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Home My WebLink About#02-2844 Recorded Resolution 4887SCANNED CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ,8 8 i '" A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) 2 FILE NO. 02-2844 'WHEREAS, Bruce Hedblom and Carol Cline-Hedblom, (hereinafter "the applicants") are owners of the property located at 2601 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows : Exhibit A, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit hardcover in the 75-250' lakeshore setback of5,555 s.f. (37 .5%) where 5,826 s.f. (39.3%) exists and 25% is allowed for construction of a 19' X 28' residential addition to replace an existing three-season porch and connects the house to the garage; and \VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hea1ing on October 21, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2844. 2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot size and 100 feet is the minimum lot width. Page 1 of 7 Metro Lega l Servi ces Inc. Box 49 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 81 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to O based on the following findings and hardships: A. The property has been developed as a single-family residential property since 1973. B. The property is connected to sanitary sewer. C. The lot is consistent with other properties in the locality. D. The addition partially replaces an existing porch connection between the house and garage. The building expansion will only include an area that is surrounded on three sides by the existing structure. E. No encroachment into the side yard setback will be required. The addition is 17' from the property line. 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 will 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 R 71 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, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit hardcover in the 75-250' lakeshore setback of 5,555 s.f. (37.5%) where 5,826 s.f. (39.3%) exists and 25% is allowed for construction of a 19' X 28' residential addition to replace an existing three-season porch and connects the house to the garage, per the site plan attached to this resolution as Exhibit B, subject to the following conditions: 1. All landscape plastic and driveway removals, as shown on the site plan attached as Exhibit B, shall be completed by May 30, 2003. Such removals shall be completed simultaneously with the finished landscaping work. 2. To reduce the impact of drainage from the new addition gutters shall be installed that will direct water from the south side of the house towards the lake and not directly at the neighbor. 3. Authorities granted by the variances 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 these variances will expire on that date (October 28, 2003). 4. Violation of or non-compliance with any of the terms and conditions of the variances 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 owners have read, understand 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 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7/ Barbara A. Peterson, Mayor •. ,;:,..; Uno_q};S.(Y,,~~; C1ty Clerk ' )!\ft~-' 1/ Uii4--1 ------. G roperty Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrnment was acknowledged before me on this 28th day of October, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said ms.tiWi~iiliii!Mii••--••-EJe.1~e City. ~ KRISTI B. ANDERSON tf~:1 NOTARY PUBLIC· MINNESOTA )·:,;:,.;;-~ '·\' Commission Expi re s Je.n. 31, 2007 ,, ST ff~~~...;~-e&~ COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this c2 qlh day of ()a/-o &A , 200_d_ 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. (~~.--•' .. I --,... RACH EL DODG E , ) NOTARY PUBLIC· MINN E~OTA s:.::•:::zo;;; _:/.:Commission Expires Jan. 31, 2005 Notary Public 0 Page 4 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 8 7/ STATE OF MINNESOTA COUNTY OF HENNEPIN s+ r _ ('f'CLm~d On this dl day of N11 ,wmrtY '20 'Dd.""~5_r\i.c_c.,o__,_• _cU_-e._d_'O_I_GfY1 __ 1 personally appeared before me, = __ who is personally known to me --------1.L whose identity I proved on the basis of ~ffi~tJ~~D~L _________ _ __ whose identity I proved on the oath/affirmation of ___________ ~ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. RACH EL DODG E NOTARY PUBLIC. MI NNE'.'OTA My Com mission Expires Jan. 31 , 2005 ~--~2~~~-::-:-?P ~- STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this ;)1tl day of f\b ~loRlZ;20 _?, C1 O ro I C (' r appeared before me, __ who is personally known to me ~ ~ J b 1 ('{Y) , /V1<)-fYl e d personally . -\:,,L--whose identity I proved on the basis of____.bf\~t\_\~-D~L~---------- --whose identity I proved on the oath/affirmation of ____________ , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed . Notary Public Page 5 of7 That part of Block 1, and That.part of Lots 14, 15 and 16, Block 2, and That part ofabandoned·orono Avenue, all in "Winship's Subdivision Of Lot 1, Spring Park 2nd Division", describec;l as commencing at the Northeasterly corner or Lot 141, Spring Park; thence Northeasterly along the extension of the Easterly line of said Lot 141 a distance of 94.5 feet to the point of beginning; thence Northwesterly, deflecting to the left 101 degrees 13 minutes, to the shore of Lake Minnetonka, said line hereinafter referred to as line "A"; thence Northerly along said shore to the North line of said Block 1,; thence East to the po~nt of intersection:ofthe North line of said Lot 14, with a line drawn parallel with and 30 feet Northwesterly from the Northeasterly extension of the Westerly line of Lots 14, 15, 16 and 17, Block 3, "Winship's Subdivision Of Lot 1, Spring Park 2nd Division"; thence Southwesterly along said parallel line to its intersection with the Southeasterly extension of said line "A"; thence· Northwesterly along the extension of said line "A" to the point of beginning. ~ 00 ~9'..:t .,... 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's Suhd1Vb1CIG or tot 1, &pdn9' th ■ t1orth1 ■.tterly corner ar , the l!XtcdCIG or the J:aeurly lin• ot aaJ.d. t.oc 1,1 a dlstanca or J'4 .s C"••t: to ·the polnt ol he91.n.n.J.::.91 tbanca North"'sscarly,. ae.t1octiD9 co the: 1ett 1Gl. dagree3 13 111:riuces, c.a th• ahorca of /· L&ka Hlnn.,tODlca, cald line he.ralna.tt.er ntarred to a.t r.111., •11•, th"nc• Nartharly along ■a.id :,!Iara to tlia zrorth llne at nid Jlloak 11 th one a Ila.st to . th" point: of iJ>ter.seetian at th• ~t.h lilla of aaid Lot Ulvf.th a 11.ru, dr•- parallol 11ith and JO fut No-.thvut.arly lr""I t.ha Portheanarly ■,,t.,,.d0<1 of tho lfut.o,:ly Una of I.oca lC, lS, 16' a.ad 17, :Block:,, •Win•ll.lp•a.Subdh-iaion a, t.ot. 1, St>rm9 Po.ck, :zn4 D1Tiaion• 1 thence soutliweiitarly along sdd parallel 11ne to 1t.s intaraection vith th11 southeuterly u~•ndoo of aa.ld L111e •A•1 ·thence trorth"a.,t.erl)"' along th• c.xten:110a o.c\ said Lina •A• to tha. poin.t. ol be9lnn.1n9, acc:ordinv to the recorded p1at t.h•raal. \J:> "~ ::c ::-< rr. 0 -~-z 3:} 0:. r.::... ~ ~ C) ri, wl F,;?» rn7.J C? ,, rn • ,-1~ n, ?.~ :z C) ,\~ CD -00.....,, (./) -\' -n o ·r, r-17 ~-· ::-t ('.\ 0 r--1 :=.;; :=! :r. ~ -=· --1 r n ::0 f ~ ... , -j ,--· ::::0 (J; j=. r:n rn ~ !'1'1.--:=C/)0 ; ~& Cl :.::': ,:j _,. o ...... ,. 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