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Home My WebLink About#04-2999 Recorded Resolution 5162CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5] (B ~ A RESOLUTION GRANTING VA BJANG..,ts TQJYHLNLC1£ALZQl'SJJLQ,~J) .. D.E SECTION 78-1288 SUBDIVISION B AND SECTION 78-1279 SUBDIVISION 6 FILE NO. 04-2999 'WHEREAS, George E, Mileusnic and Marilyn K. Mileusnic, husband and wife (hereinafter "the applicants") are the owners of the property located at 3243 Casco Circle within the City of Orono (hereinafter the "City") and legally described as follows: Lot 15, Spring Park, also all the land, including the vacated highway, lying between the front or easterly line of said lot and the shore of Lake Minnetonka, and between the northerly and southerly lines of said Lot 15 extended to said lake shore, and being part of Government Lot 6, Section 20, Township 117, Range 23, and also indicated on the plat of said Spring Park, according to the recorded plat thereof, He1mepin County, Mim1esota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow reconstruction of an existing deck with the addition of a screen porch below, in front of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the 75 '-250' zone in excess of 25% in order to rebuild an existing deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2999. Metro e~a l Services Inc. Box 491 Page 1 of 5 . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 l 6 i 2. The prope1iy is located in the LR-1 C Single Family Lakeshore Residential District, which requires a minimum lot area of 21,780 s.f. (0.5 acre). 3. The Planning Commission reviewed this application at a public hearing held on April 19, 2004 and recommended approval of variances based on the following findings: a. Due to the topography of the lots the lake views enjoyed by neighboring property owners will be unaffected by the deck and screen porch. b. Due to the topography, views from the lake of the deck and screen porch will be minimal. c. The proposal will not have a negative impact on light, air or open space in the neighborhood. d. A hardcover variance in the 75'-250' zone is supported by the following hardship: 1. The existing deck is rotted and needs to be replaced for safety purposes. 11. Hardcover is proposed to be reduced on the property from the current level in the 75'-250' zone of 31.05% to 30%. There is no additional hardcover that can be reasonably removed. 4. The City Council has considered this application including the findings and recommendation of the Plaiming 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. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ 'i1 11'1' ~ NO. 4,P Jt 'n .. , CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 and 78-1288 Subdivision B to allow the reconstruction of an existing deck with screen porch beneath in front of the average lakeshore setback and to allow the hardcover level within the 75'-250' setback up to 30% 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 req1~ire further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 4.86%. Hardcover in the 75-250' zone shall be limited to 3,403.5 s.f. or 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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 concunent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the prope1iy to ensure their pe1meability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, but are pem1issive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 26, 2005). 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. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~] <8 2 7. The undersigned applicants have read, understood and hereby agree to the tenns 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 the 26 th day of April, 2004. STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrnment was acknowledged before me on this 26 th day of April, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrnment was executed on behalf of the City. Notary Public Page 4 of 5 . STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 li 8 ' ~ /l _ .: , The foregoing instrument was acknowledged before me on this Z-1 day of ~. 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mim1esota municipal corporation and said instrnment was executed on behalf of the City. f,~e--ae;;: ;;::y; re 111 ! H ~~: ·i .,,r-,·,, RACH EL DODG E ~1 l ~ NOTARY PUBLIC· Ml:J:!:'.;QTA t \;~ :J My Commission Expires Jan. 31 , 200 '1 r ~.>~2\?2 2 2 2 S:6:eC'~··=~- L~c__,LJ_ OecJLcf-=-- Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN 2r-.+"' fl . ( This instrnment was acknowledged before me this _JJ_ day of -pn , 2004 by George E. Mileusnic, husband of Marilyn K. Mileusnic. \'\·'<'3"' .,-.,__ RACHEL DOD G~ 1 NOTARY PUBLIC -MIN ME'.:?~A s i My c ommission Expires Jan. -l ·, ~oo. i -~--~-···,-. ....--- STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this 27~ay of Apn ... l by Marilyn K. Mileusnic, wife of George E. Mileusnic. BARBARA G. SILUS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2008 Notary Publi Page 5 of 5 . , 2004 Loi 15, Spring Park, also all the land, including lhc vacated highway, lying bctweeo lhc front or easterly line of said lot and the ,hare of Lake MinnclOok:i, and between lhc northerly and :outhcr!y lina of said Lot 15 extended to said loi:c shore, and being pan ofGovcmmcotLol 6, Scclion 20, Township 117, Rilllgc 23, and al,o indicated on the plat of said Spring Park, according lo the recorded p_lat !hereof, Hennepin Couoty, Minnesota \c, '~ \ \ EXHIBL ._J ~rGY.-t-~~~j_-'~ ' ,=i, BM- [!= woo □ STAKE PlACED BEARINGS ON ASSUMED DATUM £W = /<GifliNl~fJ'Hll-l( f!ePT, //)1 lf)O, t:Pr,3 1200:s :) = 1RON MON. SET ?ROPOSEO INFORMATION ____ 1ST FLOOR ELEV. ____ 9AS.EMENT EU:.'I. •= IRCN MCN. iNP!.ACE ____ :3ARAGE FLOOR EL=-/. ____ 7 cp SLOCK ELE'I. ::&!' v ..:.<'~. ~ -: ~=ORAINAGE 000.0 = EXIST. 9....CV. 1000.0l = PROPOSED El.EV. :JOO.O •EXIST..\ PROP. :LEV. LA INC. ~ 0,. Rd. 13 SI; =n-=t a-ia.lMI= I hllfl!lly comty mu tlli~ ~ of •"""'Y ..._ pnpared t,y me ~ ~fltat I~ a_ d':"'f Regman,d Land Cata: Jeff { 1?a7] Rog,stnll!cn No. 14700 £050~08 "- SOOK-?AGE 58-zz SCAl.c:. ;"J=Z'O, en i-- 0) - ~ ~ 3 ~}58/i99 I I I 7--'1 '62--- OFFICE OFTHERB31STRAB;J/ n OFTlTLES ,~ ~ HENNEPIN COUfJTY, MJNNESOTA ~ CERTIFIED FILED ON .... iJ MAY 1 0 2004 L") ~ ~;II~ /fJIY) l#r::r'FIFTms BY · e DEPUTY /~ S --<1