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Home My WebLink AboutResolution 3748 _ L .r.. ,�; �: � O� • O O ' . b. - CITY of ORONO � � . ��: �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. e� � 4 � -� A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 � FILE NO. 2131 , .. WHEREAS, Larry W. Karkela (hereinafter "the applicant") is the owner of the properiy located at 4149 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 22, Highwood, "Lake Minnetonka" Hennepin County, Minnesota (hereinafter "the property"); and , VVH�REAS, the applicant has applied to the City for after-the-fact variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C) and Section 10.22, Subdivisions • 1 (B) aud 2 to allow applicant to complete construction of an upper level deck placed at the � lakeside of flie residence to be located 21' in front of the average lakeshore setback line where no such encroachment is allowed, the improvement will result in an increase of 14.9 s.f. or 0.1% increase of structural coverage where 20.3% exists and where 20.4% is proposed and where 15% is allowed and the improvement will result in a reduction of 39.1 s.f. or 0.6% hardcover in the 75-250' setback area where 2,882.8 s.f. or 41.6%�e�cists and where 2,843.7 s.f. or 41% is proposed and where the Code would allow 25%. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2131. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. Tlie property consists of 10,374 s.f. • Page 1 of 5 � o� � � o 0 �b. - CITY of ORONO � F ��: �G'�' RESOLUTION OF THE CITY COUNCIL . �kESH.04 NO. 3 � 48 3. The Orono Planning Commission reviewed this application on July 15, 1996 and recommended approval of the variance application as amended based upon the following unique findings and hardships: A. The existing topography and location of mature plantings minimize the . visual impact of the upper level deck on the views of the adjacent . residence. B. The City has received written confirination that the adjacent residents at the east and west side of the property have no problem with the proposed improvement and encourage the Council to approve applicant's deck. C. 3' upper level walkway deck does not provide adequate room for an outdoor dining area adjacent to upper level kitchen/ dining/living room • patio doors. D. The proposed improvement will result in a reduction of 0.6% hardcover within the 75-250' setback area. 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. 5. 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 variance on the health, safety and welfare of the community. � � � , • Page 2 of 5 . � O� . O O • b. - CITY of ORONO � � ��_ �G'�' . RESOLUTION OF THE CITY COUNCIL . �kEsxo�' No. � 4 $ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above that would permit the completion of the construction of an upper level deck and grants a structural coverage increase of 14.9 s.f. or 0.1%, and hardcover variance of 1,276.3 s.f. or 18.4% and a 21' encroachment of the average lakeshore setback line, subject to the following conditions: 1. Applicant shall obtain a penalTy building permit before proceeding with construction on unf'inished deck. Applicant to contact Building Official to determine what type of information will be needed to complete the filing of the building permit application. 2. Existing hardcover improvements consisting of 50.6 s.f. of lower level deck and • plastic underliner beneafli deck to be removed prior to the framing inspection by the Building Inspector. 3. Authorities granted by this resolution 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 (August 12, 1997). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. • Page 3 of 5 ,. � O� • O O b - C ITY of ORONO � F . ��, ��'� RESOLUTION OF THE CITY COUNCIL . `�kESxo�' No. 3 '7 4 � Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of August, 1996. ATTE : . � orot y M. H llin, City Clerk Edward J. Callah- , Jr., Mayor f-C� % Prop Owner (s STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1996 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. �� ` . No ublic �.'"'• JAMIE L.BOSMA ` � NOTARY PUBLIC-MINNESOTA ; � :' � HENNEPIN COUNTY •,-•��°� My Commission Expires Jan.31,2000 • Page 4 of 5 , � � O� - • O O b. - CITY of ORONO � � ��. �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4� NO. 3 "r 4 S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ` '� day of � � , 199�, before me a Notary Public ,within and for said County, personally peared known to me to be the person(s) described in an who xecute the foregoing inst ent, a;id acknowledged that he (they) executed the same as his (their) free act and deed. . ..:-.,:�� ,� - i �Y•�•. JAMIE L.BOSMA u.(./ ' ; ;y"' " �' NOTARY PUBLIC-MINNESOTA • �- .•- ' HENNEPIN COUNTY NOt1 11C •�IMM��e• My Commission Expires Jan.31,20�0 STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNr�IN ) � 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