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Home My WebLink AboutResolution 4607 , r - /�� /� �11�' . a � � ��e - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`�k� xog'�G � � rvo. 4 6 0 � �s A RESOLUTION GRANTING A VARIANCE - TO MUNICIPAL ZONING CODE , SECTION 10.56, SUBDIVISION 16(C)(1), FILE NO.2655 WHEREAS,Robert C.Lux and Nancy N.Lux,(hereinafter"the applicants")are the owners of the properry located at 1209 French Creek Drive within the City of Orono(hereinafter"the City") and legally described as follows: Lot 2, Block 1, French Creek, Hennepin County, Minnesota (hereinafter "the property"); and , WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C)(1)to allow replacement of a deck and addition to the west end of the residence that are both located within 150' of a Natural Environmental lake. � � 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 January 17, 2001, 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#2655. . � � 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District, where 2 acres is the minimum lot area. The property consists of approximately 1.36 acres. � 3. The Orono Planning Commission reviewed this application on January 17,2001 and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: � � Page 1 of 5 /Q . � � . � � � ��6 - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��9 4�'G � s �SII� NO. �D `� . A. The 150'Natural Environment lake setback was adopted after the residence � was built. B. Hardcover in the 75-250' setback zone will increase to 12,349 s.£ (24.8%), below the allowed 25%. C. Hardcover in the 250-500' setback zone will increase to 726 s.f. (17%), below the allowed 30%. • D. The structural coverage on the property will be 12.6%, below the allowed 15%. � E. The existing septic system must be partially relocated to avoid encroachments by the planned room addition. � • � 5. 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 variance 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. 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 a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C)(1)to allow replacement of a deck and addition to the west end of the residence that aze both located within 150' of a Natural � Environmental lake. Approval is subject to the following conditions: � Page 2 of 5 � //�� . % �� . • 0 0 - ��b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��`�kESHp4��' NO. �� . �D `�' � � 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as E�ibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Issuance of a building permit for the addition will occur after a septic design showing primary and alternate sites has been submitted by the applicant and approved by City � staff. The existing septic system shall be modified concurrent with the addition so that the septic system remains in compliance with City requirements. . . 3. 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 (February 12, 2002). 4. 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. 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 agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 12th day of February, 2001. . . ATTEST: � • U Linda S e, ty lerk Barb a A. Peterson, Mayor � � Properry Owner(s) � � Page 3 of 5 i�� /7 O� � O O ��b - CITY of ORONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL �9kESI3�4'� . NO. � s .� `� � . STATE OF MINNESOTA ) � ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February,2001 by Barbara A.Peterson and Linda S.Vee,Mayor and City Clerk of the City of Orono, a Minnesota � "��po�� ms ent was executed on behalf of the City. NOTARY PUBLIC-MINNE^OTA ,, � /� My Conunissbn Expires Jan.31,2005 �-�-�` ��`'� Notary Public STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � On this g`� day of /7'1Ci,�-' , 2001,before me a Notary Public within and for said County,personally appeared OI�Cr'� C'-• L-u��m•PaI known to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their)free act and deed. �:.�.c�� _ , /� r�`;�l��.DODGE �?r.�-C�2%� �ocaC�',/�¢- NOTAR`!i=iJBUC-MINNE:OTA Notary Public � My Canmissicn Expires Jan.31,ZA05 ' -.�.:�. STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) � On this `�^ day of ,2001,before me a Notary Public within and for said County,personally appeare 1L/��,t��'F[,/ � _G�-S� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their)free act and deed. _ -„4,��:,'.��-.r�,�' L �� a� �CHc��ODGE Not Public • NOTARY PU3LiL'-MINNE:OTA � ;a� My Commi:,sbn Expires Jan.31�2005 � Page 4 of 5 •� .. � " � � Exhibit A � 6 . . . o � -a • I � I ' � . 3 _ + � . ; A x; _°'' '� . M QS?sieioH X � 9 � \\\ R .g'' x % ` a 9 � '��- 77 R ` �� x� �_` —_, — — �- � � � ,I \ (y,�) \ _ `` � f 7 ' S i � z � ' e� �; � , /�it" . (/ � % `� i��\` , � ` 3 7. � � �� 5 / . . 3 �.. �_ �` ' a x � o ?. � x � � �_ � ..... 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