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Home My WebLink About#4668 - Variances w '/"�-�� 7 O�\ /O �O\\ �b. - 1;� CITY of ORONO a �;; �� G'�'/�� RESOLUTION OF THE CITY COUNCIL �`�`9 4��'�� N O. � � � � �kESH� � A RESOLtiTION GRANTING VARIANCES TO 1�IL�ICIPAL ZONING CODE SECTIO` 10.22, SUBDIVISIOti' 1(B) AND SECTIO� 10.56, SUBDIVISION 16(C)(6), FILE NO. #01-2683 `VHEREAS, Richard B. Benson and Barbara A. Luikens, (hereinafter "the applicants"j are the o�vners of the property located at 776 Bro�vn Road North within the City of Orono (hereinafter "the City") and leQally described as follo�vs: Tract D, Registered Land Survey No. 127�, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants ha�,�e applied to the Citv for a variance to �Iunicipal Zonin�T Codz Section 10.22, Subdi��ision 1(B) and Section 10.�6, Subdivision 16(C)(6) to al1o�L� encroachment of 70' into the averaae lakeshore setback to permit lakeside decks to be replaced. ��'HEREAS, after due published notice and mailed notice in accordance ��ith 1�linnesota Statutes and the Cit}� of Orono Zoninb and Plannin� Codes, the Orono Plannin� Commission held a public hearin� on June 18, 2001, at which time all persons desirinb to be heard concerning this application ��ere given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. �linnesota: FINDINGS 1. This application �vas re��ie��ed as Zoning File #O1-?683. 2. The property is located in the LR-lA Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.72 acres or 7=�,960 s.f. 3. The Orono Planning Commission reviewed this application on June 18, 2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the followin� findings of fact: Page 1 of� /j'O \ ''� �\ o �� , �b. - ;; CITY of ORONO ,� �, ti;; �� G'�/;' RESOLUTION OF THE CITY COUNCIL �\kESH�/ N0. 4 B F� � A. The decks existed for mar.� ��ears in the same location of the proposed ne�� decks. B. The house and decks w-er� constructed prior to the adoption of the zonin� ordinance. C. Encroachment into the a��eraQe lal:eshore setback will not adversely affect the neighboring property vie«s. D. The hardcover in the 7�-�'�0' zone will not change nor �vill structural lot coverage w-ith the replacern�nt of the decks. E. The decks are located appro�imately 150-17�' from the shoreline. �. The City Council finds that the co�ditions existinj on this property are peculiar to it and do not apply generally to otner property in this zonin� district; that arantin, the variance will not adversely a�i.ct traffic conditions, light, air, nor pose a tire hazard or other dan�er to neishoorina property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to prese*��e a substantial property right of the applicants; and �vould be in keeping �vith tne spirit and intent of the Zoning Code and Comprehensive Plan of the Cit��. 6. The City Council has considere� this application includina the findings and recommendations of the Plannina 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. CONCLUSIONS, ORDER, :�\D CONDITIONS Based upon one or more of the above findinas. the Orono City Council hereby arants a variance to 1�lunicipal Zoning Code Section 10.2�.Subdi��ision 1(B)and Section 10.�6,Subdivision 16(C)(6) to allow encroaclunent of 70' into the a��eraQe lal:eshore setback to permit lakeside decks to be replaced. Approval is subject to the follo«�ir_� conditions: Pa�e ? of� , �;�-_��\ �� , ��. - ,� �,; CITY of ORONO � � „ ti�; �� G'�'� RESOLUTION OF THE CITY COUNCIL '�t9 4�� rvo. 46 � � �kEs� 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. :�ny amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this�•ariance run 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 (June 25, 2002). 3. Violation of or non-compliance w-ith 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 a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recordinQ of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of June, 2001. ATTEST: �; , �i � /� --� ;-,- �r'' �, . /:� l�'z�-�-l��,,� k-�'��-- , , � , Li a S. Vee, ' rk Barbara A. Peterson, Ma -or �^ P �`ti ' �---�- � ' ., `;��, , � Property O�rner (s) Paae 3 of� %/'O \\\ �� /O O\� � �p CITY of ORONO �r - �.. � �,; �� ,~i� RESOLUTION OF THE CITY COUNCIL �`�`9 4�� N O. � � 6 �`'a �kES� STATE OF MINNESOTA ) ) ss. COUi�1TY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of June, 2001 by Barbaza A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COLJNTY OF HENi�1EPIN ) On this � � � day of _S �• ��-j , 2001, before me a Notary Public within and for said County, personally appeared t��c�,�-�r < ! r� t�=�•,,<,�,,,, n.��;. �;-/ known to me to be the erson s descri , d who executed the foregoing instrument,and acknowledged th � � �e as (their) free act and deed. NOTARY PUBUC•A�INNE^OTA / My Cpnmbafpe ExpY�{.Ier1.31,2005 `--/�(.s !; , � �Jc�r��,-�-. _ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �~�"h day of J u/� , 2001, before me a Notary Public within and for said County, personally appeared �a� 6��_a- -�-. �-'�' K P� s , m �t .4'�:� r-- ' 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. y�f l 7 0/ G��;,C./ �2,-, % �' �,ri��h Notary Ptt�blic � .`, -",�=:t� MARY A;vN JOHNSON �°�3`=i,'�' NOTARY PUBUC-N,INNESOTA :;�:;. 1'A�Carrrr�sion Expires,lan.31,2C05 Page 4 of 5 Exhibit A CE�T;FIC�,TE CF SURVEY FCR � RI!;!ti Bc�r�ON CF TRACT D, R.LS. N0. 1275 HEA7NEPI� COUN7Y, MIIJNESOTA � � � � R�{p�pp d�l9•�. ��IJ263�� EAST 29.00 I �SO.Op e-,�o•oa•co^ �l C�9S99 l�:f� /;� ''/� / cYaSt'i1i. e.'a°"`�� Ff�P 9'f0 � � /� / . ..� � /i�;rrC�<-� LU_(<r-�.�lcr e � _. - '�� tG,c�C K P. � J; � ,w � a, P4Ar '`'J ��y E�7� HOUS£ �, utF� � �' J:6 =� /.•'a ora $ ^1 �� .I,�s�� O N 4 � �� _� . /� /,, 3 /.e'�v` /'ii tf. 1 �•' �� % /'� 15`p9 ,��.�yLa� �' 6'�.�.f / H �p,�E . ,' � �ONG .o�� O . 10'� , LEGAL CESCRiPiION OF PREu4ES: Troct 0. Reg�scered Lcnd Survey No. 1275, y fiies ol the Reyiatror of TiL'es, Hennep�n Ccv+ty. Mlnnesoto � 7hi� Survey Show� the Coundc�t�es of the coove described prop- erty. lhe localion of an e�ist�n9 heuae, sheG, Cecks, and other vigible "hordcover" thereon. 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