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Home My WebLink AboutResolution 3736 a, P . s��.�-— �ti � O� • O O �b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`9kESHOg'�G NO. e� "� 3 � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A), 1 (B) AND 2 FILE NO. 2144 WHEREAS, Arthur H. Jewett and Terry Jewett (hereinafter "the applicants") are , owners of the property located at 3546 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: Lots 175 and 176, Taylors Subdivision of Spring Park Lots, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A), 1 (B) and 2 to permit the reconstruction of • a roof involving an expansion of the building envelope of a structure located 22.6' in front of the average lakeshore setback line where no such encroachment is allowed, a portion of the structure to be improved is at 200 s.f. of hardcover within the 0-75' setback area where no . hardcover is allowed, and this portion of structure is located 63' from the Ordinary High Water Level of Lake Minnetonka where a 75' setback would be required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2144. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of approximately 23,200 s.f. 3. The Orono Planning Commission reviewed this application on June 17, 1996 and recommended unanimous approval of the pro.posed variances based upon the following unique findings and hardships: � • Page 1 of 5 c �l � O� • O O �e. - C ITY of ORONO � F ��L; �G'�' RESOLUTION OF THE CITY COUNCIL . �kESH04� NO. `� '� 3 � A. The applicant proposes reduction in hardcover in the 75-250' setback area to support the improvement of the structure within the 0-75' setback area. B. The proposed improvement will not result in an increase in hardcover in the 0-75' setback area. . C. The proposed realignment of the roof will allow for improved drainage and treatment of runoff as runoff will be directed to the sides rather than directly to the lake. � D. Applicant is in the process of reducing a lakeside deck at approximately 10' x 12' to 4' x 12' completely located within the 0-75' setback area. E. The realignment and expansion of the roof will have no visual impact on • the lake views of the adjacent residences. 4. The City Coimcil 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 � �kESH�4 NO. 3 '7 3 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A), 1 (B) and 2 to permit the reconstruction and expansion of the roof line for a section of roof located 22.6' in front of the average lakeshore setback line, the roof expansion involves a 200 s.f. area of , structure located within the 0-75' setback area where no hardcover is allowed, and grants a 12' or 16% setback variance for the structural improvements to a portion of a structure located within the lakeshore setback area. Approval is subject to the following conditions: 1. Upon application for a building permit, applicant shall provide an amended plan and hardcover inventory showing expanded backout pad and apron for drive located within street yard. In no case shall hardcover exceed allowed 25%. • 2. 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 (June 24, 1997). 3. 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. 4. 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 c i L � O� • O O �b. - C ITY of ORONO � � ��: �G'�' RESOLUTION OF THE CITY COUNCIL � � �kESHOg' NO. e� "I e`3 F) . ; Adopted by the City Council of the City of Orono, Minnesota at a regular , meeting held on the 24th day of June, 1996. ( ATT T: � � � ; / ` � � � Dorothy M. a in, City Clerk Edward J. Cal �an, Jr., Mayor , Propert Owner (s) STATE OF MINNESOTA ) ' • ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 24th day of June, 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. �. U.�� LINDA S.VEE Notary Public ° f��'• NOTARY PUBLIC-��INNES07A ;(�� HENNEPINCOUNTY o:�,�,�o My CQ�nmisslon ExPires Jan.31,200� � .,�„�• • Page 4 of 5 � ,� . . � O� • O . O �b. - CITY of ORONO � F ��, �G'�' RESOLUTION, OF THE CITY COUNCIL . `�kEsH.o�`' No. 3 '7 3 � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this �� day of J!,L l i/ , 199� before me a Notary Public within and for said county,personally appeared ,4, /-�. J"e�c.�%f-F �� r y Te we�f • �y1 Cc ��;ec� known to me to be the person(s) described in and w o executec� the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,,,�.. LINDA S.VEE ' � � �� "rr `'`� NOTARY PUBLIC-MINNESOTA N • :•� .-•• HENNEPIN COUNTY NO ARY PUBLIC °'::„�•°� My Commission Expires Jan.31,2000 � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public witYiin 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 actand deed. NOTARY PUBLIC •: Page 5 of 5 . ,