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Home My WebLink About#4697-variances - 2001 « . ��— /�, 0,�,. 0 0 �,. - � CITY of ORONO '� �l� �� G'��' RESOLUTION OF THE CITY COUNCIL �t9k p4�'/ NO. 4 � � � �S� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) 2 FILE NO. #01-2715 WHEREAS, John M. Bailey and Patricia S. Bailey, (hereinafter "the applicants") are owners of the property located at 2807 Casco Point Road within the City of Orono (hereinafter "the City") and is legally described as follows: Lots 123 and 124, Spring Park, Hennepin County, Minnesota, except that part thereof platted as Casco Point Road (hereinafter "the property"); 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 September 17, 2001, at which times all persons desirinj to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants applied to the City of Orono for a variance to Municipal Zoning Code Section 10.2�, Subdivision 6 (B) to permit structural repairs and the addition of a foundation below an existing garage located 1.1' from the property line, and variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit a variance to permit an alteration to existing hardcover over 25% to pernut replacement of a deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250' lakeshore setback. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #O l-2715. 2. The property is located in the LR-1C (1/2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 2001 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: Page 1 of 4 % � � � � � �,. - � CITY of ORONO � ti l; �� G'�' RESOLUTION OF THE CITY COUNCIL ��9 4��'/ NO. � � � `� � �kES� A. The purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be at an elevation above the driveway to eliminate a floor drainage problem. The property owners have stated the garage and driveway apron are located in a low point and are a drainage backup area. Raising of the garage would not allow the water to pool inside the garage, but rather flow off the lower land elevations away from the building and driveway. B. The garage is in generally good repair and no major structural alterations are required. C. Moving the garage or changing the driveway may involve extensive grading and the addition of more hardcover. D. The hardcover for the sidewalk replaces a pre-existing walkway. The total hardcover for the walkway is 40 s.f. The walkway is required to connect the deck and patio. The walkway replaces a walk that had been located on this portion of the property. 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 hazazd 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. 5. The City Council has considered this application including the findings and recommendations of the Planning 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. � Page 2 of 4 • i i�—� //.�, O,�. O O e. II �ITY of ORO�O � � / !� j �'� G'� ' RESOLUTION OF THE CITY COUNCIL ��kES,K� rvo. 4 �.�' � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 1025, Subdivision 6 (B) to permit structural repairs and the addition of a foundation below an existing garage located 1.1' from the property line, and variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit a variance to permit an alteration to existing hazdcover over 25% to permit replacement of a deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250' lakeshore setback., subject to the following conditions: l. Authorities granted by this variance 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 this variance will expire on that date (September 24, 2002). 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, understand 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 September, 2001. ATTEST: ', � ��, , � _ \_�� /�� } �/,� ' , � ;;��. ., �, �/_�-C ')ZGL C% 1�. L/,�-+G�' �� '.� !�v� � ��•� i,,. ,��. �Ry Linda S. Vee, City Clerk Barbaza A. Peterson, Mayor � r . _«- , �'�, Prope Owner (s) �" Page 3 of 4 ' � � ��— /!� 0,�,. O o �e. � , � � CITY of ORONO ,� , �� G'�' '� RESOLUTION OF THE CITY COUNCIL �t9 4�'/ N O. 4 s � '� �kES� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24`'' day of September, 2001 by Barbara 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. 'r �� RACHEL DODGE �,j��=i�:`: NOTARY PUBUC-MINNE^OTA �,/� � ��, My Cortrnbslon E�ires Jan.31,2005 �"�� O`%—�— - J Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this /U�day of_�e.T�� , 20� before me a Notary Public within and for said county, personally appeared ��.j,cJ it.{_ �,¢��c,/, �.{q.,�KiEp 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. Notary Public STATE OF MINNESOTA ) ) ss. NOT�Pt�ic�t�r� COUNTY OF HENNEPIN ) t�tycommbsioaExp�es�31�� On this 1�+�' day of �C{-c,��r , 20� before me a Notary Public within and for said county, personally appeared C-c._--t-r i c %c� S- �c i /c�/, `YYt�/"i�� known to me to be the person(s) described in and �vho executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. r'�. �.� - RACHEL DODGE r� ' =--';�` ��.c��c.�Q f.�cc�r�--�-. � ;. _->� NOTARY PUBUC-M�NNE^OTA a� '�� My Cortunissia�ExPir'es Jen.31,2005 ` ��✓ Notary Public ��1 - � - Page 4 of 4