HomeMy WebLinkAboutResolution 4801 Doc No 8327173 04/07/2004 01:02 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Deputy 20 TranslD 18754
Fees
$15.00 DOCS
$5.00 SU
$1.00 C PY
$21. Total
>a.: CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L`9kESH0�`� NO. '
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE NO. #02-2778
WHEREAS, Kevin Manley and Janet Manley, husband and wife, (hereinafter
"the applicants") are owners of the property located at 1973 Fagerness Point Road within the
City of Orono (hereinafter "the City") and is legally described as follows:
Lot 7, Fagerness, Hennepin County, Minnesota Lr? l S,er iCCS Inc.
(hereinafter "the property"); 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 April 15, 2002, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants applied to the City of Orono for variances to
Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C)
(6) to permit an expansion of the roof line and raising the roof within 75' of the lakeshore; and
for variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to
permit additional hardcover within the 75-250' Lakeshore setback over 25% and to Section
10.03, Subdivision 14 (C) to permit additional structure over 15% on the property; and
WHEREAS, the Council approved variances to permit the expansion of the roof
line and raising the roof of the house on April 22, 2002; and
WHEREAS, the Council tabled the variance request for the deck addition on
April 22, 2002 to allow the property owner to revise the plan to lower the deck below 6' to
eliminate the variance request that increases the lot coverage by structure; and
NOW, THEREFORE,, BE IT RESOLVED by the City Council of Orono,
Minnesota;
1. 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
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o , o
CITY of ORONO
~ RESOLUTION OF THE CITY COUNCIL`9kES80NO. 4801
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.
2. 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 variance 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 to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to permit additional hardcover within the 75-250' lakeshore setback over
25% for construction of an 84 s.f. deck that replaces a larger deck that was previously removed
by the property owners subject to the following conditions:
1. The deck shall not exceed 6' above existing grade.
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 this variance
will expire on that date (May 13, 2003).
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, understand 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.
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O O
b: CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH04� / NO. 4R, 0 .
s Adopted by the City Council of the City of Orono, Minnesota at a regular
meehhg held on ,the 13th day of May, 2002.
�i+ Y Z-1
Lbr t .i Y
--
�' City Clerk Barbara A. Peterson, Mayor
Pro lOwner
STA\TEIF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this�13th day of May, 2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
LINDA S. VEE _
NOTARY PUBLIC-PO NNESOTA
My Commission Expires Jan,31,2005
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 1/ 5 day of
'Hw- , 200 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
3 NOTARY PUBLIC•MINNVOTA Notary Public
My Commission Expires Jan.31,2005
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e
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
\kE-S 0 NO. 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this d,2 day of 2003 , Jane pez h le u'
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of W �L
whose identity I proved on the oath/affirmation, 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.
f
�C.li�lG2c.
Notary Public
DENISE M.LESKINEN
NOTARY PUBLIC-MINNESOTA
My Cemmissirn Expires Jan.31,2 ;
STATE OF MINNESOTA '
COUNTY OF HENNEPIN
On this day of 20o -3 -))wr)
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation, 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.
pSON
Notary PublicAfy � ,gn 3�2TOAo�
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