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Home My WebLink AboutResolution 4758 �:1_' L. '' / �� . � o o . ��d. - CITY of ORONO ,� � . �� G'�' . RESOLUTION OF THE CITY CpUNCIL ��SHpS�`'�' � NO. . � � �� . A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. O1-2706 `VHEREAS, Richard M. Stark and Jane M. Stark (hereinafter "the applicants") are owners of the properly located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: � Lot 2, Block 2, Partenwood (hereinafter "the property"); and � WHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and � expansion of the existing residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75' is required and requiring a � hazdcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed � as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #O1-2706. � 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3. The Orono Planning Commission reviewed this renewal application on September � 17, 2001 and recommended approval of the proposed variances based upon the following findings: � 1. The proposed additions would not further encroach on the OHWL. Page 1 of 5 � � � y . _ /_.� /� �� O o ��b. - CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. _�Il�'��— . A. The configuration of the lot severely restricts the allowable building pad. B. The amount of hardcover in the 0' to 75' lakeshore setback would be reduced from 20% to 15.0%. 5. The City Council finds that the conditions existing on this properry 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 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 properry 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 Councal 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, Subdivisions 1 and 2 to allow the remodeling and expansion of the eYisting residence to include a four stall garage, construction of a screen porch 38' from the 929.4 OHWL mark by adding 57 s.f. to a lakeside deck, and adding 140 s.f. to a lakeside deck located 33' from the 929.4 OHWL where 75' is required; a hardcover variance of 4,233 s.f. (15.0%) where 5,815 s.f. (20%) is existing and none is allowed, subject to the following: � 1. This resolution supersedes Resolution No. 4693. 2. 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. 3. All plastic under landscaping must be removed in the 0' to 75' lakeshore setback prior to any new construction. � . Page 2 of 5 i�� O� • O O . ��b. - CITY of ORONO � � . '�' RESOLUTION OF THE CITY COUNCIL ��kE o4�� No. � '� 5 � � s� 4. No further variances will be granted to this property in the future. 5. Authorities granted by this variance run with the properly 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 (February 25, 2003). 6. 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. 7. 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. � � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of February, 2002. ATTEST: � .� v � Lind . Vee, Ci Clerk arbara A. P � , ; J P operry Owner (s) � STATE OF MINNESOTA � . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of February, 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. ��• ` ��l.wt o �► `��1.�� Q_H�. �_ . • Notary Public ,-. Page 3 of 5 ALISSA A.WINTERNHEIMER NOTARY PUBUC-MINNESOTA My Cartmissfon Exp(res Jzn.31.2006 � J �� . �� . � O O � ��D� - CITY of ORONO � F . '�' RESOLUTION OF THE CITY COUNCIL ��`9$'E Og'�G � N0. � � � � � S� STATEZ3 ESOTA COUNTY OF HENNEPIN �� The foregoing instrument was acknowledged before me on this �� day of F�, 2002 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. •__�SS�M.LESKINEN STATE OF MINNESOTA NOTARYPUBLfC-MINNESOTA p�,�i�n ExpNes Jan.31,2005 . COUNTY OF HENNEPIN On this 1�day of ��"� r , 20 OZ, �il+h��t Il�(� �-�.�, �a-�'e � -�,� personally appeared before me, �,�,0 who is personally known to me • � whose identity I proved on the basis of �� - whose identity I proved on the oath/a�rmation 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 �d� NOTARY PUBLIC-MINNE^OTA • :,�,. Nty cam�ron�,�sn.s�,zoos Notary Public � 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 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. Notary Public . Page 4 of 5 ti.•;�•..- • �a•• :',::: � , '��?i�Y:�'p:� �..�?:•:��:�:� .n::•:F�� . . .. , ' ' . • . . .��::�:i��:�i::j�:� : . '•t.. •ii � .� :}.: :<.r� •ii:;��i .� / � .Exhibit A ' -� � ' ] Z ' . -..s� � . . _ _ _ . � sr 1a, � � 5 � �� -. . �.� � � �, . ��. � . W . � . �J>> a4� � a. j N � °'` G �' D'o� �;� { O � .� , v� , � . . - � v_o � 1 _ -��-� � � : .�-o . � m o�� . � . . � • O 0� � • � �• =mo _ • . ' � AC` CD � Z� � N i � � Z N . .,,•• . r Rl : m . ,,• D �t p � � �, • v � ' •°a9t o � �, ~ '•�. 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