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Home My WebLink About#03-2936 Expired Resolution 5058EXP IRE D CITY of ORONO RESOLUT I ON OF THE C I TY COUNC I L NO. 058 -------- A RESOLUTION GRANTI1'G VARIAL~CES TO MUNICIPAL ZONING CODE SECTION 78-282 AND SECTION 78-1288 (B) FILE NO. 03-2936 WHEREAS, Bruce F. Meese & Maureen E. Murphy, husband and wife (hereinafter "the applicants") are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the "City") and legally described as follows: Lot 41, that part of Lot 6-L that part of vacated Lake Shore A "\-enue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest comer of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens 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 Torrens Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection v.ith the southerly extension of the East line of Lot 41; thence ~orth to the Nonheast 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 comer of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drav.n 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 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 variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (B) to allow a lakeside deck and adj a cent 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% hardco-v er is normally allO\ved . Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 5 8 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This 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 ""idth of 60 feet. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003. The City Council reviewed the application at regularly scheduled meetings held on September 8 and September 22, 2003 and granted conceptual approval of the hardcover variance for the 0- 75' zone based on the following findings: 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. Page2 of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 5 B 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 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 variance 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78- 1288 (B) to allow an existing lakeside deck to remain in the 0-75' zone, subject to the following conditions: I. 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 further 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 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 constructed in Page 3 of 6 CITY of ORONO RESOLUT I ON OF THE C I TY COUNCIL NO. 0 5 8 addition to the lakeside deck. The existing lattice work below the deck shall be replaced by vegetation. 5. Authorities granted by this resolution run with the property 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 (October 13, 2004). 6. 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. 7. 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 property. Adopted by the Orono City Council on this 13 th day of October, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE C I TY COUNCIL NO . 5 0 5 8 The foregoing instrument was acknowledged before me on this 13-6-day of (!)o,k /,,e / , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN G ~ ,:}).A----:i), ~Ck~L: .:.\si /k:tA b :A,M ~ Notary Public · ALI SSA A. WINTERNH EIMER NOTAR Y PUBLIC. MINNESOTA My Commission Ex;::ir :,s Jan. 31, 2005 ,. e!Zi~~~~~c?.;-"':"· --~--::.___-~-~---~-:--.--:--~~-(\ +f..- D The foregoing instrument was acknowledged before me on this /.5 day of Ncbef , 2003 by Linda S. Vee, City Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed o n behalf of the City. -·~~ , .. ' -~ Nor~~~Elooo~ fJy Commiss• BLJC -MIN!-:;: '0 -,.A r ---~ 1~n Expires J,:n 3 ~~--_I . --~:-----.-•~.---' ) -... _.~ --t Notary Public Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 ~ R State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of _____ ., 2003 by Bruce F. Meese, husband of Maureen E. Murphy. Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this _ day of , 2003 ----- by Maureen E. Murphy, wife of Bruce F. Meese. Notary Public Page 6 of 6 4& -J-Ll. N -.:;t-.. 0) N 0 " z 151 t:,€1fJAl,f'.. 9 .320 10 I 951.6 0 -.;:::. 940.6 9J4. 9Ji..3 929.4 \ -OROlNARY HIGH WATER LINE sl 9 A-·. ;.s LOCATED JJNE 30, 2003 LAKE MINNETONKA --- - --10 £ /~~O'J I I I I I / -