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Home My WebLink About#02-2753 Recorded Resolution 4924J •, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.· 4~ A RESOLUTION REAFFIRMING THE ORIGINAL APPROVAL TO ALLO\V CONSTRUCTION PER THE APPROVED SITE PLAN ATTACHED TO RESOLUTION NO. 4768 FILE NO. 02-2753 \VHEREAS, 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 \VHEREAS, the applicants were granted variances for hardcover on March 11, 2002 per the findings and conditions of City Council Resolution No. 4768 to permit additions to the existing residence; and \VHEREAS, Condition 4 of Resolution No. 4768 stated as follows : "If it is determined the existing foundation is required to be replaced or repaired, all variances approvals shall be withdrawn by the City of Orono and a new variance application shall be submitted by the applicants."; and \VHEREAS, subsequent to issuance of a permit for construction of the proposed additions, and after substantial work had been completed on those additions, the pre-existing second story of the existing residence was removed due to structural integrity issues. A portion of the removed second story had encroached into th.e required 10 ' side yard and was considered as nonconforming, and therefore its replacement would normally be subject to meeting all setback requirements. It was further determined that substantial work on the foundation would be required, triggering the potential for further review; and \VHEREAS, the issue was brought forth to the City Council on January 13, 2003 and it was referred to the Planning Commission for a recommendation; and \VHEREAS, the Planning Commission held a public hearing on January 22, 2003 to review the status of the construction . Planning Commission concluded that in retrospect it was unclear during the March 2002 review that the applicant actually had proposed to raise the roof3 -4 ' within the substandard setback area . Planning Commission voted 6-1 to recommend aP,P roval for · · Metro Legal ~ervices Inc. Page 1 of 3 9rv J1.0l !.. ,.,,; r -• CITY of ORONO RESOLUTION OFT NO. __ --,,,.::.........,,:--:::::--::---- t 9 2 <! rep 1acement of the second story back to the original building envelope but not extending any higher within the substandard setback than previously existed; and ·wHEREAS, the City Council reviewed the application and the recommendations of staff and the Planning Commission, and concluded that although no side setback variance for second story expansion was specifically approved or documented during the prior review, the Council had approved the second story expansion without requiring a variance by its actions in March 2002 per building plans attached to Resolution No. 4768, that the plans had not changed, and that the applicant had relied in good faith on that approval to commence his construction project and had invested substantial sums toward that project. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that the approvals granted for construction of additions to the residence at 281 7 Casco Point Road are reaffirmed, and applicant may construct the second story as depicted on the plans attached to Resolution No . 4768, and may repair or replace the foundation as necessary to support the structure above it. Barbara A. Peterson, Mayor Page 2 of 3 '• STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL A~ NO, ~ ' a Z\: · L" ;A, lf1\ 0> /,i · ~iv'~ ":Ii: The foregoing instrument was acknowledged before me on this 10th day of February, 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 AUSSA A. WI NTERNHE IM ER NOTARY PUBLIC -MI NNESOTA My Commission Expires Jnn. 31, 2006 The foregoing instrument was acknowledged before me on this / :;)+VJ day of :E'. h "--\ , 200l__ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munic ~~~~,~~-~w.1id instrument was ex ecuted on behalf of the City. ~~'\CH EL DODGE \' 1;., BLIC MINN[~orA. a() -~l<:::?;::~ NOT~~~nExpl~Jan.3'1,2005 [\.°'-OooL ~Q . ·--~-·/ MyCo --L----=-----:=<-.--+a =-----., .. •' Notary Public Page 3 of 3 LEGAL DESCRIPTION OF PREMISES EXHIBIT A RESOLUTION NO.~ P~r. 1. Al I that port of Lot 120 in Spr.ing Pork and al I that unplotted ,land and t~at portion of Lake_Shor! Avenu~ v9cated,· ly~ng between Lot ;120 of Spring. Park, and the side I 1ne~ said lot proJected to Lake ~Minnetonka, according to the plot thereof on file or of record in the office of the Register of Deeds in and {or said Hennepin County, which lies Southeasterly of a I ine running poral lel with and 5 feet distant North westerly fran the Southeasterly line of said Lot, o~d the extension thereof. . . . Par. 2. Lot 119, Spring ·Pork; including that port of Lake Shore Avenue vacated and that port.of_the land betwe!n s~!d vacated_oven~e and the shore of Lake ' Minnetonka lying between t_hk side I 1nes of so1d Lot 119 extended to the shore of Lake Minnetonka, according to the recorded plat thereof. ,,. ... 3 7 J 1fJ'71 :c m 0 .-.,, _1 ,,.... ""-\, ., 2" 71 n-1 ni "'ll ~-:JJ -o ·o __j u) _.,. -··I z rn ~ ~ooO 0 (/1 \ ff O -o -u (}1 e,..: • = l..:.! C: -! -I .1z-:C ~ er., :-:r 1 ~r=m N ;:=; _-< r.n :D (}) c..: ~ ~II S: (.13 m ~ 0 :-.·· -G> --i w v ~ - r t' '"O ~7 9m ii ..... ~ C: .-wz w '1 ~ 'rn o > ~ ui ~ ;q f> ..