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Home My WebLink AboutResolution 4777 , . �� O� . • O O ��e. - CITY of ORONO � � �� G�' RESOLUTION OF THE CITY COUNCIL ��SH�4'� NO. 4 "� °� '� A RESOLUTION RENEWING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10:56, SUBDIVISION 16 (L) . FILE NO. 02-2757 WHEREAS,Terrance C.Johnson and Jonell Johnson,(hereinafter"the applicants") are owners of the property located at 1045 Linden Lane within the City of Orono (hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and • WHEREAS, the applicants have applied for renewal of variances approved per Orono Resolution No. 3186 for variances to Municipal Zoning Code Section 10.22,Subdivisions 1 and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence and an attached garage, such construction constituting hardcover of 812 s.f. (7.2%) in the 0-75' lakeshore setback where 0% is allowed and 5,451 s.f. (40.5%)in the 75-250' lakeshore setback where 25%is allowed; 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 ori March 18;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#02-2757. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. • Page i of i i�� /� �� o o � ��d. - � C ITY of ORONO � � . �� G'�' . RESOLUTION OF THE CITY COUNCIL ��sKO4`� � N0. 4 `� �' � 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 6 to 1 based on the following findings and hardships: A. The fmdings noted within Resolution No. 3186 are still valid. B. There have been no Zoning Code revisions that have changed regulations as . they apply to the project as presented. C. The properry owners have stated they plan to complete the project in�stages. Any permits being applied for following one yeaz would require a new variance application. 4. 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 will not adversely affect tr�c 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 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 renewal variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16(L)to permit the construction of additions to the existing residence and an attached gazage,such construction constituting hazdcover of 812 s.f.(7.2%) in the 0-7�' lakeshore setback where 0%is allowed and 5,451 s.f. (40.5%)in the 75-250' lakeshore setback where 25%is allowed subject to the following conditions: � . 1. The property shall be developed in conformance with the site plan as approved per Resolution No. 3186. Page 2 of 6 i�� /� O ^ � � O O . ��b_ - C ITY of URONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ��`qkE p4�'G � NO.� � `� °� `� � �SH . 2. Hardcover is approved at a level of 7.2% in the 0-75' setback,40.5% in the 75- _ 250' setback; and 23.3% in the 250-500' setback. 3. The City Engineer reserves the right to monitor the drainage situation on the the property. The City may require modifications to the site plan from time to time to protect the applicant's property and adjacent properties. • 4. Any replacement to the existing foundation beyond the approvals granted in 1992 shall require a new variance application, except for 42" frost footings that shall be � added below the southwest side of the foundation and any additional structural work that is required to that section of foundation to meet State Building Code standards. � � 5. Authorities granted by the 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 � (March 25, 2003).. . 6. Violation of or non-compliance with any 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. 7. The undersigned owners 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. Adopted by the City Council of the_City of Orono, Minnesota at a regular meeting held on the 25th day of March,�2002. - . . � ATTEST: � . � . . � �_,____,� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ican � Page 3 of 6 �----- • �� . � o o . � ��b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`qk'E p4�G . � No. 4 � � � �sx STATE OF MINNESOTA COUNTY OF HENNEPIN '. The foregoing instrument was acknowledged before me on this 25th day of March,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. JACKIE YOUNG � NOTARY PUBLIC-MINNESOTA � .,�ti t,�y Commission Expires Jan.31,2005 Notary Public STATE OF MINNESOTA� � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � S� day of • ' �pr�/ , 200 � by Linda S. Vee, City Clerk of the City of Orono, a Minnesota muri pal corporation and said instrument was executed on behalf of the City. `��. RACHEL DODGE �;� �.� .�;,._:,. �.. e�p a�l zgs,��z-; NOTARY PUBLIC-MINNE^OTA �—" .`��>` My Commission Expires Jan.31,2005 �� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this �7th day of /��Q�/ , 20 d� .J o n �// J o fi�v S o h; �1�-R�;P� . 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. �� `'"�' MAF?Y REr�!JOHNSON � ,`�_�.. Notary P lic • : ' �:• NOTARYPUBUC•MWNESOtA �°.�°°'` M�r Corranlssbn Exptres Jan.31,20� ,,.,;,, Page 4 of 6 �i� 7 O� ' � O O ��b. - CITY of ORONO � � � . �� G�' RESOLUTION OF THE CITY COUNCIL . ��kEsxog'� . . rvo. �4 '7 7 � � . STATE OF MINNESOTA COUNTY OF HENNEPIN Onthis�7thdayof /��R�� ,20oz �'�erL�qnC � G'. �ohnSo�►, ►'�'I� �'�' �'�' personally appeared before me, who is personally known to me � whose identity I proved on the basis of /yI� p�- � 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 Pt�lic ' � MARY ANN JONNSON � � ` .� NOTARY PUBLtC.MINNE50Tq • � � . . �"`� ��PUes Jan.31,2pp5 • Page 5 of 6 • . . . �. - . • , . , . � � �' � � . .. ... . .. EXHIBIT A . ?,EvAL DESCRIPTIO:: ' � ' ' Lots 4 and �; anc• tha� �ar� oE Lot 12, descri4ed as fcllows: 3eginning at the Plor�%iwest corner oE T.ot 12; thence East along the North line of said Lot •12 a distance oL• 155 ceet to a point oE intersection with a straight line drawr. from a point on the Soutn line of Lot 10, 84 Eeet. East al.�ng said South line Erom the Southwest corner• of said Lot 14; - � thence Southerly along this last d�scribed line a distance oE 52 feet; thence West par- allel with the North line of Lot 12 along a line hereinaster referred to as Line "A" to , a point on the west line oi said Lot 12; thence Northwes�erly along said West line o=. . _ Lot 12 to the place of beqinning, including •that part of Northeasterly 1/2 of Linden Lane, vacatad lying betweeA the ext�nsions westward oL the �orth lirie of said Lot 12 a::3 of the line above described and designated as Line "A". T::a� part of the Southwesterly hal.f of vacated Linden �Tane lying between the ex'�ensions across it oi the North l.ine of said Lot 4 and the�5outn line of sai,d Lot 5; all in "Lin- den Beach", according to the plat thereof on file or of record in the OfEice of the Reg- is�er oE De�ds in and for said County. Lot 4, Block l , rorest Lake Park, accordinc to the plat thereof on file or of record in the Office o; �he Register oE Deeds in and for said Ccunty. � " ' , . ' � . • •• . Page 6 of 6