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Home My WebLink About#1665 Recorded Resolution 30085825853 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No 3008 . -----TRANSFER ENTSRID DEPT. Of f'ROPERTY TAX & PUBLIC RECORDS A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND 2, SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.03, SUBDIVISION 14 (C) FILE 11665 SEP 17 1991 WHEREAS, Thomas L. McCarthy (hereinafter "the applicant") is the owner of the property located at 1424 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as Lot 9, Block 1, BALDOR PARK, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 that would permit the reconstruction of an existing deck at 29' 4 11 x 10' located within the 0-75' lakeshore protected area located 60' from the shoreline and at a total area of 205.8 s.f. where no structure classified as hardcover is allowed. The applicant proposes a 22' x 24' detached garage requiring side and street setback variances per Section 10.25, Subdivision 6 (B) and hardcover variances within tbe 75-250' setback area per Section 10.221 Subdivision 2. Applicant also seeks approval of a lot coverage variance for the proposed improvements that would result in a 2% increase in allowed structural coverage. Existing structural coverage equals 1,469.95 s.f. or 16.5%, proposed equals 1,653.95 s.f. or 18.5%. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1665. 2. The property is located in the LR-lC, Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. Th~ property consists of 8,894 s.f. or .204 acres. 3. There exists 316.15 s.f. or 8.39 % of hardcover within the 0-75' lakeshore protected area. Applicant proposes replacement of a deck consisting of 205.8 s.f. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3008 4. A single stall detached garage exists on the property located 1 1/2' from the east side line and 3' from the street lot line. Applicant proposes a new detached garage to be located 4' from the west side lot line and 3' from the street lot line. 5. Applicant proposes the removal of existing hardcover resulting in a net reduction of 573.4 s.f. or 11.2% hardcover. 6. The Orono Planning Commission reviewed this application on July 15 and August 19, 1991 and recommended approval of the amended variance application based upon the fol lowing findings: A) Total structural hardcover for residence and garage is allowed at 1,500 s.f. Applicant proposes 1,499.95 s.f. B) Proposed improvements will result in a net reduction of 573.4 s.f. or 11.2% in hardcover. Existing hardcover is at 2,408 s.f. or 47%. Hardcover is proposed at 1,834.5 s.f. or 35.7%. 7. 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 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. 8. The City Council has considered this application .. inc 1 uding the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the after-the-fact variance on the health, safety and welfare of the community. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 3_0_0_8 ___ _ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), Section 10.22, Subdivisions 1 and 2 and Section 10.25, Subdivision 6 (B) to permit the replacement of an existing deck within the lakeshore protected area and the construction of a 24' x 22' detached garage within the street yard, subject to the following conditions: 1. All final improvements of this property are shown on Page 6 of this resolution. Applicant will be in violation of this approval resolution if all existing hardcover scheduled for removal has not been completed upon final inspection of the building official for new construction. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 26, 1992). 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 .. . , CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 300 8 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of August, 199 • ,, STATE OF 'MINNESOTA ) ) ss. COU NTY OF HENNEPIN ) * Edward J. Callahan, Jr. Acting Mayo r The foregoing instrument was acknowledged before me on th i s 26th day of August, 1991, by ~~,~~tfa/~)/?¢1,~PP;ti & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota mu ni ci pal corporation and said instrument was executed on behalf o f the City. LINDA S . VEE NOTARY PUBLIC • MINN ESOTA HEN NEPIN CO UNTY M y corrnnlssl::>'1 exp ires 8-12-96 Page 4 of 6 .... ., ... \ . ~ . ' . I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 300 8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) d2.. ~ :tl1. Ac.t!l us+ ~·-,. , 1 9 9 / before me and 'for said 'county, persona_._l_l_y On this appeared o e., o wher known to me to be the person(s) de ri ed in and who executed t e f oregoing instrument, and acknowledged that he (they) executed t h e same as his (their) free act and deed. LINDA S . VEE NO T ARY PUBLIC • MINN ES OTA HE NN EP IN COUNTY My commi ss ion expi res B-12·96 )ss. COU NTY OF HENNEPIN) ~ Jt1~ Notary Public On t his ________ ,,......,,....,... day of ----------------' 19 9 before me a Notary Public within and for said county, person_a_l_l_y app eared known to me to be the person(s) described in and who executed the fore g oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 . ~' I.I,' .. ' . ~. f ,. ,. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #3008 I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore·going copy of a resolution of the City Council of the City of Orono with the original record of such _resdlution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on August 26 , 19 91 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 28th day of August 19 91 ---- '\ .;\ ,!./ •·\I '-' . .. )\ .. .,, . .. ' ........ ! . I, '\.. o~lv:J(v' -Wllrlo) · /' / 5 1 w-/.}f/ X<J 0P 5825 85 3 · 17:::EP9113 =50 05825853 DOC $15 .00 ·:t • .. 1, .. ..,,.,c,,:; ... ,,p•-·· .•... - OFFIC F OF COU NTY RECORD ER HE NN E Pill COUNTY , MINi~ESO T A CERT IFIED Fil.JO ,i,/JD OR P~c :·'.~c:=i-: -~ :·. 91 SEP 17 PM I : 49 ~ ··o··-1"" · · · 5 °9 5853 . .•~~ U L,._:!•::.:~, =-C, /1!.a r ,t /-J l --. ,,,-,; _.,:, (;;'i. t-Ja-;;-; '-v,·"-_:,:,.~·,; CO. RECO RD ER BY f'0 J\'-'(,L DEPUTY > • C t·