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Home My WebLink AboutResolution 5053 O - CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL cz L`q$ Ogg NO. 15 �`' Cr" ESYi X A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282 AND SECTION 78-1288 (b) FILE NO. 03-2944 WHEREAS, Jonathan A. Menth and Carol Jean Menth, husband and wife, and Esther E. Menth, life estate holder (hereinafter "the applicants") are the owners of the property located at 2930 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract N, Registered Land Survey No. 0461, 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 a deteriorated deck constituting excess hardcover in the 75- 250' lakeshore setback zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2944. 2. The property is located in the LR— 1 C, One Family Lakeshore Residential District, which requires a minimum lot area of 0.5 acres where the subject property is 0.348 acres. 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the hardcover variance based on the following findings: a. The deck has existed for a minimum of 20 years on a lot which is non- conforming to the City's hardcover requirements. Inc. Page 1 of 5 O O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9$ESgOg' NO. 5053 b. Hardcover in the 0-75' zone is 0%, meeting Zoning Ordinance standards. c. Hardcover in the 75-250' zone is 48.5% where only 25% is allowed. The property contains a patio which can be reduced in size to partially alleviate the existing hardcover excesses. d. The applicants have recently removed approximately 500 s.f. of non- conforming boathouse hardcover in the 0-75' zone. 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 ATN-D CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-282 and Section 10-1288 (b) to allow reconstruction of a deteriorated second story deck, 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 0% level. Hardcover in the 75-250' zone shall be limited to 3,838 s.f. or 46.4%per the proposed plan and Page 2 of 5 O O O ti CITY of ORONO �� G~ RESOLUTION OF THE CITY COUNCIL L�kESVL43 NO. 50 53 hardcover allowance summary as depicted on Exhibit A, except that removal of the patio shall not be required if the applicants confirm to the satisfaction of the Building Official that removal of any existing patio perimeter foundation will compromise the stability and integrity of the remaining patio. The 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 reductions in existing hardcover. 3. The applicants shall remove all plastic or fabric liner material from any decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover shall be completed by 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 (September 22, 2004). 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 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. Adopted by the Orono City Council on the 22nd day of September, 2003. Page 3 of 5 O O � O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5053 k. Orty Clerk Barbara A. Peterson, Mayor i' Property Owner(s) Life Estate Holder STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ` , 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 ( NOTARY PUBLIC-KI .RI"'OTA Conim's!on Expires JE.n.41,2M f Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this `Ci day of p Cc.rYl UA , 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 Notary Public PIOTARY PUBUC-MiNNE"'OTA h1y Cw nis W Expires lsr►.31.2065 4 W Page 4 of 5 O O O CITY of ORONO Q RESOLUTION OF THE CITY COUNCIL S0 NO. 5053 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this,' �� day of '' 003 by Jonathan A. Menth, husband of Esther E. Menth. RACHEL DODGE NOTARY PUBLIC-MINNE OTA : ? My commission Expires Jan.31,2005 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this Z-3,64lay of , 2003 by Carol Jean Menth,wife of Jonathan A. Menth. MATTHEW D.BCHMIDT , Notary Public Minnesota MY Cann on E as 91 2006 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this day of 2003 by Esther E. Menth, life estate holder. r _ ------ 44 JON A. MENTH o ublic *-NOTARY PUBUC-MINNESOTA g*n E*114 Jea81,2006 �!'�ViA�ti•.W . .r�MNNN• Page 5 of 5 EXHIBIT A CE'R=C,4FT OF S(/RFET— PRF,PAW JMfZ' 1Llr. ion A Tenth ,-SIZZPs J�V e [q`lj s.a reS-1/.2 f I,eBe! l�escriptioo 'Q� ��, � '�• N. `yb \ g Fr;cl N, ReBislered Land Survey No. fl p� c 9t6.1 0 60 947.0x e PAl q . x937.7 k ti / \ a `0 O R) dry• / q � `\ • � t, X10 R) J RE Bviy _ �' x931.9 ,(� a, e C Wft L0C 0 Denotes /011.70 iron monument rSI D� y _ED \ F� i J 0 De.7oles set iron monument ' 6' e �a Y std � N O� T xtNX10 voles eta LbsliJlB %c � I 1 '9}19 I bereby oerUfj that this survey plan or report was prepared by me Fhe No. DEMiRS—GAERL or under m) direct ■uper►Islon and that ! am a duly Registered Land llN1B (B) LAM .SMWORsr DVL. Surryor under the laws of the State of Minnesota. �f As surreyed by me this Atb da of June, 2003. Book—page �I 3030 Barber Line No. romeutb, m 110-23 ssdds dla-e 9' phone..(763) 660-00" 5 L Far .(763)559-0"9S.le 919 II David L Crook Minn. Reg. No. 22/14 Iu'Q Q1I M � J s� i J OFFQE OF THE REGISTRAR OF TITLES 1 L c HENNEPIW COUNTY, MINNESOTA CERTIFIED P'l, Pn ON APR 7 2004 RW 6TflA�TITLES 3Y DEPUTY - CA r"1 SS ,,.