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Home My WebLink AboutResolution 4984 1‘1 "1 O O ‘.: CITY of ORONO ,,. . IA Y `x-1 IM' ', G RESOLUTION OF THE CITY COUNCIL '" `9ES8D� NO. ,, A RESOLUTION GRANTING CERTAIN VARIANCES X TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L)(2) FILE NO. 03-2898 WHEREAS, Julie and Mike Whittington, husband and wife, (hereinafter "the applicants")are the owners of the property located at 1981 Fagerness Point Road,within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4,Fagerness,and accretions thereto lying between the extension southeasterly to `,/r J the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.22, Subdivision 2;and Section 10.56, Subdivision 16(L)(2)to permit construction of a deck and stairs 5' in height onto the existing home, requiring 5,596 s.f. (41.56%) hardcover within the 75' to 250' setback zone where 3,366 s.f. (25%) is permitted, and WHEREAS, 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 May 19,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2898. 2. The property is located in the LR-1C Zoning District, where 0.5 acres is the minimum required lot arca. The property consists of approximately 0.68 acres. 3. The Orono Planning Commission reviewed this application on May 19, 2003 and recommended approval by a vote of 5 to 0. Page 1 of 5 Metro Lei ] Services Inc. ,a 1 6:0 OCITY of ORONO �� '� Of� ,. p~ RESOLUTION OF THE CITY COUNCIL �`4 ESHOg� NO. 4 9 F,4 4 4. The Planning Commission made the following findings of fact: A. The lot area and lot width meet the zoning district requirements; B. The proposed deck increases structure on the property but does not exceed the maximum permitted; C. The lot has two 0-75' hardcover zones; D. No additional hardcover is proposed in the 0-75' hardcover zones; E. The proposed deck minimally increases hardcover in the 75'-250' hardcover zone by 86 s.f. Hardcover within this hardcover zone should not increase from what exists with this application; and F. The 40' street right-of-way on the property is not included in the lot area or hardcover calculations. There is a small portion of the house and related hardcover existing within the right-of-way. 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 will 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. 6. The City Council has considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (L)(2)to permit construction of a deck and stairs 5' in height onto the existing home, and to allow 5,510 s.f. (40.9%) hardcover within the 75' to 250' setback zone where only 3,366 s.f. (25%) is normally permitted. Approval is subject to the following conditions: Page 2 of 5 o oCITY of ORONO ti � RESOLUTION OF THE CITY COUNCIL 41kESH& NO. 4 1. Council approval is based on the site plan submitted by the applicants with an additional 86 s.f. of hardcover removals to the west of the roadway(within the 75' to 250' setback zone) and as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. Hardcover removals, as identified by the applicant, shall be completed prior to the footing inspection for the deck. 2 . Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (May 27, 2004). 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 applicants have read, understood and hereby agree 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. r,, t dopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the i tt*o .May, 2003. 4 }, ; -11 y 1° i f lncTi4,,: "0;Aity Clerk Barbara A. Peterson, yor tr} e /1/. / • ner(s)( w ' Page 3 of 5 o o CITY of ORONO v,\'‘ ti 4C1RESOLUTION OF THE CITY COUNCIL 41tzs-a0V" NO. 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 27th day of May, 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. KI 7' •ANDER:0N , Notary Public (L�hl+ eiR'' MyC@>'rilil�NOp' y Expires dan. I), STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of May, 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 NOT^,?:''PUEL!C-h";!!";:,"0TA -t, Notary Public My Ccr.i rss:on Expires Jen J",2)05 STATE OF MINNESOTA COUNTY OF HENNEPIN On this` day of�7u( .. ,2003, Ju i i L. A. k )h; ;�� t�c 0,1-a(�i personally appeared before me, who is personally known to me whose identity I proved on the basis of J A. k) G 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. 7 I 4,s,,„: DENISE M.LESKINEN 41111111166. .` tNOTARY PUBLIC•MINNESOTA k Notary Public My Commission Expires Jan.31,2005 Page 4 of 5 • v 0 0 =, O 0- CITY of ORONO C) RESOLUTION OF THE CITY COUNCIL L`q�iESgOg� NO. A STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of -Iv , 2003, T. 1),A‘',-4-4; , y? /14, personally appeared before me, who is personally known to me whose identity I proved on the basis of & .J (— 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. • IP ► DENISE M.LESKiIVEN • '' NOTARY PUBLIC-MINNESOTA ;Y` My Commission Expires Jan.31,20c5 Notary Public Page 5 of 5 • fit e•tt A P61 A , N l , - 7 0-.--/D N ID 0 ...- S CD O N • O -••C S N CO ID 33 _� — 19 In -IO O m —•� to n 7—• f — c 7 D > O 0 7 7 •3 --maN N -I F., -.00 .-. 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