HomeMy WebLinkAbout#5089 - denying after-the-fact variance-2003 . ti -
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�� �' � p'�' RESOLUTION OF THE CITY COUNCIL
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��kEs�I04'� NO. S O � `�
A RESOLUTION
DENYItiG AIr'AFTER-THE-FACT`:�RIANCE
TO NiU�1ICIPAI, ZONING CODE
SECTIONS 78-281(A) & (B); 78-282;78-1279; Alr'D 78-1258
FILE NO. 02-2858
`VHEREAS,Scott S.Standa and Irene S.Standa,husband and«Zf'e(hereinafter"the
applicants"), are the o�vners of the property located at 2659 Ca:co Point Roa� u-ithin the City of
Orono (hereinafter the "City") and le�ally described as follows:
Lot 137, Spring Park, Hennepin County, Minnesota:
(her;.inafter the "p-operty"); and
`VHEREAS,the applicants ha��e made application to the City of Orono for after-the-
fact variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-?82; 7g_1279; and
78-1288 to allow the construction of an 8'x 12' deck and stairwa�-located wZthin 7�' of the OHWL
of Lake Minnetonka�vhere no structures or hardcover are normally allowed, a�� located lakeward
of the average setback line and within 1 foot of the side lot li.ne where such structures are not
normally allowed.
NO`V, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FI\DINGS
1. This application was reviewed as Zoning File#0?-2858.
2. The property is located in the LR-1C Lakeshore Residential Zor.��District,which
requires minimum lot area of 0.5 acres and minimum lot width o:100'. The lot has
a defined width of 60'and is 0.29 acre in area.
3. The Planning Commission reriewed this application at a pubL; hearing held on
October 20, 2003 and on a �•ote of 4-1 recommended parti�l approval of the
after-the-fact variances to allo�v the partial reconstruction of t:� deck to leave a
wallc�vay 4'wide by 7'long with a 3'w•ide stairw�a��to continue to cerve the existin�
patio door. �
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4. On November 10, 2003 Mrs. Standa indicated to City staff via�-oicemail that they
no longer wish to pursue the after-the-fact deck variance application, they have put
the house up for sale and plan to move, and that they will remove the deck in its
entirety. The communication did not include a date by which the applicant�intend
to have the deck removed.
5. The applicants have removed the deck as confirmed by City inspection on De�ember
8,2003.Ho�vever,since no formal application withdrawal has been received,the only
remaining opportunity for the City Council to take formal action on this �-ariance
application in compliance with the statutorily imposed 60-day/120-day revieR•period
regulations is December 8, 2003.
6. The City Council has considered this application including the findinos and
recommendations 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.
7. The City Council finds that the deck was constructed in violation of a variety of
zoning code sections, in a completely nonconforming manner, and without any
apparent attempt on the part of the applicant to obtain a building permit. The plight
of the property owner is due to the property owners action, and not a r;.sult of
demonstrated hardships.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council herebv denies
the requested after-the-fact variances to retain the 8'x12'deck adjacent to the boathouse. \ow that
the deck has been removed, applicant shall take whatever reasonable measures may be required by
the Orono Building Official to ensure that the patio door access adjacent to the deck w•ill be left in
a safe condition.
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RESOLUTION OF THE CITY COUNCIL
`9kESYiOSti` NO. a5 � � �
Adopted by the Orono City Council on this 8th day of December, 2003.
ATTEST:
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mda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MII�NESOTA
COUNTY OF HE�TNEPIN
The foregoing instrument was acknowledged before me on this � 3ay 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.
t L�nJy� , ��y�— - " n .y::Lo�
I�otary Public
��a.W(NTERNHEIMER
1�iC7FARY PUgLIC.tipNNESOTA
STATE OF MINNES OTA �'���s�an.31,2oos �
COUNTY OF HENNEPIN �.-�_:'
The foregoin�instrument was acknowled�ed before me on this '�:;t day ofl s��':►-�H,:�2003
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.
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� '"�"";, RACHEL DODGE ?; � j'�.C�� �-�-�- I��;c'� ��
NOTARY PU°UC-M;�3�=��TA �, l
, ��yCcr^i;s;cnExpiresJ�:� ��.�._- �otaryPublic
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