HomeMy WebLinkAbout#02-2858 Denial Resolution 5089CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 50 8 9
A RESOLUTION
DENYING AN AFTER-THE-FACT VARIANCE
TO MUNICIPAL ZONING CODE
SECTIONS 78-28l{A) & (B); 78-282;78-1279; AND 78-1288
FILE NO. 02-2858
WHEREAS, Scott S. Standa and Irene S. Standa, husband and \\ife (hereinafter "the
applicants"), are the owners of the property located at 2659 Casco Point Road v.ithin the City of
Orono (hereinafter the "City") and legally described as follows:
Lot 137, Spring Park, Hennepin County, Minnesota:
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono for after-the
fact variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-282; 78-1279; and
78-1288 to allow the construction of an 8'x12' deck and stairway located v.ithin 75' of the OHWL
of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward
of the average setback line and within 1 foot of the side lot line where such structures are not
normally allowed.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
Fll\l)INGS
1. This application was reviewed as Zoning File #02-2858.
2. The property is located in the LR-IC Lakeshore Residential Zon.::ng District, which
requires minimum lot area of 0.5 acres and minimum lot width of 100'. The lot has
a defined width of 60' and is 0.29 acre in area.
3. The Planning Commission reviewed this application at a public hearing held on
October 20, 2003 and on a vote of 4-1 recommended parti21 approval of the
after-the-fact variances to allow the partial reconstruction of tl::e deck to leave a
walkway 4' wide by 7' long with a 3' wide stairway to continue to serve the existing
patio door.
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4. On November 10, 2003 Mrs. Standa indicated to City staff via voicemail that they
no longer wish to pursue the after-the-fact deck variance application, they have put
the house up for sale and plan to move, and that they will remove the deck in its
entirety. The communication did not include a date by which the applicants intend
to have the deck removed.
5. The applicants have removed the deck as confirmed by City inspection on December
8, 2003. However, since no formal application withdrawal has been received, the only
remaining opportunity for the City Council to take formal action on this variance
application in compliance with the statutorily imposed 60-day/120-dayreview period
regulations is December 8, 2003.
6. 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 public, and the effect of the proposed variances on the health,
safety and welfare of the community.
7. The City Council finds that the deck was constructed in violation of a variety of
zoning code sections, in a completely nonconforming manner, and without any
apparent attempt on the part of the applicant to obtain a building permit. The plight
of the property owner is due to the property owners action, and not a result of
demonstrated hardships.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby denies
the requested after-the-fact variances to retain the 8'xl2' deck adjacent to the boathouse. Now that
the deck has been removed, applicant shall take whatever reasonable measures may be required by
the Orono Building Official to ensure that the patio door access adjacent to the deck will be left in
a safe condition.
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CITY of ORONO
R ESOLUT IO N OF T H E C ITY CO UN CI L
(LI) 8~ NO. _______ _
Adopted by the Orono City Council on this 8th day of December, 2003.
ATTEST:
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
Theforegoinginstrumentwasacknowledgedbeforemeonthis i~yof D~ ,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
Alf SSA A. WINTERNHEIMER
NOTARY PUBLIC · MINNESOTA ;
MyCommission Expires Jan. 31, 2005 f
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The foregoing instrument was acknowledged before me on this I ct d ay ofl )..JLC i.:t"Yl , 2003
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.
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') "., : ,~ RACHEL DODGE , 1 . .
·. ' : NOTARY PUBLI C -MI NN::C: TA '. ,
' · · · · J 1 '1 1'.)nC ; ._ ,ly Corr.r,;1:;s1on Exp ires a1 .. v • '-c ,_
Notary Public
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