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Home My WebLink AboutResolution 4489 /;'ik, -.4, 7334867 K CITY of ORONO "Sk� ii^�� G~ RESOLUTION OF THE CITY COUNCIL <9.kE� % NO. 4 4 8 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L)(1); 16(L)(2) Metro i_ 1rervices InfILE NO. 2590 Box 491 WHEREAS, Dennis M. Stanton and Becky L. Stanton, husband and wife, (hereinafter"the applicants")are the owners ofthe property located at 3325 Crystal Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 15 to permit the patio to be located at the lot line where a 2' setback is required; Section 10.22, Subdivision 16(L)(1)to allow 1,512 s.f. (55.0%)of hardcover in the 0-75' setback area where 0 s.f. (0%) is allowed and 1,592 s.f. (57.9%) exists for removal of a concrete sidewalk; Section 10.22, Subdivision 16 (L)(2) to allow 643 s.f. (64.95%) hardcover in the 75-250' setback area where 247.5 (25%) is allowed and 707 s.f. (71.4%) exists to permit the replacement of a deck. 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 19,2000, 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: Page 1 of 6 __ (.-;;LA. 0.4?. K CITY of ORONO IA� 0111 �~ RESOLUTION OF THE CITY COUNCIL t9kESH0.0..4 NO. 4 .` . 8 9 FINDINGS 1. This application was reviewed as Zoning File #2590. 2. This property is located in the LR-1C Zoning District,where .5 acre or 21,780 s.f. is the minimum lot area. The property consists of approximately .114 acres or 4,956 s.f. 3. The Orono Planning Commission reviewed this application on June 19, 2000 and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is not increasing. B. The 0-75'hardcover on the lot is decreasing to 1,512 s.f. (55.0%)from 1,592 s.f. (57.9%). C. The 75-250'hardcover on the lot is decreasing to 643 s.f. (64.95%)from 707 s.f. (71.4%). D. The existing deck is located partially within the right-of-way of Dakota Rail property. E. The Planning Commission finds that it is beyond the scope of the City's authority to grant a variance to replace the deck in its current location because part of it encroaches into the Dakota Rail right-of-way. D. The lot is extremely undersized for LR-1C. 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 variances 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; Page 2 of 6 ON.- /00 �_.��: �,�. CITY of ORONO lek1/1 � i�� ,� RESOLUTION OF THE CITY COUNCIL 9 4� / NO. (; �kESH�j 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 variances to Municipal Zoning Code Section 10.03, Subdivision 15 to permit the patio to be located at the lot line where a 2'setback is required; Section 10.22, Subdivision 16(L)(1)to allow 1,512 s.f. (55.0%) of hardcover in the 0-75' setback area where 0 s.f. (0%) is allowed and 1,592 s.f. (57.9%) exists for removal of a concrete sidewalk; Section 10.22, Subdivision 16 (L)(2) to allow 643 s.f. (64.95%)hardcover in the 75-250' setback area where 247.5 (25%) is allowed and 707 s.f. (71.4%) exists to permit the replacement of a deck. Approval is subject to the following conditions: 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 these variancL .un 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 26, 2001). 3. Violation of or non-compliance with any of the terms and conditions of these variances 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. Page 3 of 6 /� 0 k /O 0 =_^, tip,- CITY of ORONO \ ,4) .� ' ��1I� G~ RESOLUTION OF THE CITY COUNCIL �� 1 � 4�'/ NO. 4 4 ' Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 26th day of June, 2000. ATTEST: ..;< Linda S. Vee. City Clerk Gabri: Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26nd day of June, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. titil kJi H. . 1 * tr GREGORY A.GAPPA � i�' / i.c NOTARY Pusuc. soe_S / y-l/ 'MY C°m"�ion E Jen.31,zoos N Notary Page 4 of 6 A;?. 0 (( 0 O ,,p. _ CITY of ORONO c.) RESOLUTION RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this L Ej-r\'1 day of J 4,4 i) y , 2000, before me a Notary Public within and for said County, personally appeared 0(1)r\s IV11c d,� r,i,(41 15k`��C;f l lit r�� C 13(4 5 (I known to me to be the person(s) described in and who executed the foregoing instrument, and rine,/ [iji acknowledged that he (they) executed the same as his (their) free act and deed. .. Not. PArc "j; GREGORYA GAPPA ` '' . NOTARY PUBLIC.MINPOOTA My Commission Expires Jan.31,2005 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,2000, before me a Notary Public within and for said County, personally appeared 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. Notary Public Page 5 of 6 Exhibit A �Q, 4489 • '0* .4 4 . ,,, c 0 ti ')" dintS) 1 p 4. ; , e .00P , o 1, 4°4? % 1 ,y • LA •. '� EXISTING ,HOUSE n ik4 \...: . .\ .se, NO\ \ * 1° 1 DPf Xz l,as_pt N. ". 4 dy, , ') ��0Sbf`r ' ' • �..,� ' k o le CLP /. 4 ' 449 I t .7I( .7/ i417 ,LOQ sel -Z.-/ V 7 :.: . - , Page 6 of 6' . -' � Y &‘) 7334867 OFFICE Of Ca.-III RECORDER HENNEPIN COUNT Y.MINNESOTA CERTIFIED;I C AND OR RECD/I DON 00 AUG AM 8: 49 47334867 CO.REC. J . , . PUTT �fiCF ;��PV /�