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Home My WebLink About03-2875 Recorded ResolutionCITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. --M4-9-.4~S- A RESOLUTION GRANTING AV ARIANCE TO'-MUNICIPAL ZONING CODE ., SECTION 10.22, SUBDIVISION 2; SECTION .. 10.56, SUBDIVISION 16 (C)(l); ,, SECTION I0.1,25, SUBDIVISION 6 (B); SECTION 10.22,'sl]BDIVISION 1 (B); AND SECTION 10.56, S~DIVISION 16 (C)(6) FILE NO~,.Q3-2875 \'\~ ... WHEREAS, Sandra Ann Benson (hcie~nafter "the applicant")is the owner of the property located at 1376 Baldur Park Road, within the Ci~y of Orono (hereinafter "the City") and legally described as follows: '"·.\ · Lot 20 and that part of Lot 21 lying northeasterly of a line.'rs1mning from a point in the northwesterly line thereof distant 23 feet southwesterly :frpm the most northerly meander comer thereof to a point in the southeasterly line of s'aid Lot distant 66.5 feet southwesterly from the most easterly meander comer thereof, Baldur Park, Hennepin County, Minnesota, (hereinafter "the property"); and "\VHEREAS, the applicant has applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(l); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision l(B); and Section 10.56, Subdivision 16 (C)(6) to reconstruct and expand the roof of an existing principal structure and replace windows and doors · on the second story, in the LR-1 C zoning district; and . "\VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a p1.1blic hearing on March 17, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO'\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2875. Page 1 of 5 ~,. r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. :4 9 4 $ 2. The property is located in the LR-1 C Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.27 acres. 3. The Orono Planning Commission reviewed this application on March 17, 2003 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The original structure has been located within this footprint since 1959; B. The property is unique in that it has lakeshore on the front and rear and almost all of the lot falls within the required 75' structure setback from the OHWL; C. The application does not propose to increase the footprint of the structure, change the existing setbacks or change the existing hardcover; and .D: Additional vegetative screening along the lake side of the residence will help to mitigate the visual impacts of the added height of the structure adjacent to the lake. 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; woul_d 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 . . 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 variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(l ); Section 10.25, Subdivision 6(B); Section 10.22, Subdivision l(B); and Section 10.56, Subdivision 16 (C)(6) Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 $ to reconstruct and expand the roof of an existing principal structure and replace windows and doors on the second story. Approval is subject to the following conditions: · 1. Council approval is based on the site plan and building construction plans submitted by the applicant as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: a) Due to substandard setback of the principal residence from the OHWL, the applicant must provide the following landscaping on the lakeside of the residence to mitigate the visual impact of the structure as it is viewed from the lake: 1. Two hardwood trees of the applicant's choice, located between the shoreline and the deck, at approximately the eastern comer of the existing deck and 20' from the property line oh the northwest comer of property; and 2. Replace the existing hedge, located in front of the deck stairway, with a more substantial hedge. b) If structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council will be required. 3 . Authorities granted by this variance-run with the property not with the appiicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (March 24, 2004). 4 . Violation of or non-compliance with any of the terms and conditions of this . variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 • ,r . !.1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 4 3 · Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of March, 2003. ATTEST: ~{2 CL-L-f,_t, __ j!__ Do o LtL ,I:;inda S. Vee;--City Clerk . ,, pe_pL,t,.--f~ Barbara A. Peterson, Mayor s~~~~~~ Property Owner (s) · STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of March, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - KRISTI B. ANDERSON NOTARY PUBLIC -MINNESOTA ~ \ My Cmranla!on Expires Jan.-~;~~~~)~ STATE OF MINNESOTA COUNTY OF HENNEPIN t):::d . The forego~ instrument was acknowledged before me on this Jij day of March, 2003 _ by ;1ttcla S. Veef Ci'fycfelrk of the City of Orono, a Minnesota ml.}nicipal co9roration and said instrument was executed on behalf of the City. d/' ~ //7 -~1/ / ~~~eeaea:e!'aal~~~~~-""7 / V ////J(L.e~-i 1:J_./ Vu----- DENISE M. LESKINEN -=C---''---{__.,;"-·_,_i_v ___ ____.:; _____ _ NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan. 31, 2005 Page 4 of 5 \ \•-·.I"" STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9) 4 3 tJ nd ,/'\ ~ c _ _ .--4, On this _l--_ day ofv_--1_,_-p_n ___ ,2003, ..._)cl~--c.-l ra k=l· n y1 s1~cG- ·i2 OY\ -l) f ~,) (:_~ I personally appeared before me, __ . who is personally known to me · _L whose identity I proved on the basis of __ i_"f\_N_D __ I-_-__________ _ __ whose identity I proved on the oath/affirmation of ___________ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. e&!£GCe:ec:·::ee ::e:e~ RACHEL DODGE t: Ji NOTARY PUBLIC· MINNE'.'OTA • \~{;i My Commission Expires Jan. 31, 200~ STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this_ day of ____ , 2003, . personally appeared before me, __ who is personally known to me __ whose identity I proved on the basis of ________________ _ whose identity I proved on the oath/affirmation of ___________ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. · Notary Public .. , Page 5 of 5 ) . ~ ~~- ~-:➔.- ~.$>.~ ~ '.:to()l'0a ~6-' -· I·~ ::) tJ 0 I l I