HomeMy WebLinkAboutResolution 5020 ` #
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��� �G~' . RESOLUTION OF THE CITY COUNCIL
`9kESI�Og' � NO. e� O `� O .
A RESOLUTION DENYING
VARIANCES PER MUNICIPAL ZONING CODE
, SECTION 10.22, SUBDIVISION 2,
SECTION 10.56, SUBDIVISION 16(L), AND .
� SECTION 10.03, SUBDIVISION 14(C)
� FILE#03-2895 .
WHEREAS,the City of Orono is a municipal corporation organized and existing
� under the laws of the State of Minnesota; and �
. WHEREAS,pursuant to State Statutes 412 et. seq. and 462 et. seq.,the City
Council of the City of Orono has adopted zoning regulation for the protection of the �
public health, safety and general welfare; and . �
tiVHEREAS, Gary Germundsen(hereinafter"the applicant") is the owner of the �
• . property located at 4101 Highwood Road within the City of Orono (hereinafter"the
City") and legally described as follows: '
Lot 15, Highwood Lake Minnetonka, Hennepin County, Minnesota
(hereinafter"the property"); and
WHEREAS,the applicant has applied to the City of Orono for variances to
permit construction of a second story lakeside deck, requestin�the follow°ing approvals:
1. ••Section 10.22, Subdivision 2 and Section 10.56, Subdivision(16)(L): To
allow 2,483 s.f. (50.5%) hardcover in the 75 —250' zone where 25% is
normally allowed.
� 2. Section 10.03, Subdivision 14 (C): To allow structural coverage to.. �
increase from 1,528 s.f. (17.9%) to 1,708 s.f(20%) �vhen 1,500 s.f. is
normally allowed.
`VHEREAS,the City Council has reviewed the application; the recommendation
of the City staff and Planning Commission; and the comments and written statements
submitted by the applicant. , �
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��� �G~' � RESOLUTION O.�F THE CITY COUNCIL
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NOW, THEREFORE,BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested vaziances as described above based on one or
more of the following findings of fact concerning this property:
1. The property consists of.20 acres, or 8,550 s.f. in land area.
2. Renewal variances were granted in 2001 (Resolution Number 4645) on
this property to permit construction of the existing home. This resolution
placed hardcover limits on the property which stated"Any hardcover in
addition to that noted will require variance approval by the City, and is not� -
�� likely to be approved in the future unless concurrent removals of pre-�
� existing hardcover result in no hardcover increase above the 40% ,
allowance." ' �
3. The house was built in 2001 with a sliding glass door off the lake side of
. � � the home. The Building Code does allow for a sliding glass door in place
of a window but it must be.obstructed with eiiher a railing or board. The
sliding glass door does not constitute the applicants' right to construct a
lakeside deck.
4. • It is the intent of the Comprehensive Plan and Zoning Code to protect the
water quality of Lake Minnetonka by limiting the amount of hardcover
and structural coverage a lot contains. No hardship exists on this lot that
would constitute variance approval for additional hardcover or structural
coverage. �
5. The grantin�of the requested variances would be contrary to the
provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A)
- �vith which the applicant must first comply in order that variance be �
granted. The Council finds that: .
a. The property in question can be put to a reasonable use if used under
the conditions allowed by the official controls if the proposed
variances were denied.
b. The pliaht of the landowner is not due to circumstances unique to his � �
. property but rather circumstances created by the landowner. .
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� �� CITY of ORONO
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� : ��� �G~' � �RESOLUTION OF THE CITY COUNCIL
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c. Granting of the proposed variances would appear to serve as a
convenience to the applicants and the applicants have not
demonstrated a reasonable hardship or practical difficulty acceptable
to the City Council.
d. The conditions of the Zoning Code limits imposed and existing on this
property generally apply to all other land and structures in the zoning
district in which this property�is located as well as in adjacent
residential zoning districts.
. 6. The City Council has considered this application including the findings
. and recommendations of the Planning Commission, reports by City staff,
, comments by the applicant and the effect of the proposed variance on the
- � health, safety and welfaxe of the community. �
• Adopted by the City Council of the City of Orono on this 11�' day of Auaust, .
2003.
ATTEST:
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�c�.� �/�e— �
Linda S. Vee, City Clerk Barbara Peterson, Mayor
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S CITY of ORONO
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RESOLUTION .OF THE CITY COUNCIL
� �L`�kEsKO�'�G . No. � � 0 � p
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11`h day of
August, 2003,by Barbara Peterson&Linda S. Vee, Mayor& City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City. .
. ,r�ll���—.t.�n.�Q n�wN n�w�-h�.
Notary Public
ALISSA A.WiNTERNHEIMER
. Nm'ARY PtJBUC-MlNNESOTA
My Commission Expires Jan.31,2006•.
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