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Home My WebLink About955 Tonkawa Road - Variance Files14�- J� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 565 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1279 AND REVISING RESOLUTION NO. 4908 FILE NO. 07-3308 WHEREAS, Russell Schumer and Judith Florestano, husband and wife, (hereinafter "Owners") are the owners of the property located at 955 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as: Lot 5, Block 1, Vasa Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have applied to the City for a variance to Municipal Zoning Code Section 78-1279 to revise the average lakeshore setback variance approved by Resolution No. 4908 to allow construction of a 16 foot deep pergola attached to the lake side of the house; 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 on August 20, 2007, at which times 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 #07-3308. 2. The Property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The Property is approximately 3.4 acres in area and 195 feet in width. 3. The Planning Commission reviewed this application on August 20, 2007 and on a vote of 4 - 0 recommended approval of the variance, based on the following findings: Page 1 of 4 RESOLUTION OF THE CITY COUNCIL NO. 5 6 5 a. Because of topography and the sight line established by the existing house the proposed pergola will have no impact on the sight lines of the house to the northwest of the Property. b. The house to the southeast of the Property is located closer to the lake than the house on the Property so the proposed pergola will have no impact on the sight lines from this house. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 revising the average lakeshore setback variance approved by Resolution No. 4908 to allow construction of a 16 foot deep pergola attached to the lake side of the house, subject to the following conditions: 1. Council approval is based on the site and pergola plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 65 3 permit for the new construction before August 27, 2008 or the variance will expire on that date. 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of August, 2007. ATTEST: inda S. Vee, City Clerk os� M. White, Mayor Russell Schumer STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2007 by Russell Schumer, husband of Judith Florestano. Judith Florestano day of Notary Public Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2007 by Judith Florestano, wife of Russell Schumer. Notary Public Page 4 of 4 ZONING FILE NO. 07-3308 EXHIBIT A RESOLUTION NO. 5 65 3 �� • 565� ZONING FILE NO. 07-3308 EXHIBIT B RESOLUTION NO. 14� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 5 3 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1279 AND REVISING RESOLUTION NO. 4908 FILE NO. 07-3308 WHEREAS, Russell Schumer and Judith Florestano, husband and wife, (hereinafter "Owners") are the owners of the property located at 955 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as: Lot 5, Block 1, Vasa Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have applied to the City for a variance to Municipal Zoning Code Section 78-1279 to revise the average lakeshore setback variance approved by Resolution No. 4908 to allow construction of a 16 foot deep pergola attached to the lake side of the house; 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 on August 20, 2007, at which times 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 #07-3308. 2. The Property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The Property is approximately 3.4 acres in area and 195 feet in width. 3. The Planning Commission reviewed this application on August 20, 2007 and on a vote of 4 - 0 recommended approval of the variance, based on the following findings: Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL • a. Because of topography and the sight line established by the existing house the proposed pergola will have no impact on the sight lines of the house to the northwest of the Property. b. The house to the southeast of the Property is located closer to the lake than the house on the Property so the proposed pergola will have no impact on the sight lines from this house. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 revising the average lakeshore setback variance approved by Resolution No. 4908 to allow construction of a 16 foot deep pergola attached to the lake side of the house, subject to the following conditions: Council approval is based on the site and pergola plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building Page 2 of 4 CITY of ORONO RESOLUTION OF TH� C4T� C5OUNCIL NO. permit for the new construction before August 27, 2008 or the variance will expire on that date. 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of August, 2007. ATTEST: r Linda S. Vee, City Clerk J mes M. White, Mayor Russell Schumer STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2007 by Russell Schumer, husband of Judith Florestano. Judith Florestano day of Notary Public Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2007 by Judith Florestano, wife of Russell Schumer. Notary Public Page 4 of 4 ZONING FILE NO. 07-3308 E)aMrr A RESOLUTION NO. 5 6 5 � i3�'1 .t12l3dU�Jd SMO'T7Dd 3.'N23d �' . 9-ai ToltM1 'i / r O0 L ----------- — — -`\``^'�G\ •i ,. ; .1.� -,.fit' . T — —: "ri �,; �VJ --- .:� •` \. 13p\ i+; 0 1 / o' \ N r I �' _ i�l ...-•1 f a !'. µ.� - _.� `, � �' Y'` .;� . �y.11-1 \ `� ,`, ..t ; `II ; �`I ;96, If C w � .'�� • •-` • ` � � 1 \ 1. , r , 1. !' ( 1 r ZONING FILE NO. 07-3308 EXHIBIT B RESOLUTION NO. 5 6 5 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on August 27, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this loth day of September , 2007. City Clerk (seal)