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Home My WebLink AboutResolution 5620 II II I III 1111111 II 3-7-Y_61 Doc No 4398986 06/22/2007 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 322566 Deputy 3 New cert Cert Fees 1054917 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total ) 650 /1 . av O O =: t ,- CITY of ORONO , `lir04,1i`f; -� . RESOLUTION OF THE CITY COUNCIL 'etkzsv.01‘ NO. 5670 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330 AND 78-1288 FILE NO. 07-3251 WHEREAS, Mandeep S. Sodhi and Leisa L. Sodhi, husband and wife, (hereinafter "Owners") are the owners of the property located at 4080 Dahl Road within the City of Orono (hereinafter "City") and legally described as: Lot 14, Block 1, Pirates Cove Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have made application to the City for an after the fact variance to Municipal Zoning Code Section 78-330 to allow the existing deck to remain as constructed with a 0.76 foot setback from the side property line when a ten foot setback is required; and WHEREAS, the Owners have made application to the City for an after the fact variance to Municipal Zoning Code Section 78-1494(3) to allow the existing patio to remain as constructed with a 1.7 foot setback from the side property line when a 2.0 foot setback is required; and WHEREAS, the Owners have made application to the City for an after the fact variance to Municipal Zoning Code Section 78-1288 to allow 34.49% percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 20, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3251. 2. The property is located in the LR-1B zoning district, where 1 acre is the Page 1 of 4 395 c7(?‘ .117 =:A �i t4 CITY of ORONO , \,\ Ai el: OCITY of ORONO 0,, �� i�. G RESOLUTION OF T E I Y COUNCIL L`q�f �, �p4��' NO. � � � O _____ Es0 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow a five foot setback for a deck, a variance to Orono Municipal Zoning Code Section 78-1404(3) to allow the patio to remain with a 1.7 foot setback and a variance to Orono Municipal Zoning Code Section 78-1288 to have 34.49% percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent, subject to the following conditions: 1. Council approval is based on the site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be as allowed by Resolution 4719 (zoning application 01-2689). Hardcover in the 75-250' zone shall be limited to 3,235 s.f. or 34.49% %. Hardcover in the 250-500' zone shall be limited to no more than 30 % per the proposed site plan and hardcover allowance summary as depicted on Exhibit A. The Owners 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 reduction in existing hardcover. 3. To help remedy a basement water problem pervious fabric is allowed only at the locations shown on Exhibit A. Owners shall not place any additional plastic or fabric liner material under any other landscaping on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the deck, completing the alteration of the deck and removing the hardcover as noted on Exhibit A before September 4, 2007 or the variance will expire on that date. 5. 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. Page 3 of 4 0o 0 li1PrAir. ,- CITYofORONO ' c.)2,t: RESOLUTION OF THE CITY COUNCIL kES�I0 NO. 5 6 7 O 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their 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 29th day of May, 2007. sr'rp` �v n AT LEST: III ♦ "II "ii/TLS}Cw`C jir Lin a S:`Vee,Ci Clerk J• es M. White, Mayor OFP ,Alopp if ep S. Spoollir eisa L. Sodhi STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7 rLr day of ti- -r<___ , 2007 by Mandeep S. Sodhi, husband of Leisa L. Sodhi. ll.!!!./Yll�Cr!-/!Jltl1...�1./I1fIlI u'. RACHEL DODGE L AL L i!P L9oc (it a '`` NOTARY PUBLIC-MINNESOTA k ;;,;;;,, My Commission Expires Jan.31,2010 Notary Public k.rl.-...--/Yl.IJY-..t1I!-r!./II.lI.IlIIJ� STATE OF MINNESOTA COUNTY OF HENNEPIN /This instrument was acknowledged before me this rf day of t n-C , 2007 by Leisa L. Sodhi, wife of Mandeep S. Sodhi. 7 l �CC '. RACHEL DODGE Notary Public A- (-- ( 17C C--- (4C---- 9 i - ' NOTARY PUBLIC-MINNESOTA b( '`e ' My Commission Expires Jan.31,2010 Page 4 of 4 ZONING FILE NO.07-3251 EXHIBIT A RESOLUTION NO. 5 6 2 0 Hardcover Calculations for 75 to 250 foot zone �,1i /Ll Existing Proposed SHORELINE As LOCAIE0 R J 7-I,-2001-_ sq.ft. sq.ft. aJ..6�,-.°..°.•. I Rear Entry Area _ __ brick pavers ;' retaining wall 39 39 patio 77 77 5 ., co 1 rock landscape 2w n _- deck 41 41 Ii 1 �gf subtotal 157 157 ` i J` Deck Area , deck 298 287.42 ' _' .. steps to deck 99 99 .,kr...., patio 358 365.78 — ti ��.4 concrete steps 20 20 4,,s, subtotal 775 772.2 * r- co Front Entry03 paver patio 118 118 `°' subtotal 118 t,r, 14 Lake Steps co subtotal 238 238 =r'O . Qtvia�s • House �^ 141'0'. .• fzlmviL In }V115 subtotal 1299 1299 o `da Arta, \-o bP. 'J A9 JN°NN Z � raeR 6,2006 �i j 1'' r:: f t WIU.0 c4 Pervious fabric 1,000 768.64 ?ammo vav!, h TOTAL 3,587 3234.84e4 .- PR°:7 WACIJ,SiJR: r,,,,,,:' �' CH JI/RYE'1'OA IE°.A/L I Percent Hardcover 38.25% 34.49% .� --- x,99 J°.i, °I HARE 7S7, I ° . .. Si, i =ONE, p a? �C o C�. to 11116 0 deck ie b2 >: peruse.,S 5's�b{o �`7y A� 6 ,,:.:: <►bna Alioutree9 qct /•' s'...e. :,.,° /•••:. -1 Ire a.-ou4,go, I•" _ _ ---- I1S�,s '1 � — 700F0pT4e -f'.,...,,:,,,-;:•••.;:: S f�o ie,i ,,6uj t , a: -.7:‘,'",',....:__-_ 1.8 1 2brrcaliawQG , n ri D,p J P O ` o co, �� o A r. N Y 61 C ----- WEST 181.31 2 i a e \—_ ' l_.i0UN0 InCI:. •F„^.7 IRG. 0AHI RnAn STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on May 29 , 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 7th day of June , 2007. ity Clerk (seal) "