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Home My WebLink About#02-2753 Recorded Resolution 4768CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . 4 2'. 6 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L) 2 FILE Nb. 02-2753 WHEREAS, Wesley Byrne and Brenda Byrne, (hereinafter "the applicants") are owners of the property located at 2817 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached "Exhibit A", Hennepin County , Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for variances to Municipal Zoning Code Section 10 .22, Subdivision 2 and Section 10 .56, Subdivision 16 (L) 2 to permit 3 ,564 s .f. (31.3%) hardcover in the 75-250' lakeshore setback where 4 ,155 s .f . (36 .5%) exists and 2,873 s.f. (25%) is allowed , to permit additions to the existing house ; and WHEREAS, 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 hearing on February 19, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO'W, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2753. 2. The property is located in the LR-1 C , Single Family Lakeshore Residential Zoning District where ½ acre is the minimum lot size and 100 feet is the minimum lot width. 3 . The Planning Commission reviewed the application for variances and recommended approval by a vote of 6 to O based on the following findings and hards~ips: Page 1 of7 Metro Legal Sen(ces lnc. Box 4'J '· CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 ref. ti 6 A. Planning Commission finds that a lot width and lot area variance is not required since the existing house walls and foundation will be used, without structural repairs. If the walls or foundation are found to require structure repair or replacement, the property would require an application for additional variances to lot area and lot width. B. The Planning Commission recommended the total lot coverage by structure shall not exceed 15%. C. The proposed additions do not require variances for location or size. D. There is a large driveway and parking area on the property that would be reduced in size. The total hardcover in the 75-250' setback would be reduced by 591 s.f. E. The existing house is located 72' from the street property line requiring a longer driveway to serve the property. An existing garage is being removed to allow for construction of a new garage. F. Applicants have requested to add to the existing house rather than build a new structure on the property. Owners have stated the existing foundation and building will not be removed or altered as part of the remodeling plan. 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. 4168 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 3,564 s.f. (31.3%) hardcover in the 75-250' lakeshore setback where 4,155 s.f. (36.5%) exists and 2,873 s.f. (25%) is allowed, to permit additions to the existing house subject to the following conditions: 1. The existing shed and all hardcover proposed for removal is completed prior to a final inspection. 2. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. 3. The property shall be developed in conformance with the site plan attached as Exhibit B. 4. If it is determined the existing foundation is required to be replaced or repaired, all variances approvals shall be withdrawn by the City of Orono and a new variance application shall be submitted by the applicants. 5. Authorities granted by the variances nm 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 (March 11, 2003). 6. 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. 7. 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 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 Q 8 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of March, 2002. ATTEST: Applicants ? STATE OF MINNESOTA COUNTY OF HENNEPIN /6ai;J;-fj,1,;J ~?,~ Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 11th day of March, 2002 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 ALISSA A. WINTERNHEIMER NOTARY PUBLIC -MINNESOTA My Commission Exp:rw J;::i. 31, 2006 The foregoing instrument was acknowledged before me on this / r;-/1-1 day of f) \'.l 1 (I ) , 200 .!__ 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. ------1!'::.<::.~~, ,:y-~ .. (/ . .\ RACHEL DODGE . · ... , J NOTARY PUBLIC· MINNE!'OTA \~:_;_,,: ,./ 'My Commission Expires Jan. 31, 2005 ,, 1-/<a ,._ Le<' Notary Public Page 4 of7 STATE OF MINNESOTA COUNTY OF HENNEPIN On this _LQ_ day of J(//,j[: _ personally appeared before me, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 "'£ 8 8 2002 '_, __ who is personally knovvn to me ✓ whose identhy I proved on the basis of M-U DC __ whose identity I proved on the oath/affirmation ________ , 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. / fJ . <T)A / STATE OF MINNESOTA COUNTY OF HENNEPIN On this / 0 day of ,J 1,1,LJ e _ personally appeared before me, ~/! { 1-(_ /9:r;(_-e:1__,,,L. __ who is personally knovvn to me _!::::::__ whose identity I proved on the basis of ,v[;U __ whose identity I proved on the oath/affirmation ________ , a credible witness and who executed the foregoing instrument, and acknowledge_s}that he/she/they executed the same as his/her/their free act and deed. / ~ /' ::-u1 ~· 1;: R .. _.:---·. N~~~~J½--~ ~1<- •···.::sorA . c3 Jan. 31, 2005 e DENISE M. LESKINEN NOTARY PUBLIC· MINNESOTA My CommlsSlon Expires Jan. 31, 2005 I r.::-: Page 5 of7 LEGAL DESCRIPTION OF PREMISES ·, ' .· ...... i. / Par. 1. Al I that part of Lot 120· in Spr.ing Park and al I that unplatted land and that portion of Lake Shore Avenue vacated; lying between Lot 120 of Spring Park, and the side linesvof 'said lot projected to Lake Minnetonka, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, which I ies Southeasterly of a I ine running parol lel with and 5 feet distant North westerly frcrn the Southeasterly line of said Lot, ari.d the extension thereof. . . Par. 2. Lot 119; Spring.Park; including that part of Lake Shore Avenue vacated, and that part of _the land between said vacated aven~e and the shore of Lake Minnetonka lying between thte side I ines of said Lot 119 extended to the shore -0f Lake Minneton~a. according to the recorded plat--thereof . • 1-,• Page 6 of7 I I I ). 4768 _ .. ,--S\ 66°29' 00" E q~.4!}--..__\ LA K E ·-----J~::7,..··-.-~r-l --:-------"-:--.. ~w.:c •. ·.\-----------~SHORE----------------- --,,_.JI:_\ A VENUE ' I I \-__ ... z l· . ..-. ,L_ -... I t\fi ... 1 .. l\ iL.'1\\ ~ \ V ,,.."\ \.....-,~ £ :_ Li j ~, ~ . \ ~ 5 -\ __ D':'.'.:..--110- -~29.4 CONTOUR LINE Page 7 of7 \ \ \ Cl'.l l!) N I'<") 0 N N (/) --------------------------------- ...... ........ --,r,-------------------------------------- +1 tO 'q" :., / 'j C"") l ') ~;" """ " , L"'.; :--J co OFFICE OF 'fHI Alk311TMR Of1ffiU:ii HENNEP !t-J COUNTY, fVUNN~TA C-,...,r i-·1-,_, .. ,, ·-rJ Alli .-,t..:t-) 1-~.::~~; r-: ~::. \.l 11 AUG 2 8 2002 '/ip~/pY.c~J-~Jf I rr RE-G1s rRAR ~: l rtU~~ BY-----0£:Pt.m' rk~~