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Home My WebLink About#04-3047 Recorded Resolution 52544100920 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ ~ 5 4 A RESOLUTION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 (B) FILE NO. 04-3047 WHEREAS, Brnce F. Meese & Maureen E. Murphy, husband and wife (hereinafter "the applicants") are the owners of the property located at 313 5 Casco Circle within the City of Orono (hereinafter the "City") and legally described as follows : o~~,\f (fl t Lot 41, that part of Lot 64, that part of vacated Lake Shore A venue, and that paii of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the N01ihwest corner of Lot 41, which point is marked by a Judicial Landmark set pursuant to Ton-ens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of 219 .07 feet, which point is marked by a Judicial Landmark set pursuant to Toneris Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence North to the No1iheast comer of Lot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly corner of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southwesterly along said parallel line a distance of 68 .94 feet, more or less to a point 4.00 feet Southwesterly along said parallel line from its intersection with the extension North of the West line of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case No. 16333; thence Southerly a distance of 51.35 feet, more or less, to the point of beginning; all in SPRING PARK, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono " for a renewal hardcover and lake setback variance to Orono Municipal Zoning Code Section Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to remain in the 0-75 ' zone, such deck and retaining wall constituting strncture and 6% hardcover (excluding allowed stai1way access) when no strncture and 0% hardcover is normally allowed . Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _______ _ NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mi1mesota: FINDINGS 1. This renewal application was reviewed as Zoning File #04-3047. The original application was reviewed as Zoning File #03-2936. 2. The property is located in the LR -1 C zoning district, which requires a minimum lot area of ½ acre and a minimum lot width of 100 feet. The applicants' property is .49 acres and has a width of 60 feet. 3. The Plaiming Commission reviewed this application at a public hearing held on September 20, 2004 and granted approval of the renewal hardcover and lake setback variance for the 0-75' zone based on the following City Council findings of original 2003 application: a. The nature of the property in the 0-75' zone is steep slopes being supported by retaining walls. b. Currently, the existing lakeshore deck is bolted to a concrete retaining wall which is supporting 8' of earth. c. After engineering reviews, the interdependency of the wall on the deck is inconclusive; however, Council action to require removal of the deck may have unintended negative consequences. Should the deck be required to be removed and detached from the retaining wall, there is the potential that the retaining wall may fail, subsequently causing . slope failure. d. The existing conditions of the retaining wall and attached deck support the slope. e. Absent the unique conditions noted above, the lakeshore deck would normally not be allowed to remain, as it is a nonconforming structure and the property is undergoing a complete teardown/rebuild of the principal structure. Page 2 of 6 CITY of ORONO 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed renewal variance on the health, safety and welfare of the community. 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 renewal variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring prope1iy; 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal hardcover and lake setback variance to Orono Municipal Zoning Code Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to remain in the 0-75' zone, such deck and retaining wall constituting structure and 6% hardcover (excluding allowed stairway access) when no structure and 0% hardcover is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require fmiher Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the 6% level. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Should at any point in time the retaining wall or deck need to be replaced, the lakeside deck must be removed in its entirety and shall not be replaced. Also, the slope must be re-vegetated with plant material approved by City staff in the event that the deck is removed. As allowed by Section 78-1282, a 32 square foot Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 5 4 landing may be constructed in the 0-75' zone in the event that the deck is replaced but under no circumstances may a 32 square foot landing be constructeci in addition to the lakeside deck. The existing lattice work below the deck shall be · replaced by vegetation. 4. · · Authorities · granted by this -resolution run with the prope1iy -not with the .. applicants, but are permissive only and must be exercised by obtaining a building permit for the construction of the new house within one year of the date of Council approval, or the variance will expire on that date (November 22, 2005). 5. 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. 6. The undersigned applicants have read , understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the prope1iy. ~ ... Barbara A. Peterson, Mayor Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 2 r::. il NO. Q}} :?? The foregoing instrument was acknowledged before me . on this ). _ day of tJ ov. , 2004 by Barbara A Peterson, Mayor of the City of Orono, a Minnesota ·municipal corporation and said instrument was executed art behalf ofthe City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public ( ~,+-- The foregoing instrument was acknowledged before me on this _ day of ~~:I....U.!:::'.b0:::::.., 2004 by Linda S. Vee , City Clerk. of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City. ~~~HHi!!!!'iJ ~?-,3a""t" ·) 4 '· . , RACHEL D .. er: ( , NOTARY PUBUC-f,I:::;: :G::>T ,· \, / My Commisslon Expires Jan. J ,. ;y_;:r; \ ..... Notary Public ·"~ ">;p ~see ee eeeeeaeei:~: Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ !i 4 State of Minriesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this f:i!!:d ay of Dec~, 2004 by BruceF. Meese, husbai1d of Maureen E. Murphy. RAG SILUS BARBA M\NNES01A NOTARY PUBLIC_-J 31 2008 M'/ commissio n Expires an. , State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me thisoo_ 1!rciy of .Dec~04 by Maureen E. Murphy, wife of Bru Page 6 of 6 \ '\ \ -w· ::: 932.0 10 961.f ss, ,- i--sso 940.6 .__oootNARY HIGH WATER LINE 929 ' •. I'S LOCA iED "'-INE 30, 200J LAKE MINNETONKA -- l ' + ~ i) 0 N a, 0 0 .-4 .:,- "100920 (i) q3 , /0 2o I OfFICE OF THE REGISTRAR ---1.A' F TITLES --fv HENN EP IN COUNTY, MINNESO TA CERTIFIED FIELD ON APR 1 2 2005 \J-f I l, Lf,-:;;-0 /O A)"'6 . -~- -~ ,/