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Home My WebLink About#2034 Recorded Resolution 3585CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ·g 5 8 5 ◄ A RESOLUTION GRANTING VARIANCES TO l\1UNICIP AL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C) AND 10.22, SUBDIVISION 2 FILE NO. 2034 vVHEREAS, Gene A. Zulk and Mary T. Zulk (hereinafter "the applicants") are the O\vners of the property located at 1400 Cherry Place within the City of Orono and legally described as follows: Lot 1, Block 4, Crystal Bayview, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10. 03, Subdivision 14 (C) and Section 10 .22, Subdivision 2 to permit construction of a 10' x 26. 3' covered deck addition to the street side of the residence seeking approval of a structural coverage variance of 564 s. f. or 4. 9 % , structural coverage exists at 17. 6 % and is proposed at 19. 9 % , and 4,000 s. f. or 49. 6 % hardcover improvements are proposed within the 75-250' setback area where only 25% is allowed and where 3,962 s.f. or 49.2 % exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2034. 2. The property is located in the LR-1 C Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 11,404 s. f. or .26 acres. 3. The Orono Planning Commission reviewed this application on_ July 17, 1995 and recommended approval of the variance application as amended, based upon the following unique findings and hardships: A. There is no adjacent land available for applicant to acquire,· Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL (fl~ L'O ~· NO. ctp idl Q gJJ B. The property is smaller in area than the surrounding lak:eshore lots on Cherry Place. The majority of the surrounding properties are made up of two lots that are legally combined as one building site. C. The steep topographies at the west side of the property require an access structure or path leading from parking area to residence. D. Existing access to interior of residence at both the west and north side of the residence is inadequate and unsafe. E. The proposed structural improvement will have no impact on adjacent residential properties. Both adjacent property owners have submitted letters in support of the proposed improvement 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 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 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 above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C) and 10.22, Subdivision 2 to permit construction of a covered deck addition to the street or west side of the residence not to exceed 212 s. f. in area resulting in an increase of 212 s. f. or 1.8 % structural ' coverage and a structural coverage variance of 513 s.f. or 4.4%. Total hardcover is approved at 3,949 s.f. or 49%, a decrease of 13 s.f. or 0.1 % hardcover. Approval is subject to the following conditions: Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. '3 5 8 5 'if 1. Prior to the footing inspection for the new construction, applicant shall remove 175 s.f. of stone patio area as shown on Page 5 of this resolution. 2. Authorities granted by this variance run with the property 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 (July 24, 1996). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of July, 1995. Property'(?w~er~ A- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of July, 1995 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. /" CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY _:, My Commission Exoi'es Ja1 31 2-°~0 (,; .,]-:~~~~~~--; ... :_--:.:,:~ ... ~:_,) Notary Public Page 3 of 5 STATE OF MINNESOTA ) ) ss. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. '3 ~ R 5 j COUNTY OF HENNEPIN ) ;7 On this // -rli day of C/4~-t/4 , 199 5 , before me a Notary Public within and for said County, personal! appeared ~ ~-f::? ~ known to me to be the person(s) described in and wh~d !'heforegoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L. BOSMA NOTARY PUBLIG-MINNESOTA HENNEPIN COUNlY My Commission Expkes Jlrl. 31, 2000 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notar ss. On this /6-.bt day of A<) 9 ,, -s \ , 199 ~ , before me a Notary Public within and for said County, personally appe'ared Gen :e A . Zu i /(1 n:1 c;:r c ,' e-cJ 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. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2n1Jo Ca R:'. _._/'g _) C /,.,/4,~.t'.I'. ,:?74 a ___J ' Notary Public Page 4 of 5 /t/{)() (_/._,&!/U.I /-'~~ 797_,/ ;7. 5;- MADSON, I~ CARLISLE MADSON WILLIAM 0 . SCHOELL 1'[01llTERf:0 CIVIL ENOIN[[1' SCHOELL 8: SURVEYORS 1u:a1 ■Tl[Rl[O LANO ■U1'Vlt'l'Ollt MINM . NO . Jl•■ 50 , CAJ( 781 WI ■. NO • .C:-•17e P"LOJUOA HO. tJ.71 HO, OAK . IJ.3 WONr. NO". 1 ■1•-c ENGINEERS !!O NINTH AVll:NUI[ SOUTH HO,-KINS. MINNICSOTA _ PHONIC:~ 938;760I • ., MIN,_.. HO, "'>7• ~ ..... <f-10 . o .. u:. 7• t ~l ■.MO,■-•74 _.,,,,,,-IOWA NO . ~701 JllifO. OAK. ' I oe CERTIFICATE OF SURVEY NOHT. HO , 17.ca.■ ' i o -Oanol-es • -Csnoles a -Cenofes ---215.0-:t- iron rnonumBnf f"ound iron rnonumenf sef wood 6/aie GOB£L I HERE3Y CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: ' LOT I' BLOCK I j "CRYSTAL BAY 1/IE'W" HE'NN£PIN COUNT)/' MINN€SOTA AND OF THE LOCATION OF AU. BUILDINGS, IF ANY, THEREON. AND ALI.. VISIBLE ENCROACHMENTS, IF ANY. FROM OR ON SAIC LAND. 5rH AS SURVEYED BY ME THIS DAY OF It ALSO SI-IOW.S tM'G' LOCATION OF STAKGS AS 6GT FOi< A PROPOSeD GA~€ BY OWN/£12. Page 5 of 5 Rl:Ol ■TIERICO LANO IIURVlt'l'01' MtNN. /<€G. No. 841.t/, ' RESOLUTION # ·3 5 8 ;i 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 copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 2 4 , 19 --2..5_, and that the same is a true and correct 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 ·25th day of July , 19~9~5- (SEAL) I I I Cl ;:o •o r-•11 -·-·-1 -r, [, I •~I ~" ... , ►',. l