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Home My WebLink AboutResolution 4974 . �: � O� • O O ' CITY of ORONO S a �, ' � ; � � ti �� G~' �� RESOLUTION OF THE CITY COUNCIL `�kES�IOg' NO.'_ � � `�' � A RESOLUTION GRANTING . AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE . SECTION 10.22, SUBDIVISIONS 1 AND 2, � SECTION 10.55, SUBDIVISION 8, SECTION 10.03, SUBDIVISION 14(C), SECTION 10.56, SUBDIVISION 16(C)(6), AND SECTION 10.56, SUBDIVISION 16(L)(1) FILE NO. #03-2880 WHEREAS, Fred A. Johnson (hereinafter "the applicant") on behalf of Randy - and Michelle Chwialkowski (hereinafter "the owners") has made application for after-the-fact —��--- variances for the property located at 1926 Fagerness Point Road within the City of Orono (hereinafter "the City") and legally described as follows: • � , Attached hereto as Exhibit A (hereinafter "the property"); and � `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 21, 2003, at which times all persons desiring to be.heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has requested after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit the construction of a� second-story deck within 75' of the OHWL of Lake Minnetonka where no structure is normally allowed; a variance to Section 10.03, Subdivision 14(C) for lot coverage by�structures of 1650 s.f., in excess of the 1500 s.f. normally allowed; a variance to Section 10.56 Subdivision 16(C)(6) to permit a 5' encroachment of the average lakeshore setback; and � a variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit . 2,115 s.f. (26.4%) of hardcover within the 75' lakeshore setback where only 2,079 s.f. (26%) of hardcover had previously been approved. NOW, THEREFORE, BE� IT RESOLVED by the Cit�y Council of Orono, Minnesota: ' FINDINGS • 1. This application was reviewed as Zoning File #03-2880. Page 1 of 6 ` t � O� �f, • O �, O . CITY of ORONO ,� ' --,.;. � : �� G~' �� RESOLUTION OF THE CITY COUNCIL � �kESII�g' NO. � 9 `� � � 2. The property is located in the LR-1C (%2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended denial on a vote of 7 to 0 for variances to allow the second story deck to remain, but recommended approval of the additional 36 s.f. of hardcover over and above that approved by prior City Council action, finding no hardship to justify allowing the second story deck to remain but finding that the second doorway on the first story necessitated the additional 36 s.f. of deck and stairway area for safe access. � 4. The City Council reviewed this application on April 28, 2003 and made the following findings: A. The approvals granted for construction on this property via Resolution • No. 4579 adopted December 11, 2000 did not include approval for a second story deck. B. To obtain a building permit for construction of a new residence on the property, the applicant submitted construction plans which included a first story screen porch and second story deck. During the City's plan review process the building plans were clearly marked by the Orono Building Official to note that the screen porch and second story deck were not approved, and a set of plans so marked was provided to the applicant . when he was issued the building permit on May 18, 2001. � C. The applicant constructed the second story deck despite the lack of approval for the deck. The Orono Building Inspector did not note that a � second story deck had been constructed, and a Certificate of Occupancy was issued for the completed residence on March 8, 2002. D. Shortly after the Certificate of Occupancy was issued, the Orono Building Official noticed the decks and contacted the applicant by phone in June 2002, advising the applicant of the apparent violation and advising him to take steps to eliminate the violation, one option of which was to apply for an after-the-fact variance. � Page 2 of 6 � � °� � • �. o � . - � CITY of ORONO � -- :. � � , ti �� G�' � '- RESOLUTION OF THE CITY COUNCIL `9kESYiOg' NO. �° � `� � E. No action was taken by�the applicant, and he sold the property to the owners in January 2003. F. In February and March 2003 the Building Official sent letters to the � applicant in a further attempt to gain compliance, which resulted in this application. 5. The City Council finds that the increases in structural coverage and encroachment of a second story 5' into the average lakeshore setback must necessarily be granted in conjunction with any after-the-fact approval of the second story deck. 6. The City Council finds that while the second story deck construction should not -- -�--------�� have occurred, denial of the after-the-fact variances would unfairly penalize the owners who purchased the property from the applicant with no knowledge that the deck was not in compliance. • 7. The Council further finds that the circumstance that the Ci failed to file a tY timely written notice to the applicant of the violations act as a hardship which � supports the granting of the requested after-the-fact variances. 8. 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 properly; 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. � 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. � Page 3 of 6 � . � O� • O �, O . , CITY of ORONO ,� .: ;. � . ti �� G�' '�. RESOLUTION OF THE CITY COUNCIL . � �kES�IOg' - NO: � � `� � . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit the construction of a second-story deck within 75' of the OHWL of Lake Minnetonka where no structure is normally allowed; a variance to Section 10.03, Subdivision 14(C) for lot coverage by structures of 1650 s.f., in excess of the 1500 s.f. normally allowed; a variance to Section 10.56 Subdivision 16(C)(6) to pernut a 5' encroachment of the average lakeshore setback; and a variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4%) of hardcover within the 75' lakeshore setback where only 2,079 s.f. (26%) of hardcover had previously been approved, subject to the following conditions: 1. This approval is for the second story deck as constructed, and the first story ' deck, stoop and stairways as constructed and as depicted in photographs dated • � 10-21-02 and located within zoning file #03-2880. 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 an after-the-fact building permit within one year of the date of Council approval, or this variance will expire on that date (May 12, 2004). 3. Violation of or non-compliance with any of the terms and conditions of trus 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 owners have read, understand and hereby a�ee to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. � Page 4 of 6 � °� . • � ° y �� . � �CITY of ORONO � � --- ; � , ti ��L �G�' '��. RESOLUTION OF THE CITY COUNCIL . `9kESI30g' NO. � � `� � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of May, 2003. ATTEST: . � � . -� �. �/ __. . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor _.._.--------_._._----- ` r pe Owner (s) ,.. � _ _ _ -------- --. _ . . � STATE OF NIINNESOTA COUNTY OF HENNEPIN � �, The foregoing instrument was acknowledged before me on this /L day of a , 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. , , • . l.1 L,� �...��1i�w�e �.,.i.t Q 1l Not ' . STATE OF MINNESOTA ALISSAA.WINTERNHEIMER NOTARY Pl�l.I�C-MINNESOTA COITNTY OF HENNEPIN N�Y Cortxnis�ion F.xpires Jan.31,20oe The foregoing instrument was acknowledged before me on this � day of Ct,�- , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpora ion and said instrument was executed on behalf of the City. ��:r RACHEL DODGE � ��v�- • '` ��'.- 'r;° ' NOTARY PUBUC-M1Nti�",OTA Notary Public " 1 My Comm�ss?on E:pires Jun.;;1,2Q05 `..,�.` . �'�"'.�.c.�.'..�':��c's.:.c.r,y- ,��! Page 5 of 6 � . � � O� • O �� O { - z . CITY of ORONO � - ;�. � � ti ��i �G~' �• ', RESOL.UTION OF THE CITY COUNCIL `gkEsl3og' No. � � `� � STATE OF MINNESOTA COUNTY OF HENNEPIN On this �da of � �. y �a�ne, , 2oa3, ��c��lle. 17• chw��Ikowsk;.��r,sr��e.� personally appeared before me, who is personally known to me �_ whose identity I proved on the basis .of J�N (7 C.- whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � DENISE M.LESKINEN � � NO�TARY PUBLIC-MINNESOTA _ Nty Commissfon Expires Jan.31,2005 Notary Public STATE OF NIlNNESOTA COUNTY OF HENNEPIN � � On this �• day of__ J(1h�. , 20 G3, 1 (� f=. �.'��i�.�,�awsk� �t��n'�Q personally appeared before me, who is personally lrnown to me t/whose identity I proved on the basis of_ �� 17 �-- , whose identity I proved on the oath/affirmation of . , a credible witness � � and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � �,.� Cr�1�l��M. LE�„i ��-,� . . ,rti��c.. =;.,•.;;. `` NOTARYPUBLIC-MINNESOTA otary Public " .�n�ti MY Cq►u111ssfo�l Expi�Jafl.31,2005 � Page 6 of 6