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Home My WebLink About04-2970 Recorded ResolutionCITY of ORONO RESO L UTI ON O F T HE C I TY COUNCIL NO. ij ~ IQ) 5 A RESOLFflON GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 {B), SECTION 78-1279 (6), SECTI0:1\ 78-1288, AND SECTION 78-282 FILE NO. 04-2970 WHEREAS, Robert P . Mack and Ardell M. Mack, husband and wife (hereinafter "the applicants ") are the owners of the property located at 1525 Bay Ridge Road within the City of Orono (hereinafter the "City") and legally described as follows : Tracts I and J, Registered Land Survey No . 192, files of Registrar of Titles , Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-305 (B), 78-1279 (6), 78- 1288 and 78 -282 for a side setback variance to allow a side setback of 18 ' at the southeast comer of the home when 30 ' is normally required and 18' currently exists, average lakeshore setback variance to allow an encroachment of approximately 50', and a hardcover variance to allow 27% hardcover in the 75-250 ' zone \Yhen 25% is normally allowed and 28% currently exists , in order to replace a flat roof wi th a pitched roof which raises the ceiling in the existing living room , and to construct a car port at the front entrance of the home . NOW, THEREFORE BE IT RESO L VED by the City Council of Orono , Minnesota: F IND INGS 1. This application was re viewed as Zoning File #04-2970. 2. The property is located in the LR -IA zoning district, which requires a minimum lot area of 2 ?Cres . The applicant's property is 0.858 acres . 3. The Planning Commission re viewed this application at a public hearing held on January 20 , 2004 and recommended approYal of the side setback , Page 1 of 6 ~ . " ...... .µ ""'\ ... j er, C£ CITY of ORONO RESOLUT I ON OF THE CITY COUNCIL NO. ~ li O 5 average lakeshore setback, and hardcover variances based on the following findings : a. The existing setback is non-conforming . b . The proposal will not further encroach on the existing side yard setback. c . No additional living space is being added. d. The raised roof will not affect any sightlines . e . The square footage of removals proposed is greater than the square footage of new hardcover proposed bringing the lot closer to compliance . 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 variances 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 alleYiate 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 COND ITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-305 (B), 78-1279 (6), 78 - 1288 and 78 -282 in order to replace a pat roof with a pitched roof which raises the ceiling in the existing living room , and to construct a car port at the front entrance of the home subject to the following conditions : Page 2 of 6 ( CITY of ORONO RESO L UT ION OF THE CITY COUNCIL NO. ~ Jl ij ~ 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 75-250' zone shall be limited to 5,785 s.f. or 27% 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. 3. 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 . 4. Required removals of hardcover shall be completed by the final 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 (January 26, 2005). 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 agrees to the recording of this resolution in the chain oftitle of the property. Adopted by the Orono City Council on the 26 1h day of January, 2004 . Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ TI (Q) 5 ~!~~:ti~(~ Barbara A. Peterson, Mayor Page 4 of 6 STA TE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLU TI ON O F THE CITY COUNCIL NO. ll «) 5 • t)1"1 ~ The foregoing instrument was acknowledged before me on this J_j__ day of _Jn_ r1 v.J_,.,/1 1 i , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. I~ ~ :RACHEL DO '"'~~ t ( . . 1 if>IOTARY PUBLIC • ... : ·~ l\ 'My(CommiSsion EXpirv;; , ( STATE OF MINNESOTA COUNTY OF HENNEPIN l f rt < l--( C /1 ·rt_ rL Notary Public 0 (1 , The foregoing instrument was ackno\vledged before me on this ? .~ day of f J /.Y2 u. o .. A 'l 2004 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. //1 A I LIL(. I.. (___ ( R-C1 .:L DOC'~,: NOTARY PUBLIC· t..'.:~' 'STA My commission Expires Jz.~1 v •• 2CG'i Notary Public u ~". -~.a-.22@ S5 &"88€0~~·~.;, Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ 'fl ([11 ,.,, NO. <'.l.}l .u ~ y "'· State 0f Minne sota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this ~ay of V~, 2004 by Robert P . Mack, husband of Ardell M. Mack. U BA RBARA G. SILUS NOTARY PU JUC · f.'.. . My Comm iss:o n Expi res J., ,. ~I . ~:oa Notary Public St ate of Minne:~ota '\ } ) ss. Coumy 0f Hen nepin ) This instrument was acknowledged before me this .. day of --1l!.."-'!l: c , 2004 by Ardell M. Mack, wife of Robert P. Mack. -._,,., ..... ~ .... x·:-... ·-~.·· ·\ D3~1Sc M. LESKi NZ.., " NOTARY PUBLIC· MIN NESOTA h. My Commission Expires Jan. 31, 2~c· f ~. >~ 1 lt11l~----===::~~ Notary Public Page 6 of 6 ~ -:-. ur I rV-\l, 1 :::i 1 & J, K.L.2). NU. ·1 Sl.L HENNEPIN COUNTY, MINNESOTA I f)(\-\tPJlf A "A~fO\'iA-ANAt.'/SIS :...-I / I I 52.24 :··. __ .... ____ 7 I I I I I I ' S 89°59' 44" E 325.94 ~ m-- w Vl ,q :, ... 0 ... J: ~ I ct /!] i= Vl x w ~.6 ... ~ 23.2 0 --1!.' '° I I I I .11-z.74/ I I I I ." I 11/ I~ .I I " I I. I . I 5, I 126.01 6"' I if I /;(/ I~ "'-i l~f! .... ,1/l·~ .. J). 0 I:!' ,,,...,, ">.··>o 1, I ~ .... ~I' o I !. ·, o,~~-I C ~-· ,lo. "a: .... ····-19 . ~ I ' .... • I JLM 104.eJ if// 126.83 : 88.51 ········ ,;, JI..M 320.28 RI..S NO 192 74+-, __ _ "-I I 69+- ,··· .. .:· .... : ., ... , '•, •:(:: •'•, .... o; :;: 0 ~ ~ -........; ~ ~ /2 fl j m 1-\Alt~~'lt.¥-10 f,~ 12,E.MNE.D r?l'1 s.f.) I l\MlVlD'I E. ~ 11> it ADD E o ( io'b 41) Nt:f V{:,CP-~ E Of \ 10 ~. Appr-ovtJ.. _ Pott v.JJ fa1owtn1 -rorn LEGAL DESCRIPTION OF PREMISES : ttunovA1S 1' * Afr.-vv ~ r,. .J-(h tJ.. ~ b.f Tracts I and J, Registered Land Survey No . 192, files of Reg i strar of Titles. Hennepin County, ~lnnesota r his survey shows the boundaries of the above described property, the location of on existing ,ouse, deck and driveway thereon, and the proposed location of o proposed carport. It does 1ot purport to show any other improvements or encroachments . o Iron ma·ker '-10 Judicial landmark Bearings shown ore based upon an assumed datum ~ ~ e e.n· e 3101:88 r 0 ON xIn01 0 Z -n kw, 1"' c 7,1 m0 . c) t-li z --1 rri C) CilX)050 ,..t--, - KO A -4 An ,.‘...* .., .. 7 0S„ m. 2 i rs1Roocr PI