HomeMy WebLinkAboutResolution 3774 :
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�� G'�' RESOWTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A VARIANCE TO
MUI�TICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #2168
� WI�REAS, Todd A. Rooke and Donna M. Rooke (hereinafter "the applicants")
are owners of the property located at 4190 Highwood Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 30, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the
property"); and
• WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 2 to permit construction of 12'x16' main level deck
at the northwest corner of the residence located within the 75-250' setback area of the properry
where 2,626 s.f. or 55% is proposed and where 25% is allowed. Hardcover in the 75-250'
� setback area exists at 2,626 s.f. or 55%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2168.
2. The property is located in the LR-1B, Single Family Lakeshore Residential
Zoning District requiring 1 acre in area. The property consists of 11,994 s.f. or
.275 acre.
3. The Orono Planning Commission reviewed this application on September 16, �
1996, and recommended unanimous approval of the variance as proposed based
upon the following unique findings and hardships:
,
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��� �L'�' RESOLUTION OF THE CITY COUNCIL
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A. 40% of the azea of the properly is located within the 75-250' setback area
at 4,775 s.f. The total area of the property consists of 11,994 s.f.
B. 1,364 s.f. of hardcover unprovements within the 75-250' setback area
consists of retaining walls, exposed aggregate and rock over plastic. The
majority of improvements are located within the west yard where the
topography is at its steepest. Landscape plastic and aggregate rock help
to reduce erosion.
C. The proposed structure will meet all required setbacks.
D. Structural coverage on the property will not exceed the allowed 15%
proposed at 13.07%.
• E. The proposed deck is smaller than the deck that e�sted on the west side
of the property.
4. The City Council fmds 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 tr�c 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.
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 above findings, the Orono City Council hereby
� grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction
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�b_ - CITY of ORONO
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�� �,'�'F RESOLUTION OF THE CITY COUNCIL
� ��kESH��� NO. :� '�' "� �
of a 12'x16' deck at the northwest corner of the residence and grants a 1,432 s.f. or 30%
hardcover variance within the 75-250' setback area, 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 (September 23, 1997).
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.
� Adopted by the Orono City Council on this 23th day of September, 1996.
�
AT ST:
.
Dorot y . lin, City Clerk Edwar J. lahan, Jr., l�✓Iay
���w `/�
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23th day of
September, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
• of the City. , . _
.�,..�•. LINDAS.VEE -�� --� �v-��'�
r` ■ NOTARY PUBLIC-t�111dNESOTA �o ary Public
' =^ - ' HENNEPIN COUNTY
r� ��*�•••°� My Commission Expires Jan.31,2000 ,
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� G'�' RESOLUTION OF THE CITY COUNCIL
� ��kESHOg'� NO.. �e� '7 '7 4
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
On this �-�ti day of ���'.��,6P� , 199 G ,before me a Notary Public
within and for said County,personally appeared�_RM�,,,,�rr;�� �J�,,,,„4 /�. R��+/t P
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.
o�=� ��if�v�C p�d/
r., CAROLE A.HASEMAN
� NOTARY PUBLIC-MINNESOTA Notary Public
HBNNEPIN COUNTY
�`����•r� My Commissfon Expires Jan.31,2n00
�
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this �,2 d day of �� ��,�j-P/ , 199 �o ,before me a Notary Public
within and for said County,personally appeared A o n n a �11. sY a 6�e, m��nP,D � Tod� ,�• /2od��
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.
� �//Y!/',�� ,�• (/�Il��
I\Totary Public
° '•"`• LINDA S.VEE
�V"� �` � NOTARY PUBLIC-�dINNESOTA
a'•'� >".� HENNEPINCOUNTY
� `°^`'° My Commission Expires Jan.31,2000
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