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Home My WebLink About#5058 - variances - 2003 - Expired r - .�, O,�. EXPIRED O ,� _ O ;a� CITY of ORONO � ~Y �� G~' RESOLUTION OF THE CITY COUNCIL L�kESHOg'� NO. � � � � A RESOLL�I'ION GRANTI`G �:�RI�\CES TO I�IL��iICIPAL ZOiYP;G CODE SECTIOti' 78-282 ArD SECTIO\ 78-1288 (B) FILE NO. 03-2936 WHEREAS, Bruce F. Meese & I�laureen E. Llurph�-, husband and wlfe (hereinafter "the applicants") are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the "City") and leQally described as follows: Lot 41, that part of Lot 6-�. that part of vacated Late Shore A��enue, and that part of the tract of land beri��een said avenue and the shore of La�e �iinnetonka, all described as beginning at the Northw�est comer of Lot -�1, «-hich point is marked by a Judicial Landmark set pursuant to Torrens Case�umher 16333; thence South along the �Vest line of Lot 41 and its extension, a distance of 219.07 feet, which point is marked b��a Judicial Landmark set pursuant to Torrens Case Number 16333; thence continuing South alona said extension to the shore of Lake Nlinnetonka; thence Eastzrly along said shore to its intersection with the southerly- extension of the East line of Lot 41; thence�orth to the tiortheast corner of Lot 41; thence Northeasterly to a point on the Northeasterl�� line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly comer of Lot 6-�, thence Northwesterl�� along said North«�esterly lin� to its intersection«ith a line dra��n parallel with and 24.00 feet Southeasterly, measured at right anQles from the Northwesterly line of Lot 64 and its extension, which a point is rnarked b�- a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southerl�- a distance of 51.3� feet, more or less, to the point of beginnin�: all in SPRI\G P�RK, according to the plat thereof on file or of record in the office ot the Reaistzr of Deeds in and for said County. - (hereinafter the "propem"); and `VHEREAS, the applicants have made application to the City of Orono for a variance to Orono I�tunicipal Zoning Code Sectior. 78-28? and Section 78-1288 (B) to allo�v a lakeside deck and adjacent retaining ��alis to remain in the 0-75' zone, such deck and retaining w�all constitutina structure and 6°o hardco�-er (excluding allo��-ed stairway access) when no structure and 0% hardcover is normall�- allo«�ed. Pa�e 1 of 6 , � O ' V O O '��i .� :� �, CITY of ORONO � Y �� p RESOLUTION OF THE CITY COUNCIL �`�kESHOg'� NO. � 'U � � NO`V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2936. 2. The property is located in the LR — 1 C zoning district, which requires a minimum lot area of '/2 acre and a minimum lot width of 100 feet. The applicants' property is .49 acres and has a width of 60 feet. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003. The City Council reviewed the application at regularly scheduled meetings held on September 8 and September 22, 2003 and granted conceptual approval of the hardcover variance for the 0- 75' zone based on the following findings: a. The nature of the property in the 0-75' zone is steep slopes being supported by retaining walls. b. Currently, the existing lakeshore deck is bolted to a concrete retaining wall which is supporting 8' of earth. c. After engineering reviews, the interdependency of the wall on the deck is inconclusive; however, Council action to require removal of the deck may have unintended negative consequences. Should the deck be required to be removed and detached from the retaining wall, there is the potential that the retaining wall may fail, subsequently causing slope failure. d. The existing conditions of the retaining wall and attached deck support the slope. e. Absent the unique conditions noted above, the lakeshore deck wouLd normally not be allowed to remain, as it is a nonconforming structure and the property is undergoing a complete teardown/rebuild of the principal structure. Page 2 of 6 � O� O ,, , O ��a= - CITY of ORONO � , � �, �a ,b�� `� �� ::a ti � G RESOLUTION OF THE CITY COUNCI L �`�kESHOg'� NO. 'rJ o � � 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 variance on the health, safety and welfare of the community. �. 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 variance 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or mare of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78- 1288 (B) to allow an existing lakeside deck to remain in the 0-75' zone, subject to the follo�vin� 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 0-75' zone shall not increase above the 6% level. Applicants are ad��ised that any future requests to increase hardcover or change the nature of e�isting/approved hardcover shall require City approval, and increases in hardcover�vill not likely be approved without concurrent reduction in existing hardcover. 3. Should at any point in time the retaining wall or deck need to be replaced, the lalteside deck must be remo�•ed in its entirety and shall not be replaced. Also, the slope must be re-vegetated�vith plant material approved by City staff in the event that the deck is removed. As allowed by Section 78-1282, a 32 square foot landing may be constructed in the 0-75' zone in the event that the deck is replaced but under no circumstances may a 32 square foot landing be constructed in Page 3 of 6 � O� O �,�,� _ O �t � CITY of ORONO � � �, , �„ y1,, . �� ' �� G�' RESOLUTION OF THE CITY COUNCIL `�kEsKo�`' rvo. 5 0 r � addition to the lakeside deck. The existing lattice work below the deck s�all be replaced by vegetation. 5. Authorities granted by this resolution run with the property not «-ith the applicants, but are permissive only and must be exercised by obtaining a building permit for the construction of the new house within one year of the date of Council approval, or the variance will expire on that date (October 13, 20�). 6. Violation of or non-compliance with any of the terms and conditio� of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a mis��neanor. 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, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13`h day of October, 2003. ATTEST: ,I� _ � �� /�� r c' . ._ . �� ..y��,--� �-�` `,'�:,�:. �S� _ �.E� � ��,�-t-�"?t� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 � o� o �,� _ o �. CITY of ORONO ,� � � ��y�%:, ti ",�^ ✓, :'�` ti � G RESOLUTION OF THE CITY COUNCIL ��kESH04'� NO. 'S O 5 � STATE OF MINNESOTA COUi�1TY OF HENNEPIN The foregoing instrument was acknowledQed before me on this /�' day of �, 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. �.l,��-�—�- �� • o "" ,�jZ.�"` Notary Public � ALISSA A.WINTERNHEIMER NOTARY PUBLIC-MINNESOTA .� . My Ccmrn'sci�n Fv.- ;,1;n.31,2006 i' !�-�-;,,,.,-.--�.,._�...�... _ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowled�ed before me on this ��f day of L � ' '' ,t/ , 2003 by Linda S. �'ee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -, � . . �� L.:� e �` _-,� /- ,�-�'P C�__-- ��, RACHEL DODGE �� ( ! raoTaRVPuauc-M�Nr;��ora Notary Public � f�7y Commission�pires Ja,�.:>i,2i;!'- � _._..:�".'�,->.-.---.., ._. ., � Page 5 of 6 � o� o �� o '��;�. - CITY of ORONO ,� �; � �m1``` � � �. :�� ti �� ,.�� RESOLUTION Of THE CITY COUNCIL �kESII�4 NO. S (1 � � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_day of , 2003 by Bruce F. l�Seese, husband of Maureen E. Murphy. Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_day of , 2003 by Maureen E. Murphy, wife of Bruce F. Meese. 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