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Home My WebLink AboutResolution 3548 % i `. . � O� O �� Q CITY of ORONO � � �:��=� ,� RESOLUTION OF THE CITY COUNCIL � � � � ,�, � �', °b:� ti No. � 5 4 � � �b, ti ��9x og�G ESS A RESOLUTION C�R�iNTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) �ND 2 FILE #2003 - WIIEREAS, Arthur and Kathleen Ann Henningsen(hereinafter "the applicants") have an interest in the property located at 975 Tonkawa Road within the City of Orono (hereuiafter "City") and legally described as follows: Lot 1, Block 1, Parwood, Hennepin County, Minnesota (hereinafter "the properry"); and WHEREAS, the applicants have applied to the City for variances to Ivlunicipal � Zoning Code Section 10.22, Subdivisions 1 (B) and 2�to permit construction of an 18'xl4' • screen porch, a 15'x34' deck with railing and grade level patio at 340 s.f. and a 1�/a'x8.4' entry addition to the street side of the residence resulting in 8,159 s.f. or 33% hardcover in the 75- 250' setback where only 6,163 s.f. or 25% is allowed and where the screen porch will extend 23' and the lakeside deck 25' in front of the average lakeshore setback line where na such encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. fihis application was reviewed as Zoning File #2003. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 2.3 acres. 3. The Orono Planning Commission reviewed this application on March 20, 1995, and recommended approval of the variances as proposed based upon the following � unique findings and hardships: • Page 1 of 6 � ' Fwm5005DiskOroro r . ' � � o� O � O CITY of ORONO • �°:e�=' ,.� RESOLUTION OF THE CITY COUNCIL r� �� 3 �' D" N0. � e� � � "�,� � ; b, Gtiti �9kE8H�g'� . A. The properry is a long narrow lot measuring 140' in width and totalling 2.3 acres in area. The majority of hardcover improvements are located within the 75-250' setback area. B. Hardcover within the 75-250' setback area shall be reduced by a 132 s.f. or 0.50%. C. There is 0% hardcover in the 0-75' setback; there is a 7.16% hardcover in the 250-500' setback area where 30% is allowed; and 7.17% in the 500-1,000' setback area where 35% is allowed. D. The sloping lake yard topography and mature forested area in the west yard already places visual impacts upon the views of the adjacent properties. • E. The sloping topography minunizes the impact of the structural improvements to the lakeside of the residence upon the residence to the west side. The lake views of the property at the east side are impacted by the mature plantings in the lakeshore yard. 4. The Ciry Council fmds 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, liaht, 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 Ciry. 5. The City Council has considered this application including the findinas and recommendations of the Planning Commission, reports by City s�aff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. • Page 2 of 6 � Form5U05 DlskOraro . f � - . � O� O � O . CITY of ORONO • �::�_� e.i'" ,� RESOLUTION OF THE CITY COUNCIL '� ��' �' � �" No. 3 � � � � � � d� ti Y � ��`�$ Og'�'G . . ES�I CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of a screen porch, second level. deck with railing and grade level patio and entry addition to the street side of the residence granting approval of encroachments of the average lakeshore setback line and hardcover variance within the 75-250' setback area of 1,996.5 s.f. or 8%, subject to the following conditions: � 1. All hardcover improvements scheduled for removal as shown on Page 6 must be completed prior to the footing inspection for new construction. 2. Applicants to provide detailed grading and drainage plans upon application for building permit to be reviewed by the City Engineer. Grading and drainage plans • to address correction of historic flooding problems of lower level and to ensure that existing drainage facility is protected. 3. 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 (April 10, 1996). 4. Violation of or non-compliance with any of the terms and con.ditions 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. 5. 'I'he undersigned applicants have read, understood and hereby a�ree 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 6 . . Fam 5005 Disk Orono I . � O� O � O CITY of ORONO . • �°��=� „� RESOLiJTION OF THE CITY COUNCIL �,, � , �ti .��,�' ��, NO. e� o� � � ��9� og�G ESII Adopted by the Orono City Council on this lOth day of April, 1995. A EST: Dorothy lin, Ciry Clerk Edwar J. Cal a an, r., Mayor Property Owner(s) . • Applicant(s) � STATE OF MINNESOTA ) - ) ss. COUNTY OF .HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of April, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �� L�� JAMIE L.BOSMA No Public :��`' '�` • NOTARYPUBLfC-MINNESOTA • • ' HENNEPIN COUNTY ��••'� My Commission Expires Jan.31,2000 • � Page 4 of 6 . ' Fam 5005 Disk Orono � �� . O �� O CITY of ORONO • �=��=� ,� RESOLUTION OF THE CITY COUNCIL ,3 �, � �', n;� �, No. 3 5 4 � _. ; :�, ti ��9� Og�G ESH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / V `� day of ��1hc.� , 1995' before me a Notary Public within and for said count��,personalfy appeared �L.E� �i�ru� �� ' � known to me to be the person(s) described in and who exe uted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �."�• JAMIE L.BOSMA �.�c..c_-eJ �"' 7` � NOTARYPUBLIC-MINNESOTA NOT PUBLIC ' " ' ' HENNEPIN COUNTY . : . • ��MM��• My Commission ExplresJan.31,20Q0 STATE OF MINNESOTA ) � 5S. COUNTY OF HENNEPIN ) � On this IP�'� day of �2pr�.� , 199 5 before me a Notary Public within and for said county,personally appeared �,�,f,,(,,,�,,, �. ��.. Qz. . � known to me to be the person(s) described i�i and dGho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. /lix�,Gt� o� � 7 GO-2L NOTARY PUBLIC . * • ROLANDA�.ii06E Page 5 of 6 �� NOTIIRYPUBiJC•�A • . 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