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Home My WebLink AboutResolution 4186 ..ry�--- �,r. � O� . • O O �b. - C ITY of ORONO � ti � G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' � . NO. � � � �'„'� . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBD. 1 (B); SECTION_10.22, SUBD. 2; SECTION 10.56, SUBD. 16 (L) (1); SECTION 10.56, SUBD. 16 (L) (2) AND SECTION 10.03, SUBD. 14 (C) . FILE NO. #2433 � WHEREAS, Dorie Finn (hereinafter "the applicant") is the owner of the property located at 1640 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Shadywood, Hennepin County, MN (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota •� Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the reconstruction of a residential deck 56' from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (25.8%) hardcover where 25% is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to allow 6,134 s.f. (57.02%) hardcover where 25% is allowed; and Section 10.03, Subd. 14 (C) to allow 31,018 s.f. (19.4%) structural lot coverage where� 15 % is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #2433. 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of 35 acre or 15,488 s.f. • Page 1 of 4 .._1 . €. � � O ' V • O O . �b. - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �L`9$E p4�'G � � , NO. � � � � � . � . SH 3. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of � to 0. 4. The Planning Commission made the following findings of fact: A. The deck was damaged on May 15, 1998 as a result of a wind storm causing a tree to fall on an existing deck. B. The deck was replaced in the same location and the same size as previously existed. C. The City does not have a building permit for the deck. The applicant has stated the deck was constructed in 1968. • D. The property has pre-existed as a legal non-conforming duplex which the applicant has stated no longer exists. 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 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 applicant and the effect of the proposed variances 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 10.22, Subd. 1 (B) to permit the reconstruction of a residential deck 56' from the lakeshore where 75' is required; Section 10.22, • Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (25.8%) hardcover where 2�% � � Page 2 of 4 � °� � o o . ��b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL �L�.kE o�� . No. 4 1 � 6. � SH is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to allow 6,134 s.f. (57.02%) hardcover where 25% is allowed; and Section 10.03, Subd. 14 (C) to allow 31,018 s.£ (19.4%) structural lot coverage where 15 % is allowed. Approval was subject to the following conditions: . • 1. Authorities granted by this variance run with the property not with the applicant, 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 (October 26, 1999). 2. 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. • 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her 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 of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. � ATTEST: . � � ��_ \�� Lin a S. Vee, City Clerk Gabrie abbour, Mayor � -'�-�-+�J Property Owner (s) Page 3 of 4 � . -,__..,.�_, � O� � O O � ��b. - C ITY of ORONO � � � G'�' RESOLUTION OF THE CITY COUNCIL , � L�kESH�4� . NO. � �. � � � STAT MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998 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. � .. C � <� .�., CAROLE A.HASEMAN :��"a'�• NOTARY PUBLIC-MINNESOTA c� ',`,�A�,. HENNEPINCOUNTY My Commission Expires Jan.31,2000 . _ � No ary Public STATE OF MINNESOTA ) ) ss. . • COUNTY OF HENNEPIN ) On this��lay of �v� , 199� before me a Notary Public within and for said county, personally appeared r� n-��rr ' 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. °""`•. CAROLEA.HASEMAN � NOTARY PUBL�C-MINNESOTA � ;j � '�' � •� HENNFPIN COUNTY � 't �°�-�� My Commission Expires Jan.31,2000 't ..��• NOTARY PUBLIC . STATE OF MINNESOTA ) � ) ss. � • COUNTY OF HENNEPIN ) On this _ day of , 199_ 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 4 of 4 � `y:�.a ~� � ♦ , n � City of Orono 2750 Kelley Parkway P.O. Box 66 � Orono, MN 55323 . . . Phone: (952) 294-4600 Fax: (952) 249-4616 MEMORANDUM DATE: June 26, 2000 TO: Street File - 2180 North Shore Drive Zoning File #2434 � FROM: Paul Weinberger, Zoning Administrator SUBJECT: Notice of Non-Signature (Expiration) of Resolution No. 4187 � The City of Orono is aware the "tipi" accessory structure that was approved per Resolution No. 4187 has been removed from the property. The City Council Resolution placed a condition that �, the structure was to be removed by October 27, 1999. A site inspection by Staff has determined the structure has been removed. The properry owners did not sign the resolution, therefore it has not been recorded on the chain of title for the property. Operators of the School do not intend on having the Resolution recorded since it was a "temporary" conditional use permit. �