75-250' zone shall be limited to 3,403.5 s.f. or 30% 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. 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 (Apri126, 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. Page 3 of 5 � � o� 0 0 '�� - CITY of ORONU �a� � -� -� � �',� �� G�' RESOLUTION OF THE CITY COUNCIL ��kESI3�4� NO. a� � � =� 7. The undersig�led applicants have read, understood and hereby a�ee to the tern7s 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 tl�e 26`�' day of April, 2004. ,.� ,,r��',�T�,�� , , . ,,, �« . „�1�� E•, y : �. . � ...:� • :wF. .y �.i++c� :�,�, s >, m+.�,a.r��,w.::. E r ,h'-�i ,��y. y.��:fa.+,��y, �Csi�i"a"� . � .. a�+�b;�.a f?�`��y'�� x a�1,�,,,, a _�'� 1y<��w. � r� f _ ...._. ,,�s.. �'� ' �.� �..�..<>,,�: ti:_ `�t,t.f.-��.Ir �_ ['` � /i.+�-�"li..� �.1., �v ti 1� f 4 5�8 'tr ;. ^ �,�$.��8��r ' t�cT � ya�, �ty Clerlc Barbara A. Peterson, Mayor M �- � ` �,.s ��• +i .'�s'S° .4 ,-.'. ✓ .:b'a,.- a^ "��«�a .�leoNt:. ''" �,�.p,�,��r�'�f�,. � w.m �YC �>t .r':. r� � ... � �./�. .} .�.��•,.' � t�A�� a�ti,�+��a;: f � , ++P��k �s- '� u x � zt3• �,..� r .� � �.� �� <-' ��Z '``--�--cd ro erty n r ) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instniment was acicnowledged before me on this 26"' day of April, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Mirulesota municipal corporation and said instniment was executed on behalf of the City. `� � -�: + �� - .�,�t� � (� '`>� "� �"�`� t ;+.0 �� _ .� .�G�.�.��:� � s s�, �-� �p �-*�� ' ..�I6��,� -.. . . Notary Public ; '�1;. �4�i�i.c�.;b, �. - . 6�� ..:v:_.. .. Page 4 of 5 � O,�. O � �� CITY of ORONO �, - � � �,� `�J'y G'�' RESOLUTION OF THE CITY COUNCIL L9kESH.04� NO. e� �. � � STATE OF MINNESOTA COUNTY OF HEi�tNEPIN . J ,/.-'ti�.. ' The foregoing instnunent was acknowledged before me on this :` day of �'` ��' � � , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Miiulesota inunicipal corporation and said instniment was executed on behalf of the City. � _w.. ; �,� RACFiEL D07G� �� C-� L l�%-�'�� l�'(:k.%��-- ,,��.-- �.. �- � � . �1 � NOTARY PUBUC-A?�; `,� ( � idycanmissionExpiresJar.:;' ,'�-, Notary PUblic � }�i `._ ,:;.Jc.3.=...�.�.��.�r....�-c,:..._...._ STATE OF MINNESOTA COUNTY OF HENNEPIN , -f €� . This instntment was acicnowled;ed before me this �_'�� day of � ��" � � , 2004 by George E. Mileusnic, husband of Marilyn K. Mileusnic. ,.-,.->..,,,�,. -�<:�� . ' RACHEL DOCG� NOTARY PUBUC kt'�"'�r �Tq `� C ,,.,; ` � � t�y,r,rmmi�ian Exp res J� <. r•. �.,. < , �,-.( , �, `,� � � � Notary Public STATE OF MINNESOTA COUNTY OF HENNEPN This instrument was aclazowledged before me this 27�day of r[.L , 2004 by Marilyn K. Mileusnic, wife of George E. Mileusnic. • ��-�-�'-� BARBARA G.SILUS �G�� = NOTP,RY PUBLIC-MINNESOTA - �°' �,sy�o�unission Expires Jan.31,2ooe Notary Publi Page 5 of 5 �3+ ��f . EXH.iBI.,s � . � °►�s . ' . � � � �� . g5° �' ��\ ��- � � � . aa 5 .�: 9Sr'6. � "� � ��.� . . � t \ ti . . 9 s8 - ��It� \ z � Q b ,6 LW t5,3pring PuY,aLtn all the laud,includiug thc vau�ed highway,tying behvuo We Gont or easterly line ofeaid lat and tha / ilwre of I.ake Mimewalw,ond bchveen Ihe noctheriy wd aoulhuly lina of said Lot I S extended to said lalre shore,wd 6eing � ��<� � ' 4 pwt o(Qavan�ot Lot 6,3eclfon 20,Towa+hip 117.Range 23.and al�o udiuled oo the piat of aeid Spring Paric,aecording ta ,:��o� 9� y 3 , � 93Z Ihe raorded plat Ihecw�8ennepin Couuty,Minnesou 'l�o��b \ p 93 6 .._ ��' Oc� ' � y�0 \ 4'� /-� -`�.�'`��+ ,,a �� s� ;aa . ' .•; r 9�z . . � F � � . '��BA � s � k\ qS' ' y5'sZ• • �UO � ! j� tY , . � � i A',� � v� �7 �qs� � ..'6�i� -tti b �.�ti i' � r b � � � � f'��u \o ,/J/� �lS\ y5 �� .I �f� S� i � . ' �l ; SC"'K ' /. � . o�, �: `�;� �ya �.�g �3L,}�. ��: 2� S; a'� � . � �,;r� ,:,f�4CX/ ` , .2w 2� %� l a 9+�/�,�,�, � �L'Ef/�fEi� �EI�T/0�100� � -fr0 ePr B 2ooa � o �� ./ 8M- ,i. ` Z� o �=WOO�STA1cE PU10E0 J =iRON MON.SET �_�RCN MC�,iNPUC� ?ROPOSEO INFdRMAT10N =aAW1Gc FLOOR EL=•/. � �S� �ED OATUl1A 15T FL�OR ELEV. -CP 9LOC}(ELF/. � 2Gd=R.�7?��w,�•9we[C eas�w�rttei. =_3r � E—=ORAINAGE �-0=EXIST.�'1..N. tG00.01=PROPOSm ElE4. ]040 �OUST S PROP.°I£/. � I h!flOY CefII(y IRa[1}Ili O�RCt�1 O}7U�VOY N�f�!!d h J m� 'OB 7t ' • S�QBQ/�a or undr rtry dlroet ��on and I a dWy R�atwa0 Lana ��$�+ LA D G surv.yor una � sooK-an�� INC 58- 2Z: scue • \ eoo�ca.r�e.nsF ' /".�Zp ' ;ssan�azt a.r�nr.w as� o.� fEi�1� � ,7a�3 a.q�av.uonr�o.u�oa V1 � � � . _ -y� �a�j��'`��j� . - � � /� I Z'7�Z..-- OFFICE OOF T1 T R�ISTRAR��C �; HENNEPIN C0111DTY>MaNNESOTA r; CERTIFIED FILED OIU �� ;� MAY 1 0 2004 , �.^ ... �� /,o� :� � E STRAR TITL�¢S BY EPUTY ��o ��Q