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Home My WebLink AboutResolution 5050 �t CITY of ORONO h , ti RESOLUTION OF THE CITY COUNCIL G �`q$ESg0g� NO. 5 ® S7 44 T` iV A RESOLUTION GR.-VNTIN'G VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282 AND SECTION 78-1288 (B) FILE NO. 03-2940 WHEREAS, John Scot Haney and Elizabeth Ann Harvey, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1199 Elmwood Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lots 12 and 13, Skarp & Lindquists Fernhill Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (b) to allow reconstruction of an existing deteriorated deck located partially within the 0-75' lakeshore setback zone where no structure is normally allowed, and partially within the 75-250' lakeshore setback zone contributing to excessive hardcover where only 25% hardcover is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2940. 2. The property is located in the LR— 1B, One Family Lakeshore Residential District which requires a minimum lot area of 1 acre and where the actual lot area is 0.387 acres. 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the hardcover and lake setback variances based on the following findings: f�etro Legs services Inc. Page 1 of 5 Box 491 O O , O CITY of ORONO k 6 RESOLUTION OF THE CITY COUNCIL ESI LOg� NO. 5 O a. The existing property currently exceeds the allowable hardcover limits. Certain existing landscape areas lined with fabric or plastic can and should be made non-hardcover as a condition of variance approval. c. A deck currently exists partially within the 0-75' zone and partially within the 75-250' zone. This deck has deteriorated and needs to be replaced. d. The existing deck currently encroaches 3' into the required 75' lake setback. e. The replacement deck is proposed to be of the same size as the existing deck. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (b) to allow an existing deteriorated deck to be replaced, subject to the following conditions: Page 2of5 O O O ti CITY of ORONO �Gti RESOLUTION OF THE CITY COUNCIL `q$ESg0gNO. 5050 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. The new deck shall be of the same size as the existing deck and may be shifted to the north a few feet to accomplish a safer exit to the stair case. 3. Hardcover in the 0-75' zone shall not increase above the 4.56%. Hardcover in the 75-250' zone shall be limited to 3,558 s.f. or 38.2%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. 4. The applicants are advised that the existing shed along the northern property line is non-conforming in location as it should be setback 10' from all property lines and other structures, and any future replacement of that shed will be required to be in a conforming location. 5. 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. 6. 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 (September 22, 2004). 7. 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. 8. The undersigned applicants have read, understand and hereby agree to the terms 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. Page 3 of 5 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ESgOg NO. , �a Adopted by the Orono City Council on the 22°d day of September, 2003. ,:Lii S Vie ,Cid%Clerk Barbara A. Peterson, Mayor t Atie4 operty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this -22nd day of September, 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. RACHEL DODGE ,- Cx C /� <- C NOTARY PUBLIC-MINNE"OTA Notary Public '.y Commission Expires Jan.31,2005 : G STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this- day of 2003 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 ` k NOTARY PUBLIC-MINNE70TA }; �4CommissionExpiresJan.31,2oos Notary PUb11C 4' Page 4of5 O O CITY of ORONO RESOLUTION OF T E�CPIzY COUNCIL ZS14 NO. e� Qs F,� State of Minnesota ) ss. County of Hennepin ) This instrument was acknowledged before me this Aay of &rx- X2003 by John Scot Harvey, husband of Elisabeth Ann Harvey. OS BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA Notary PublicLj My Covni�Expires Jan.31.2008 State of Minnesota ) ss. County of Hennepin ) This instrument was acknowledged before me this ZZnay of Je 2003 by Eliubeth Ann Harvey, wife of John Scot Harney. h�C1� BARBARA G.SILUS otary Public NOTARY PUBLIC-MINNESOTA r My Commission Expires Jan.31,2W8 Page 5 of 5 E7HIBIT A 5050 lht dug fel.N OT mcrusc to S112't ah shown. Onl 40tGtr A. 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I hot rny cectfy that=t3 cettrflcata at survey vres prepared by me �V J S O SCHOBORG or under my direct suc rjrs= and that I am a duly Registered Land LA D SURVEYING Surveyor under med sof the at Minnesota, � . / 900K-PAGE INC 57 -- SCALE amCa ft 13 s>: 1f 3D , %e3-oT:322t Oemm MH 3L"J Date: ��G ��} Qp 3 Regtstlatl n N0. 14700 t l J OFFICE.OF THE REGISTRAR OF TITLES (6dt HENNEPIN COUNTY, MINNESOTA CERTEFEED PE.t.Fr) ON APR 7 2004 2 rv%- t�I=T, AR TITLES 3Y DEPUTY C.op� Ss