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Home My WebLink About#04-2969 Recorded Resolution 5127scANNf:0 CITY of ORONO RESOLUTION OF THE Cl ~Y COUNCIL NO. 5 1 2 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282, 78-1288 (B) AND SECTION 78-1279 (6) FILE NO. 04-2969 WHEREAS, Terry J. Blount and Gretchen M. Blount, husband and wife, (hereinafter "the applicants") are the owners of the property located at 13 90 Cheny Place within the City of Orono (hereinafter the "City") and legally described as follows: -That part of Government Lots 4 and 5, Section 8, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Begim1ing at the Southwest comer of Lot 7, Block 11, Saga Hill Revised; thence East along the South line of said Lot 7 to the shore of North Ann, Lake Minnetonka; thence southerly along the shore of Lake Minnetonka 57.0 feet, more or less to the Northeast comer of Lot 1, Block 4, "Crystal Bay View"; thence West along the North line of said Lot 1 to the N01ihwest comer of said Lot 1; thence northerly to the place of beginning; AND ALSO Lot 7, Block 11, Saga Hill Revised. --(hereinafter the "prope1iy"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-282, 78-1288 (B) and Section 78-1279 (6) to allow reconstruction of an existing rotted deck in a slightly different location in conjunction with an interior remodel; such deck encroaching four feet past the average setback line, and resulting in hardcover in excess of the 25% normally allowed in the 7 5 '-250' zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2969 . Metro Legal Services Inc. Box 491 Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2. The property is located' in the LR -lB, One Family Lakeshore Residential District, which requires a minimum lot area of one (1) acre. The applicants' property is 0.527 acres in area. 3. The Planning C01mnission reviewed this application at public heatings held on January 20, 2004 and February 17, 2004 and recommended approval of the hardcover and average lakeshore setback variances based on the following findings: a. The property is 0.527 acres in size where the zoning district requires 1 acre. b. The existing deck has rotted and is in need of repair. c. The property contains 40.45% hardcover in the 75' -250' zone where 25% is normally allowed and the applicants are proposing to reduce that hardcover by 183 square feet. d. The four (4) foot encroachment into the average lakeshore setback will not obstruct any views to the lake as the neighbor to the north sits much higher in elevation and the neighbor to the south doesn't have any views over the applicants' property due to changing topography. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. 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 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 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 ~' 2 'J: CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-282, 78-1288 (B) and Section 78-1279 (6) to allow reconstruction of an existing rotted deck in a slightly different location in conjunction with an interior remodel, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 75-250' zone shall be limited to 5,966 s.f. or 39.25% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reductions in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover (183 s.f. of decking) shall be completed at the time of the footing inspection for the deck. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (March 8, 2005). 6. 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. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, Page 3 of 6 CITY of ORONO RESOLUTION OFT Ef~Yf OUNCIL NO. successors and assigns, hereby agree to the recording of this resolution in the chain of title of the prope1iy. Adopted by the Orono City Council on the 8th day of March, 2004. Barbara A. Peterson, Mayor ' ; . Page 4 of 6 ESQTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL n~i NO. _______ _ The foregoing instrument was acknowledged before me on this 8 day of fY'l evic.Jr,,,._, 2004 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 Notary Public The foregoing instrument was acknowledged before me on this I ~day of {VJa.,,iru-, 2004 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. ~~~n!.: v ;a a~ ee n n n a:.c~"'l1 f'i, / RACHEL DODGE ,!i ) / ' ' NOTP.RY PUBLI C -MI N!JCOTA 1~ ' , ( M1/ Ccmm;ssio n Expires Jin . :">I, W05 i' Notary Public Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 512 'J ) ) ss. County of He1mepin ) :i"\ This instrument was acknowledged before me this lCl.: day of yY\~ by Terry J. Blount, husband of Gretchen M. Blount. , 2004 State of Milmesota ) ) ss. County of Hennepin ) . I~\ /\ d LXJ4 This instrument was acknowledged before me this \_u_ day of ~,.2Bffi by Gretchen M. Blount, wife of Teny J. Blount. lj ~;H>J a~~ Notary Public ~ Page 6 of 6 ~ ~ ~ .-ft .. CERTIFICATE OF sWRVEY FOR JO TERRY AND GRETCHEN BLOUNT LOT 7, BLOCK 11, SAGA HILL REVISED AND IN SEC. 8-117-23 • I OF HENNEPIN COU TY, MINNESOTA !" -..M ~./ ,----·-A\J'EP-A..<:tE LAKE5,l--toR E }--~ /' ... -······ s 88"37' Jo" E 184.92 ... _ SeTE:vtGK ~~-• .......... h•-----.... ., ., ----~ · ··•. , ... --36.28 ·--.. 9! t:i:.J u ~ ....:I P-. l;: en<. k ! ~>.... ··• ... W i ~EXlSTNG : l 1 ,/2 :: I l!GARAGE~ '" ! 75• o/ 0 ,1 E l ,rj lOo "' • EXISTING i~ s _TBACK-•-... ---~ 0/ ~g ·\ · · a GARAGE 3 I 7 U,£ · / I SURVEY EXHIBIT A en co OJ g '-~1iFf . ,.. r=--,-,.....,_ .,.--~-Af PRfffl"fp-lNE z \ 1 ...... .,,-GflAVrl. I f')/::;( 2 . /filfIJmfITi LAKE OJ ~ :;,.... 0:: p:: t:i:.J ::r: D ,, ''"" .. _0/ .. (J(llV(WAY JWC•J~·· IU'flCII """' 7 . --------------------------------------- 0 GRAVEL ~ IO DRIVEWAY -,,n, .,prP-• /\ 0) 0) ·•·\ttrSft>f; ~ N oi _ .... •· .. ,l,U.s o/ ~-V _.~:r, ~-----,,/ --;;;-,~i;=J.!..:l~::r~·,.-.. o ~,<' -· I ;, --\ I . .., \ D~K I LOT ,. BLOO< .... ..h.h·~ . . .,_ 929.4 CONTOUR LN: 1,t!COROf / •• / '·-••• _____ 1 -ro BE 1<._' MOVED ~ ·CRYSTAL.,,. VJEW• -·-N 87°42' 30" W 163 67 ·, ... , I ,,..-------.... / --.. • . •. --··•···•·· •..... 51 48 .... / 1Q' '•,.. "'COR or '·•--, .. , .. , -. -----~~y~-,~~y 4vrw· ,1 I I lH UHC or LOT 1. 10CK 4. "CA'TSTAL 8.\Y VCW'" MINNETONKA NORTH ARM 7 •• -~fGAL OESCRIPTION OF PREMISES: Thal port ol Goverrrnent Lots 4 and 5, Section 8, iownship 117 Norlh, Range 23 West of the 5th Principal Meridian, described os follows: Beginning ol lhe Southwest orner of Loi 7, Block 11. Soga Hil I Revised; thence Eosl along lhe South I ine of said Lal 7 lo lhe shore ol Nori Arm, Lake Minnelonko; thence southerly along lhe shore of Lake Minnelonko 57.0 lee!, rrore or less to lhe Northeast corner of Lal 1, Block 4, "Crystal Boy View"; thence West along the North line of said Loi 1 to the Northwest corner of said lo\ I; thence northerly lo the place ol beginning; llCSIGICO _ ... ECO '<KClall ·l.4SG -oJ-251 RE""°" DATE AND ALSO Loi 7, Block 11, Soga Hi II Revised. o : denotes iron m:Jrker Bearings shown ore based upon on osstrned dolun_ This survey intends lo show lhe boundaries of the above described properly, the locolion of three existing buildings, ond lhe locolion of all visible "hardcover" thereon. It does not purport lo show any other irrprovernents or encroochTents. OCSCRf"lO• $ GRONBERG & ASSOCIATES, INC. CONSUL TtlG ENCM:ERS, LAND SURVEYORS, SITE PLANI-ERS 445 NORTH WLLOW DRIVE, LONG LAKE, MN. 55356 952-473-41 ◄ I I tER£8Y CCRTf"Y TttA T Tt-lS fl...,.,_ SPEa-lCA TION. 0A REPORT WAS PREPAR£D BY ME OR Lt«R UY oot:CT St.P£.Rvrso-l M.(J • 5CAI.E -1"i=20' . lHA.1 I }JI A. OU. y U:XH'SO) PROf£SSIOH,IJ,. ENCtE:E.R #0 •LN() I I SIJl'ltYal LIWI 11£ lA>S CJ' n( STAT( CJ' Wf£501A. OAT£ 7-6-03 JOII.., OJ-251 u.J ~ J~;,3343 1 -< :r: n, 0 ~r-02 -, "YI mm ,, Ul ()' c._ :CJ -u ?ri G) ! C: -iz \)'- VI I ~ ~ z 7'1 009 l\.:). ITI O ·n 11 ..J . JJ l' O~::::!:i! ~ )> {~ c.c T l ~~ nJ 0 JJ ~ I'-.) :::-:. .;-,, r n :r.i ~,t 0 .'..l S:: (I) m 0 77 '-.'ii;,., CJ ·:; z: ~ c..: .i:,.. fJ m --1 ')z ~ iJ =1 '"' :::.. rn :D ...... C r o L:. (J) )> er, -i m 0 -< ([) 1 ,-j -:0 C..) ►0 ~ (\ C..) ~