HomeMy WebLinkAboutResolution 4924 •
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��`�kEsKo4`�G NO. 4
A RESOLUTION
REAFFIRMING THE ORIGINAL APPROVAL
TO ALLOW CONSTRUCTION PER THE
APPROVED SITE PLAN ATTACHED TO
RESOLUTION NO. 4768
FILE NO. 02-2753
WHEREAS, Wesley Byrne and Brenda Byrne, (hereinafter "the applicants") are
owners of the property located at 2817 Casco Point Road within the City of Orono(hereinafter"the
City") and legally described as follows:
Attached"Exhibit A",Hennepin County,Minnesota(hereinafter"the property");and
WHEREAS,the applicants were granted variances for hardcover on March 11,2002
per the findings and conditions of City Council Resolution No. 4768 to permit additions to the
existing residence; and
WHEREAS, Condition 4 of Resolution No. 4768 stated as follows:
"If it is determined the existing foundation is required to be replaced or repaired, all
variances approvals shall be withdrawn by the City of Orono and a new variance application
shall be submitted by the applicants."; and
WHEREAS, subsequent to issuance of a permit for construction of the proposed
additions,and after substantial work had been completed on those additions,the pre-existing second
story of the existing residence was removed due to structural integrity issues. A portion of the
removed second story had encroached into the required 10' side yard and was considered as
nonconforming, and therefore its replacement would normally be subject to meeting all setback
requirements. It was further determined that substantial work on the foundation would be required,
triggering the potential for further review; and
WHEREAS,the issue was brought forth to the City Council on January 13,2003 and
it was referred to the Planning Commission for a recommendation; and
WHEREAS,the Planning Commission held a public hearing on January 22,2003 to
review the status of the construction. Planning Commission concluded that in retrospect it was
unclear during the March 2002 review that the applicant actually had proposed to raise the roof 3-4'
within the substandard setback area. Planning Commission voted 6-1 to recommend ap roval for
Metro Leal crvicees Inc.
Page 1 of 3 '` '°"
' as CITY of ORONO
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RESOLUTION OFT E CITY C UNCIL
ES fI04� No.
92 =
replacement of the second story back to the original building envelope but not extending any higher
within the substandard setback than previously existed; and
WHEREAS,the City Council reviewed the application and the recommendations of
staff and the Planning Commission, and concluded that although no side setback variance for second
story expansion was specifically approved or documented during the prior review,the Council had
approved the second story expansion without requiring a variance by its actions in March 2002 per
building plans attached to Resolution No. 4768, that the plans had not changed, and that the
applicant had relied in good faith on that approval to commence his construction project and had
invested substantial sums toward that project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that the approvals granted for construction of additions to the residence at 2817 Casco
Point Road are reaffirmed, and applicant may construct the second story as depicted on the plans
attached to Resolution No. 4768, and may repair or replace the foundation as necessary to support
the structure above it.
x
dopted by the City Council of the City of Orono, Minnesota at a regular meeting
l .tli�Ay of February, 2003.
j '` � iY � , sy 1"�<"MP a✓{+yh 'rK tY�•5t.,
:.? s_: X38 r� r `Z �, F .y��Ax+Jj��./,./_/ I _w�i�ilJ✓l� ��l..G"��
r{{ �tTatS, g., ity Clerk Barbara A. Peterson, Mayor
��s�� acs i �•���;
Page 2 of 3
O O
� .: CITY Of ORONO
RESOLUTION OF THE CITY COUNCIL
SB Ogg NO, 4
kE
9 �u
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 10th day of February,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.
Notary Public
A!1SSA A.WINTERNHEIMER
NOTARY PUBLIC-MINNESOTA
STATE OF MINNESOTA :_ My Commission Expi-es�n.3t,2006
COUNTY OF HENNEPIN
_ Pal-
The foregoing instrument was acknowledged before me on this � `� day of
200 =� by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation a instrument was executed on behalf of the City.
4 'r_L DOC-GE
r NOwmison TAL BVD Jan 315
Notary Public
Page 3 of 3
i
i -- - - --- EXIIIBIT ----4924
r
RESOLUTION NO.
LEGAL DESCRIPTION OF PREMISES—:
Par . 1 . All that part of Lot 120 in Spring Park and all that unplotted
h. land and that portion of Lake Shore Avenue vacated,* lying between Lot
120 of Spring. Park, and the side linesvof 'said lot prolected to Lake
-y'Minnetonka, according to the plot thereof on file or of record in the
office of the Register of Deeds in and `for said Hennepin County, which
N' lies Southeasterly of a line running parallel with and 5 feet distant North—
westerly from the Southeasterly line of said Lot , and the extension thereof .
Par . 2. Lot 119, Spring Park; including that part of Lake Shore Avenue vacated,
and that part of the land between said vacated avenue and the shore of Lake
Minnetonka lying between thte side lines of said Lot 119 extended to the shore
of Lake Minnetonka, according to the recorded plat thereof .
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