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Home My WebLink AboutResolution 3591 BON. O tiP- CITY of ORONO elf 3" I�;' Gti RESOLUTION OF THE CITY COUNCIL `�kESH�4 NO. 3 5 9 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.56, SUBDIVISIONS 16 (C-1) AND (C-6) FILE #2042 WHEREAS, Thomas E. Frank and Barbara L. Frank (hereinafter "the applicants") are owners of the property located at 1233 Briar Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 1 through 15 inclusive, Block 3, "Maxwell's Addition" to Crystal Bay, Lake Minnetonka, and the Northerly 12' of Lots 4, 5 and 6, Block 8, Monterey on Minnetonka, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.56, Subdivisions 16 (C-1) and C- 6) to permit construction of a replacement deck at the lakeside of the existing residence to be located 131' from the shoreline of the natural environment lake where a 150' setback is required and existing deck is 137', the structure will encroach 3' beyond the average lakeshore setback line and the deck will be placed 42' from the street lot line where a 50' setback is required and where a 27.7' setback exists. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2042. 2. The property is located in the RR-1B, Rural Residential Zoning District requiring 2 acres in area. The property consists of 39,400 s.f. of dry buildable land. TRANSFER ENTERED 4 ENNEPIN COUNTY TAXPAYER SERVICES Pacze 1 of 5 OCT 5 1995 •I,. ., r' INN. B vAiWif . : /,-�,� DEPUTY r s 4iP, 0.4i. : �- CITY of ORONO 1)tif VI G~ RESOLUTION OF THE CITY COUNCIL `gkESHOg NO. 3 5 9 1 3. The Orono Planning Commission reviewed this application on August 21, 1995, and recommended approval of the variances as proposed based upon the following unique findings and hardships: A. Because of the curvature of the shoreline and the angle of the residence on the property, the deck will not be visible from the public view of the French Lake shoreline. B. French Lake is not used by public boaters. C. The deck cannot be seen from the residences on the adjacent properties because of the distance between residences, topography and natural screening. D. The deck at approximately 310 s.f. will be placed over 95 s.f. of existing hardcover improvements. E. Only a corner of the deck will extend 131' to the Ordinary High Water Level of the shoreline of French Lake. The majority of the deck will be placed behind the 131' setback. F. The interior layout of the upper level of the residence and the uses at the lower level limit feasible areas for extending deck. G. The majority of the residence is located within the 150' structural setback. 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 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 • .t • r O� O ,tag.- CITY of ORONO , A66/1 49 1171C) RESOLUTION OF THE CITY COUNCIL IkESH04" NO, 3 5 9 1 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections referenced above to permit construction of a lakeside deck at approximately 12'x17' and as shown on a survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated November 10, 1993, most revised date June 28, 1995, subject to the following conditions: 1. 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 (August 28, 1996). 2. 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. 3. The undersigned applicants have read, understood 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 of 5 • °k. 0 CITY of ORONO IM�'`1 G~ RESOLUTION OF THE CITY COUNCIL 41ES14-& NO. 3 5 9 1 Adopted by the Orono City Council on this 28th day of August, 1995. ATT ST: /,orothy . lin, City Clerk Edward J. Cat, 1r7, Mayor * // Q>C1V\-19 CA/A-C"-- iciACT/t-'r\AL, Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowDorothy1Ma HHaed llin �rMayor & Cithis ty Clerkday of the August, 1995, by Edward J. Callahan, Jr. & City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. rrr��.�frlrrrr� LINDA S.VEE NOTARY PUBLIC-MINNESOTA No ary Public HENNEPIN COUNTY •° My Commission Expires Jan.31,2000 �rrrrrrrrlirrrrJrrrrrr�rrrrf� Page 4 of 5 0 ^ CITY of ORONO I. l ``'' A �L I�i�1)I��1 �Oti RESOLUTION OF THE CITY COUNCIL `kESHOr. NO. 8 5 9 1 =� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this J OeL day of I/a a 51- , 199 3 , before me a Notary Public within and for said County,personallyappeared 7h nil a s rfa.n " b'etrbR r". Fr i in a cc, 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// actanddeed. ,,—z:Zt . - /,L,2 ti °•'"•• LINDA S.VEE Notary Public NOTARY PUBLIC-MINNESOTA -jar; HENNEPIN COUNTY X .0° My Commission Expires Jan.31,2000 1./!./l./„Yl!!llllllllllllll.,,/llJ� 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 5 of 5 RESOLUTION # 2 5 9 1 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing e ego h ropy of r the don Minuteso the City Council of the City of Orono with the original record of he proceedings of said City Council at a 19 meeting of tstne sane is aty �true held Au• st 28 -�' copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 29th , day of August , 19 95 . ) )/Sit—g-&_:L____ Dorothy M. , City Clerk (SEAL) Cr >- lil I- C ) •••••• 11.1 1 •• 1X ...... elikil6 i ( - Cr(_) ''. f'S 1 • ..... '---....1: ''-' ‘-: )"..-. I-- •••.) : L"'...... ... • . 2 J .i C-.) ,-1 N- C/1 • ) • • , • ..% or