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Home My WebLink About#1842 Resolution 3314CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 io ·r 4J NO.'" ,·) .d. (•: A RESOLUTION GRANTING . VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.56, SUBDIVISION 16 (C-1) AND (L-1) FILE NO. 1842 WHEREAS, Thomas R. Browne and Sheila R. Browne (hereinafter "the applicants") are owners of the property located at 760 South Brown Road within the City of Orono and legally described as follows: The south 396 feet of the west half of the southwest quarter of the southeast quarter of Section 3, Township 117 North, Range 23 West of the fifth principal meridian, except the south 93 feet thereof, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.56, Subdivision 16 (C-1) and (L-1) to permit the-enclosure of an 8½' x 7' upper level deck located 56' from Tanager Lake where a 100' setback is required and where the structure already exists at 56', screen porch addition proposed at a 43' setback where a 100' setback is required and where a structure exists at 48', a deck addition attached to proposed screen porch to be placed 55' instead of 100' as required and where the existing deck exists at 55' and a 20' x 26' pool/deck structure to be located 59' from lake instead of the required 100'. Hardcover variances are proposed within the 0-75' setback area at 5,239.9 s.f. or 20.2% where 17.5% exists and where none is allowed NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1842. 2. The property is located in the RR-lB Rural Residential Zoning District requiring two acres of dry buildable area. The property consists of a total of 4.9 acres and has 41,315 s.f. or .95 acres of contiguous dry buildable area. Page 1 of 5 , Form SOOS Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL '!1 3. The Orono Planning Commission reviewed this application on July 19, 1993 and recommended approval of the proposed variances as amended based upon the following findings: A. The 4.9 acre parcel has approximately one acre of contiguous dry buildable area . B. Shoreland Regulations now require 100' setback for all strnctures from the Recreational Development lake that encroaches the property placing severe restrictions on the building envelope and making existing strnctures non- conforming. C. The existing septic system has_ been found to meet the 3' separation required by new Shoreland Regulations and septic code. D. The majority of the dry buildable area, approximately two-thirds of the dry buildable envelope is located within the 0-75' setback area where no hardcover or strnctural improvements are allowed. E. Strnctural setbacks for the newly classified shoreland property make it unbuildable for new development. F. Proposed structural improvements are at2,562.6 s.f. or 6.2%, well under the allowed 15 % structural coverage. G. Total hardcover based on the dry buildable portion of the 4.9 acre parcel is proposed at 5,998.8 s.f. or 14.5%. 4. 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 applicant, 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. Page 2 of 5 form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL et) ~~ ~ Ft NO. u (' 5. 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C-1) and (L- 1) approving an enclosure of an 8½' x 7' upper level deck, installation of a 19½' x 16' screen porch over an existing deck and a connecting deck addition of 250 s.f. and denies variances for a 20' x 26' deck/pool structure, subject to the following conditions: 1. 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 (August 9, 1994). 2. 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. 3. 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 5 fonn 5005 Di,k O!ooo CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ ~~tJ '8 NO. qJ) "l ·'-· Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of August,1993. Dorothy allin, City Clerk ~NJ_jl;3&¼o-. Property ""Owner ( s J STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of August, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My cornmissic•n expires B-12-96 Page 4 of 5 ~ Form500S Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. ';LJ '._z •. ~: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 9*'--' day of u. ·l. s+ , 199 i before me a Notary Public within and for said county, personally peared Tbewv11,s R. 8r6w(w (IMJ ,S'f, e:k t, Brow n-e , v:b 4 r r: e d 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. LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 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 5 of 5 form 5005 Disk Orono STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION 8314 I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the for e·g o in g copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on August 9 , 19 93 and that the same is a true and correct copy of sai~ resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 13th , day of ___ ,.__ September , 1 9...,9c...3.__ allin, City Clerk (SEAL)