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Home My WebLink AboutResolution 3313 oi— � , '� _ '� �� O :. . O CITY of ORONO ��' � :��=� RESOLUTION OF Z'HE CITY COUNCIL �1 ��'� •,.�.:;,. ,y, • � �', � ��,. a�,� ��, NO. e� a� � e� Y ��9� og�G ESI; A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C), 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 (B) . � FILE NO. 1840 WHEREAS, James Taylor (hereinafter "the applicant") is the owner of the property Tocated.at 1342 Rest Point Circle within the City of Orono and legally described as follows: Lot 10, Rest Point Park together with the southwesterly half of public right-of- way vacated adjoining said Lot 10,Hennepin County, Minnesota (hereinafter "the properry"); and WHEREAS, the applicant has applied to the City for variances to Municipal • Zoning Code Sectiori 10.03, Subdivision 14 (C), Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a 22' 7" x 3' 4" deck/walkway resulting in an increase of .5% of lot coverage where 16.7% exists and 17.2% is proposed and where 15% is allowed. Hardcover within the 75-250' setback area exists at an excess of 51.8% and is proposed at 5,013 s.f. or 52.2% where 25% is allowed and the structure will lie placed 7' from the east side lot line where a 10' setback is required. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1840. 2. The properry is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The properry consists of 15,140 s.f. or .34 acres. 3. The Orono Planni.ng Commission reviewed this application on July 19, 1993 and � recommended approval of the proposed variances as amended based upon the following fmdings: • � Page 1 of 5 • : . � r«msoosoi�ao�o � °� O :. O CITY of ORONO • ' �=�.�=� RESOLUTION �HE TY COITNCIL � +��':' .3 :� � N0. �� .9. � '�, ^ °a�,,.. Y � ��9� O¢�G . EsH A. Severely sloping topography and mature vegetation along east lot line minimizes impact of structure on adjacent residence. B. The proposed deck will extend no closer to the east side lot line than the � existing side deck. C. The neighbor to the east has been advised of the proposed improvement and the City has received no negative comments. 4. The City Council fmds that the conditions existing on this properry 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 l�azard or other danger to.neighboring properry; 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a 22' 7" x 3' 4" deck/wallcway connecting upper level gravel parking area to an existing deck at east side of residence structure, subject to the following conditions: � • � Page 2 of 5 ror�soos a�ao� � O� O .. O CITY of ORONO � � ;��=� RESOLUTION OF TI� CITY COLTNCIL � ��. , �, ,�, � S. .�� titi No. 3 3 �. 3 �� o4�G Es8 1. Applicant shall complete the following removals of existing hardcover " improvements: A. � 1.0' x 15' concrete slab within 0�75' setback area by August 31, 1993. B. 40 s.f. of brick patio area within 75-250' setback area by September 30, 1993. 2. Current and future owners are placed on notice that if additional improvements � are proposed for the property that it shall be necessary to provide an updated survey and hardcover inventory upon application for a building permit. 3. Authorities granted by this variance run:with the properry 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 9, 1994). ' 4. 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. 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. ' • � Page 3 of 5 - . . Fam 5005 DisX dom . .� .. . . . . . ;� � O� , O :. . O CITY of ORUNO � � ;e�=' RESOLUTION OF THE CITY COUNCII. F r� �� J �, �► `; � �, � .d�� , NO. � � .k. �� : ti, '��`9$ Og'�'C, ESH Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of August, 1993. AT ST: � � � Dorothy . llin, City Clerk Edward J. Call an, r., ayor �� . . , / P ' perty Owner (s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of August, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument.was executed on behalf of the City. . �- . . a�N�. JAMIE L.BOSMA :/��' '` '� NOTAAYPUBUC-MINNESOTA NO ry blic �� ,�;��: HENNEPIN COUNTY r,�� M}r Comm.Expires 12-19-97 • . Page 4 of 5 � � . Fam 5005 Disk Orono � . . , � O� O :. O CITY of ORONO � � ?��=� RESOLUTION OF THE CITY COLTNCIL � ��' .,, ,'� � � ,� �, �� , NO. � � h� f . � , ti ��9� og�G E3S STATE OF MINNESOTA } ' ) ss. COUNTY OF HENNEPIN ) On this �/ �'�- day of , 199 3 before me a Notary Public within and for said county,personally a eared /� � __ known to me to be person(s) descri d in�and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free .act and deed. � ° '"•, JAMIE L.BOSMA �� v"' r` � NOTARY PUBLIGMINNESOTA ' - ' HENNEPIN COUMY ARY pUB IC . � . • `•,•�••° MY Comm.Fxpires 12-19-97 .:.�.., STATE OF MINNESOTA ) � . � � ) ss. COUNTY OF HENNEPIN ) � On this /�� day of , 199 3 before me a Notary Public within and for said county,personally peared � known to me to be th erson(s) d ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . �M�, JAMIE L.BOSMA ' ;'��' � � tQOTARY PUBLIC-MINNESOTA •= .� HENNEPIN COUMY NO Y PUBL C ' � " My Comm.Fxpires 12-19-9T . �IMM�� • . " Page 5 of 5 _ � . Fam5005 DiskOrono