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Home My WebLink AboutResolution 3589 .. � � F.�. - . .�� . � O� - . O • O �s. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL � L�kESH�� NO. �� Q� � :�— A RESOLUTION GRANTING VARIA1vCES TO MLJNICIPAL ZOI'oTING CODE SECTION 10.22, SUBDIVISION 1 (A) AND 2 FILE NO. 2040 WHEREAS, Douglas J. Olson (hereinafter "the applicant") is the owner of the property located at 2601 West Lafayette Road within the Ciry of Orono and legally described as follows: Tracts C and F, R.L.S. No. 131, Files of Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and W�IEREAS, the applicant has applied to the City for variances to Municipai Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the installation of a new patio area adjacent to a pool entirely located within the 0-75' setback area that will be located 24' • from the shoreline where a 75' setback is required and where the existing patio is located 24', the patio shall be installed with interlocking pavers placed in a sand bed resulting in 1,04G s.f. . of hardcover where 1,216 s.f. exists and where none is allowed. NOW, TF�EREFORE, BE IT RESOLV]ED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2040. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The properry consists of 60,000±s.f. or 1.37 acres. 3. The Orono Planning Commission reviewed this application on July 17, 1995 and recommended approval of the variances as proposed based upon the following � unique fmdings and hardships: A. Over 50% of the area af this properry is located within the 0-75' setback area. B. The house and improvements were constructed prior to current standards • for lakeshore development. . _ Page 1 of 4 � � �� - � O . O �b. - CITY of ORONO � F �� '�' RESOLUTION O ,TH C TY COUNCI L �`9$E p4� NO. � 5 � � ' . sx C. The property has over 800 lineal feet of shoreline. D. The concrete patio area shall be replaced with interlocking pavers placed in sand bed that will provide increased absorption by runoff. 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 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. 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) and 2 to permit the installation of a patio of interlocking pavers at 1,046 s.f. adjacent to pool located within � lakeshore protected area that will result in total hardcover of 2,757.69 s.f. or 8.1% where 2,992.69 s.f. or 8.86% existed and a lakeshore setback variance of 51' or 68%, subject to the following conditions: 1. All hardcover improvements scheduled for removal shall be completed prior to the City issuing a building permit for the installation of a replacement patio. Applicant's contractor to call for a site inspection to conf'um the required removals. 2. Applicant is placed on notice that at the time applicant files for a future variance application for improvements to the existing residence located within the 75-250' setback area, applicant will be expected to consider extensive paving removals in • street yard of property. Page 2 of 4 � �� O O �b. � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. e� � � � 3. Authorities granted by this resolution run with the property not with the applicant, 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 (August 14, 1996). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting • held on the 14th day of August, 1995. AT ST: . . / - . orothy M. m, City Clerk Edward J. Call an, Jr., Mayor , ' . , �� ;. Property O ner (s � STATE OF MINNESOTA ) � ) ss. ° COUNTY OF HENNEPIN 1 � � The foregoing instrument was acknowledged before me on this 14th day of August, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, 1Vlayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on�behalf of the City. � • • � CARQLE A.HASEMAN � �"P NOTAAYYPUBIlC-MHNNESOTA • � �N�p� Notary Public ''',•• My CanxMssion 6tptres Jan.31,2�00 Page 3 of 4 �. . � O� • O • O �b. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH.�4 NO. e4 D H � STATE OF MINNESOTA ) — ) ss. COUNTY OF HENNEPIN ) On this ��„d day of_Se - �i�, P� , 1995 before me a Notary � Public within and for said county,personally a peared , . (so ,r}�r,� �„P�s� ��,„�/ „„,f ,,�,�� known to me to be the p rson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �. .� CAAOLE A.HASEIUTAN ;;�'r' ' NOTAAY PUBLFC-IiMMNNESOTA . • F4E1�1NEPIN COUNTY .� My Commissfon ExPires Jan.31,2+�100 �, �2,UJ • NO`fiARY PUBLI STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within 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 act and deed. NOTARY PUBLIC . Page 4 of 4