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Home My WebLink AboutResolution 4767 � � � . ,h . r �.--t • � O� O O • ��g�S . C ITY of ORONO . � �.� � ti �',� G'�' RESOLUTION OF THE CITY COUNCIL L`�kEsB��'`� No. � �r�' � �c A RESOLUTION GRANTING A VARIANCE TO MU1vICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1(B)AND SECTION 10.56, SUBDIVISION 16 (E,F) FILE NO. 02-2748 � WHEREAS, Richard Marzan, (hereinafter "the applicant") is the owner of the property located at 2795 Pheasant Road within the City of Orono(hereinafter"the City")and legally described as follows: Lot 11, Pheasant Lawn, Hennepin County, Minnesota (hereinafter "the property"); and . WHEREAS, the applicant have applied for a variance to Municipal Zoning Code�. Section 10.22,Subdivision 1(B)and Section 10.56,Subdivision 16(E,F)to allow an existing 216 s.f. deck to remain in the 0-75'setback zone where a deck of only 32 s.f.in area is allowed as a landing. WI�REAS, 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 February 19, 2002, at which time a11 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#02-2748. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District,where 43,560 s.f. or 1 acre is the minimum required lot azea. The property consists of approximately 46,560 s.f. or 1.069 acres. � 3. The Orono Planning Commission reviewed this application on February 19,2002 and recommended approval of the proposed variance based upon the following findings: � - Page 1 of'6� r • � h � O� O O • �= S . CITY of ORONO . ,� , ..;.. � � ti RESOLUTION OF THE CITY COUNCIL ��l �G~ . . �kESI3�'4�' NO. �' '�� A. Applicant is replacing the existing residence on the property, hence all existing accessory structures are subject to review and potential removal per Zoning Code Section 10.03, Subd. 9. B. The steep topography to the lake requires some form of landing to transition from the steps to a dock. C. A portion of the property is located within the bluff line. - D. There is a limited amount of level land adjacent to the lakeshore, making access to the lake difficult without a deck or landing area. 4. The City Council fmds 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 di�culty; is necessary to preserve a substantial property riglit 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 applicant 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(B)and Section 10.56,Subdivision 16 (E,F) to allow a 216 s.f. deck and lock box by the lakeshore where a deck of 32 s.f. in azea is allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further � Page 2 of=6 � , ' q � f n �. I O� O O • ��3 s.. � CITY of ORONO . � 3..'. ►�l , � � �',� ` G'�' RESOLUTION OF THE CITY COUNCIL L`�kEsKo4"� � � No. � 7 6 �' Planning Commission and City Council review. 2. The deck will remain at 216 s.f. The roof over the deck shall be removed. The shed shall be turned into a lock box (20 s.f. in area and no higher than 48 inches). The shed/lock box shall be painted brown to blend in with the environment. 3. The applicant is on notice that the deck is nonconforming and when it needs to be repaired it will be required to be brought into conformity. - 4. Authorities granted by the variances run with the property not with the applicant,but are permissive only and must be exercised by application for a building pernut within one year of the date of Council approval,or these variances will expire on that date (March 11, 2003). • 5. Violation of or rion-compliance with ariy of the terms and conditions of the variances . shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read,understands and hereby agrees to the terms of this � resolution and on behalf of himself,his heirs,successors and assigns,hereby agrees 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 l lth day of March, 2002. ATT ST: _ � // ^ l/ ' a S. ee, i Clerk Barbaza A. Peterson, Mayor Prope Owners STAT OF MINNESOTA COUNTY OF HENNEPIN � Page 3 of-6' ' � '. . , . r� , �O� O O . M �g� CITY of ORONO . s ,� , _ �., .;- �',� � G�' RESOLUTION OF THE CITY COUNCIL ��kESI3�4� NO. � � � t� . �{th� d a� �� -fobe��o� . The foregoing instrument was acknowledged before me on thi , 8Z by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said . instrument was executed on behalf of the City. � I . r.,r/ Notary Publi � STATE OF MINNESOTA COUNTY OF HENNEPIN °.;�"°t� MAFYANN JOHNSON `=C�'t� NOTARY PUBLIC_MINNESOTA :,r.�., Mp Corrun�P Expires The foregoing instnzment was acknowledged �°05 ay of Q��o�� ,200 � by Linda S.Vee, City Clerk of the City of Orono, a mnesota municipal corporation and said instrument was executed on behalf of the City. � . Not . STATE OF MINNESOTA . MAPY ANN JOHNSON COUNTY OF HENNEPIN • ';F,�; NOTARY PUBLIC-MINNESOTA .,�,,.� My Corrrrds�lon Expires Jan.31�2D05 On this�day of ��f�bP� , 20 0� i'� Q,e _personally appeared before me, who is personally known to me t/ whose identity I proved on the basis of P� DL 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 Publ STATE OF MINNESOTA COUNTY OF HENNEPIN � MAFY ANN JOHNSON On this day of , 20_, , �'�weuc-M1NNE5pTA _personally appeared before me, '"' � ��OR1"�'''r0"��31,20°' who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/�rmation , a credible witness � Page 4 of;;6 . � , y ► � � O� O O • �� CITY of ORONO . s ,� .,�. � . . � ti �',� G'�' RESOLUTION OF THE CITY COUNCIL . �`4kES�I�g'� N0. � � � � � 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�6� f: , �� : . � .f 4 7 6�`� � �'�� h' i '�: --�- .� .;�..� � . . � � �4 .2 r� ..._ � 1. 9 � �' ^ ._ 56.0 � 956.0 � �^ �� • 1 207 '° � '' I 2' g 6 t� 1 1 � � 948.0 �' � � o � o,a. � „ � s a "� o X 949 � � ' ad .3' � a� � o . � o � � �c�Q� + N PROPOSED � �fVG �� ` i �' . w � .\ 10. �� .+� � � � • ��/ g � '29.7 M M �2� CCdO� ��1 �6 E/m a• .-:\ � � 25.5 1 �� i m � t . s. ` 20' E/m �— � � \ � 0 956.0 n :g �, �� a � `�� . � _� ` .� � -- s.a � �, --20.4-� ---1-- 49.3 -� � �, � ; �` �2��,_� e � � Zi`.'1 ��2� � Ft ., � �,ti � Q� � �� Existi�g'- 1`' , O` � .` i w o > Sto�y stucco tuck unde� '� : � � � `� � 55.2 �`279�' � -_,__- � -- � 12'P/ne � Kbod Re�.Nb//?S Sq� FL ' � - . � # ` '- 1 � Deck � � y� ..f0" Pine� ` � ?82 S� fG N � 9 a � � 10'Pine � � " 78' Spruce' '�"" -"�' 9.9 � 10 �Boxe/der� � �8'Sprvice + � � i . 12' Pine � i `� \`�S '� '�'��P� •� 12 Pine � � p '�T � � . 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