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Home My WebLink AboutResolution 4666 • 7r- „oh, 770 O CITY of ORONO 1�A � � 1 ,AX �p� RESOLUTION OF THE CITY COUNCIL 4kENO. 4 6 6 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1(B) AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO. #01-2683 WHEREAS, Richard B. Benson and Barbara A. Luikens, (hereinafter "the applicants") are the owners of the property located at 776 Brown Road North within the City of Orono (hereinafter "the City") and legally described as follows: Tract D, Registered Land Survey No. 1275, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow encroachment of 70' into the average lakeshore setback to permit lakeside decks to be replaced. 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 June 18, 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 #01-2683. 2. The property is located in the LR-1A Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.72 acres or 74,960 s.f. 3. The Orono Planning Commission reviewed this application on June 18, 2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 4 141 0.N. ICI t 0 _., tab CITY of ORONO A 'AT Jr \�. I Ivoo~ ,� RESOLUTION OF THE CITY COUNCIL \\kESH0� NO. 4 6 6 6 A. The decks existed for many years in the same location of the proposed new decks. B. The house and decks were constructed prior to the adoption of the zoning ordinance. C. Encroachment into the average lakeshore setback will not adversely affect the neighboring property views. D. The hardcover in the 75-250' zone will not change nor will structural lot coverage with the replacement of the decks. E. The decks are located approximately 150-175' from the shoreline. 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 applicants; 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 10.22,Subdivision 1(B)and Section 10.56,Subdivision 16(C)(6) to allow encroachment of 70' into the average lakeshore setback to permit lakeside decks to be replaced. Approval is subject to the following conditions: Page 2 of 5 zz_____,________, .4. 0 4,. O 0 .. ,� CITY of ORONO OA?1�1. ti % RESOLUTION OF THE CITY COUNCIL \� .ES Oj NO. 4666 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. 2. 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 these variances will expire on that date (June 25, 2002). 3. 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. 4. 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 or Orono, Minnesota at a regular meeting held on the 25th day of June, 2001. ATTEST: 1 ,I-i _ Oi / / Li i s a S. Vee, ;rk Barbara A. Peterson, Ma or CU1 �l i/. ' CIIS-y-,‘ Property Owner(s) TRANSFER ENTERED HENNEPINcofrrr rAx''AYERg Page 3 of 5 JUL 11 71101 f BY up fi%NN et 7 �r / QEP,ry /ev. 7. ` V /O CITY of ORONO Ai(; ,. \\'� �i 11 O' RESOLUTION OF THE CITY COUNCIL <4 NO. B B STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of June, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota muni - • t was executed on behalf of the City. • RACHEL DODGE �� z `..-' NOTARY PitSLIC•ME= My Cannilmion Wiles Jan.31,2005 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this - r day of L--iv , 2001, before me a Notary Public within and for said County,personally appeared 1 crlar d 13 • 13ensan, fy-Aa_ ry ed known to me to be the .erson s descri•-• '. . d who executed the foregoing instrument,and acknowledged t " - . ..- as . (their) free act and deed. NOTARY PUBLIC.MOMOTA My Commission Expba An.31,2006 !` -�� /-/ f-t._. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 4-5-74 day of Ju/y , 2001, before me a Notary Public within and for said County, personally appeared S a Q 1)a, a- 11-• --4' K e r) s , m a 2 r2, e 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. --11/� Notary Plic . MARY ANN JOHNSON ti b. NOTARY PUBLIC-MINNESOTA My Cann isaion Expires Jan.31,2005 lti 4 Page 4 of 5 Exhibit A CER T FICATE OF SURVEY FOR RICK BEIISON .I OF TRACT D, R.L.S. NO. 1275 HENNEPIN COUNTY, MINNESOTA 4 6 6 6 a-soo L.113924'00* EAST 501 28.00 d-9- ,�" 11,1 �ti5.89 6 t!' xi / $ ia €..0124G1111011 .,et-IC‘ 4'. "" e" - —.. ' � i /rve;c re Lki--—k0 e — ri1 ,�� yP AGx,CK „in :o :� 4 �� ti p05TWG HOUSE Rn i i. a __ \ .. /'.,-;0 l';'' /' .,a x\ .. ,vva' 2'`Og "9sM� ... \/ H 01.'4' % ' vOtJG • LEGAL DESCRIPTION OF PREMISES: s.1 Tract 0, Registered Land Survey No. 1275, 13 files of the Registrar of Titles, Hennepin County, Minnesota , This survey shows the boundaries of the above described prop- erty, the location of on existing house, shed, decks. and other visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. o " Denotes iron monument Bearings shown ore based upon on assumed datum Usa<a RT;V19Cr WT[ ocsc,PTnt I/ER0e1 avrr,Dui n* .uuI s c cvm,(a1',MAI %CAC GRONBERG A ASSOCIATES,INC. u T"l"Lo,r,,ire.ROR; 1"-30' OA. 4 aaaunc OOELRS LAN)5Leetta.91E RAMOS 5't'01 um Kim*O M SLR Cr wreso 4 DSR « I 482 TAWRACX AVEM.E.L0110 LAKE.IK 55158 .� 5/23/01 952-473-4141 ��L'd`1 A% Dm ..r-{/{I v, un=MSC MAW "7tr 01-1313 6 ••••••,/ .� . (. ' ..— c."\Ljll�� Page 5 of 5 copy ,,,,,t;/t( OFFICE OF i He REGISTRAR Oi:T!"�L ES HENNEPIN CC,',NTY, MINNESOTA CERTIFIED FILED ON '1(\, JUL 2 6 2001 \ V ' REGISTRAR OF TITLES BY------- DEPUTY