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Home My WebLink AboutResolution 4750 / 4 /��_ " �� O O . ��b. - CITY of ORONO ,� � �� '�' . RESOLUTION OF THE CITY COUNCIL ��kESH04'� NO. A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.03, SUBDIVISION 14(C), SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) � SECTION 10.22, SUBDIVISION 1 (B)AND FILE NO. 02-2737 WHEREAS,Charles D.Pyle and Shirley Pyle, (hereinafter"the applicants")are the. owners of the property located at 3548 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 174, Taylor's Subdivision of Spring Park Lots, Hennepin County, Minnesota � (hereinafter"the property"); and � WHEREAS, the applicants have applied to the City for after-the-fact variances to �Iunicipal Zoning Code Section 10.03, Subdivision 14 (C) to permit replacement of an existing lakeside deck and walkway repair permitting 2,440 s.f.(20%)lot coverage by structures where 2,440 s.f.(20%)exists and 1,833.75 s.f.(15%)is allowed,Section 10.22,Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to permit 761.5 s.f. (18.67%) of hardcover in the 0-75' setback area where 761.5 s.f. (18.67%)exists and 0 s.f.(0%)is allowed,and Section 10.22,Subdivision 1 (B)to permit � 243 s.f of structure within 75' of the lakeshore; 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 Plaruiing Commission held a public hearing on January 22, 2002, 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#02-2737. � Page 1 of 6 . . ��__ . �� o 0 ��e. - . CITY of ORONO � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��sH�4� � NO. • � � ffi� 2. The property is located inthe LR-1C Zoning District,where 21,780 s.f. or.5 acre is the minimum required lot area. The property consists of approximately 12,225 s.f. or .28 acres. 3. The Orono Planning Commission reviewed this application on January 22,2002 and recommended approval of the proposed variances based upon the following findings: A. Resolution#3183 approved 2,533 s.f.(20%)lot coverage by structures on the properry. B. The deck is an equal replacement to what existed. The walkway is being repaired. ' C. The deck and walkway provide access from the second story of the residence to the lakeside of the property. . • D. The hardcover in the 0-75' setback area is increasing minimally(30 s.f.) to meet code standards. The removal of 177 s.f. of non-conforming landscape plastic in the 0-75' setback area is required in order for the site to meet city requirements. E. The deck and walkway have existed since at least 1992. ' 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; tYiat 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. ' 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 variances on the health, safety and welfare of the community. • Page 2 of 6 /__ _ �� . . � O O . � ��s� - CITY of ORONO � ' ti �� ' RESOLUTION OF THE CITY COUNCIL ��`4�i',Egg� , N0. '� � �� CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above fmdings,the Orono City Council hereby grants after- the-fact variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to permit replacement of an existing lakeside deck and walkway repair to permit 2,440 s.f.(20%)lot coverage by structures where 2,440 s.f. (20%) exists and 1,833.75 s.f. (15%) is allowed, Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to permit 761.5 s.f. (18.67%) of hardcover in the 0-75' setback area where 761.5 s.f. (18.67%) exists and 0 s.f. (0%) is allowed, and Section 10.22, Subdivision 1 �(B) to permit 243 s.f of structure within 75' of the lakeshore. Approval is. subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. � B. All landscape plastic scheduled for removal (177 s.f.) within the 0-75' setback area shall be removed prior to final inspection of the deck. � . 3. Authorities granted by these variances 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 (January 28, 2003). ' . � 4. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 6 . . . :� ��— . �� • � � ��b. - CITY of ORONO � ' ti . � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kEsH�4� NO. � �.�.(� . Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 28th day of January, 2002. ATTEST: � ��a.�.-�--�-�. l�ba.� Rache , ge, De Cler Barbara A. P terson, Ma r , L Property Owner(s) STATE OF MINNESOTA . . COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this 28th day of January, 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. � No '��1' JACKIE YOUNG ` NOTARY PUBLIC-MINNESOTA STATE OF MINNESOTA ��c��3�an.s�,zoo5 COUNTY OF HENNEPIN . � The foregoing instrument was acknowledged before me on this 9f�1 day of January, . 2002 by Rachel Dodge,Deputy Glerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. . �� . MARY ANN JOHNSON Notary Pu c �Vf�• NOTARYPi18LIC-MINNE50TA '`'� My Carr�nission Explres Jan.31,2005 :,u: • Page 4 of 6 . L 1 � . .. '�,�_' - �� 11�' - � . • � � ��b. - CITY of ORONO � � . �� G'�' RESOLUTION OF THE CITY COUNCIL ` ��kESH��'� NO. '�� . STATE OF MINNESOTA � COUNTY OF HENNEPIN On this��'day of � o�n , 20e�2 , 'C�a�2��s ��i�� i/LE SI'—• personally appeazed before me, ' who is personally known to me . � whose identity I proved on the basis of !V1 �) �2 i v.ers L,ce �S-e__ � whose identity I proved on the oath/affirmation of , a credible witness � . . and who executed the foregoing instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. _�\1S�M.LESKINEN , NOTARY PUBLfC-MINNESOTA � . My Cortunbsion Expkes Jan.31,2005 • Notary Public � . STATE OF MINNESOTA � COUNTY OF HENNEPIN On this �I S�day of J��-�Q-'�� , 2p O2 S 1r.'�r�.�) [� �� (� —, - personally appeared before me, • who is personally known to me t/ whose identity I proved on the basis of MN /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. . � . ,.. �--�-�-� �� ;�^,,.�; RACHEL DODGE Notary Public ,N��y;;> NOTARY PUBLIC-MINNF^OTA �y�°mmrss��P(ras Jan.31,2pp5 �c-c:-�c:c � � Page 5 of 6 r � . _. . � � -----•�--� , - .` �NO�'3iv,y�� Exhibit A � � � . ?�� . - _� °� �i � �� . � • . .� :� 1 . - � , -� . - OI � . � � F : 5►-�e P[�.n a.o a`- � a �� s `� � � �_ �� $ � . .. �� °' �` �. � � �. �`� � 3 '� 5 0�,�7s s . 3 � . � � � . -;� r�h . : 3� 3 � �� o`c�. c�.cK�4t� . � �� . �� g� � �� J;,�p��. +(,Q.��G�CQ ,�� 3� . �f '� � . �3 ' ' % '� . � �� + , , : .� `�., ;� � i ;��,�1• . . �, � � � > � e � i � � � � � F � � ~ . i �� - � � � ` � � . - I � � �{' . 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