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Home My WebLink AboutResolution 4821 :T �_ y O � � • O s. O - 3 � CITY of ORONO � ' . r ``,. ti ti RESOLUTION OF THE CITY COUNCiL � �L`9 04�'�G NO. � � � � k'ESH. A RESOLUTION GRANTING AFTER THE FACT RENEWAL OF VARIANCES � TO MUIVICIPAL ZONING CODE � SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) (1) AND (2); AND . SECTION 10.56, SUBDIVISION 16 (C) (� - FILE NO. #02-2790 WHEREAS, Lyle Shaw and Gretchen Shaw (hereinafter "the applicants") are the owners of property located at 1750 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: ' _ Lot 16, Shady-wood, Hennepin County, Minnesota (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 May 20, 2002, at which times all persons desiring to be heard conceming this application for renewal of variances were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for after-the-fact renewal of variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit expansion of the building envelope for a 2"d story addition within the 0-75' lakeshore setback; Section 10.22, Subdivision 2 and Section 10.56,�Subdivision . 16 (L) (2) to permit 2,406.64 s.f. (51%) hardcover within the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) exists and 1,169.5 s.f. (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #02-2790. � • Page 1 of 5 1 , ' �O � � • O O ' ��b. - CITY of ORONO ,� �, - ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��sxo4`'� No. 4 � 2 g � 2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning • - District where %z acre is the minimum lot size and 100' is the minimum lot width. 3. The Orono Planning Commission reviewed this application on May 20, 2002 and � recommended approval on a vote of 7 to 0 for the variances based upon the following findings: . A. The Council adopted Resolution No. 4264 approving variances to permit an expansion of the existing house on April 12, 1999. B. The approvals granted within Resolution No. 4264 expired one year from � the date of adoption (April 12, 2000). C. The property owners hired a contractor to replace and repair the existing • roof of the structure. While repairing the roof, the existing roofline was expanded within the average lakeshore setback and within 75' of the lakeshore. Since the expansion occurred, an after-the-fact renewal was required to permit the property owners to proceed with the project. D. Staff informed the Planning Commission the City of Orono would have issued a building permit for this project if the expansion had occurred within one year of the variance approval. Normally the City� will issue a permit to do a project that has been modified when it is found the proposed building plan is of less impact than the approved plan. E. The expansion of the dormers will not raise the roof level of the house. The 1999 approved plans raised the roof level approximately 6.5'. F. The property conditions have not changed and there have been no code revisions since the adoption of the variances in 1999. 4. The City Council finds that the conditions existing on this property aze 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 • Page 2 of 5 • _ ti ` �O � � • O O ��e_ - CITY of ORONO � � ti � �� ,'�' RESOLUTION OF THE�IT8Y2CO�UNCIL �`9$ESHpg' N0. �_ 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 o'r 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. 5. 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 1 and Section 10.56, . • Subdivision 16 (L) (1) to permit expansion of the building envelope for a 2"d story addition within the 0-75' lakeshore setback; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,406.64 s.f. (51%) hardcover within the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) exists and 1,169.5 s.f. (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback, subject to the following conditions: 1. 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 28, 2003). . 2. 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. 3. 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. • Page 3 of 5 i�- � . 7' ��' . � O O �b. - CITY of 4RON0 � ,� � � - �� G'�' . RESOLUTION OF THE CITY COUNCIL ��SH�4'� . NO. � � � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of May, 2002. ATTEST: ' � J��4� .. Lin a S. Vee, 'City Clerk Barbara . terso , or . Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this 28th day of May, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on the City. LINDA S.VEE NOTARY PUBUC•MINNESOTA - Q , /� � r,c: M�r Cammission Exptres Jan.31,2005 �l U Notary P ' � STATE OF MINNESOTA . COUNTY OF HENNEPIN �he. foregoing instrument was acknowledged before me on this� �'`�' day of �t�nQ. , 200 Z 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. �%� �� .:�s�1,, RACHELAODGE � ,wr;,,,.�r, Notary Public �st.>�-,;r NOTARY fUELIC-MlNNE,^•OTA „, P✓y Comris;,ion Expi2s Jzn.31,2005 � -c�..rc�:=c..�c;c'�"-v-"^'�"�r�c,.�. � Page 4 of 5 i , ..� � �---�- ' ' . /� O ' V • O O ��b. - CITY of ORONO � a � �► �- ti �� ,�' RESOLUTION OF THE CITY COUNCIL ��SKO�� rvo. 4 � 2 �, STATE OF MINNESOTA COUNTY OF HENNEPIN On this � day of � h� , 20 0�, L.�l� Sh q w �-� e7�c�i e.� S�h q w, personally appeared before me, rn��e�P�Q who is personally known to me i/whose identity I proved on the basis of N�N D 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. � � r"' , MARY ANN JONNSON NOt P I1C ��' NOTARY PUBLlC•MINNESOTA {��''�� Iry CarmYsston 6cpirzs,1an.31,2005 a-,...; � STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, 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. Notary Public � Page 5 of 5