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Home My WebLink AboutResolution 4184 ��..� � O� . • O O �b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`qI�E p4�G . NO. � 1 � � . .� SH 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) AND SECTION 10.56, SUBD. 16 (L) (2) FILE NO. #2429 WIiEREAS, Jeffrey Brauchle and Elisa Schoonover (hereinafter "the applicants") � are the owners of the property located at 650 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, "Auditors Subdivision No. 362, 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 applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the replacement of a residential deck 63' from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 � (L) (1) to permit 821 s.f. (1.7%) of hardcover where 0% is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,319 s.f. (47.7%) hardcover where 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: ' . FINDINGS 1. This application was reviewed as Zoning File #2429. 2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of 1.38 acres or 60,040 sq. ft. � Page 1 of 4 ' � �� O O �b. - CITY of ORONO � ' � '�' RESOLUTION OF THE CITY.COUNCIL . �L�kE H04�G NO. _� � � � ". � S 3. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The lot is very wide and narrow, resulting in most of the lot being within 7�' of Lake Minnetonka. B. The replacement deck would have the same footprint as the existing deck. C. A variance was granted by the City Council to construct the residence 27' from the front lot line. D. Removal of underlain plastic hardcover would remove 556 s.f. of. • additional hardcover from the property. 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; 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 tlie 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 Gity Council hereby grants variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the replacement of a residential deck 63' from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.�6, Subd. 16 (L) (1) to permit 821 s.f. (1.7%) of hardcover where 0% • is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,319 s.f. (47.7%) hardco��er where 25% is allowed. Approval was subject to the following conditions: � Page 2 of 4 O � � � O O ��. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL . ��`9.$E gp4�'� N O. � S . 1. The property owners shall remove all plastic located on the property underlain below landscaping rock and wood chips. 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 this variance � will expire on that date (October 26, 1999). 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 a�id 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 of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: � � w� � �� Linda S. Vee, City Clerk Gabriel abbour, Mayor ��1 �� '��' �'' �}�'�"-lG�'r'�� Properly Owner (s) � � Page 3 of 4 . _, - .,t�...�, .. � O� . , O O � CITY of ORONO .D, _ � ti . '� RESOLUTION OF THE CITY COUNCIL -��k'E Kog'�� No. 4 A � 4 "� � s STATE F 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. . a��•• JAMIE L.GEMAR �'.' ` � IJOTARY Pi161�C-MINNESOTA • �' HENNEPIN COUNTY • •M ►yly Cortnni5s}on ExPires Jan.31,2000 No Public STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this ,5-� day of , 199� before me a Notary Public within . and for said county, personally appeared ��i�v`�'i..`�c�,ho-rrncu.e•s� ih�-�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. �'.`•• JAMIE L.GEMAR ' :�"' r` • NOTARYPUBLIC-MINNESOTA � ;•� : .: HENNEPIN COUNTY �--» MyCommlSSlon6cpfresJan.3�,200o NOT PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of ��eyh�eh , 199�? before me a Notary Public within and for said county, personally appeared �r�,i �jvnv��e, mGr►^; f� �I�su, ��►eonaver known to me to be the person(s) descnbed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � CAROLE A.HASEMAN ` NOTARY PUBLIC-MINNESOTA ' • `� �,o�;-t��-�'';.' H6NNEPIN COUNTY NOTARY PUBLIC Y ��•�° My Cammission 6cpires Jan.31,2000 .�<, _ ... . � Page 4 of 4 .