HomeMy WebLinkAbout#4924-reaffirming to allow const.per site plan attached to #4768-2003 . �►
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A RESOLUTION ���
REAFFIR��IING THE ORIGINAL APPROVAL
TO ALLO�V CONSTRUCTIOi�' PER THE
APPROVED SITE PLAN ATTACHED TO
RESOLUTIO�' NO. 4768
FILE NO. 02-27�3
- �VHEREAS, Wesley Byrne and Brenda Byrne, (hereinafter "the applicants") are
owners of the property located at 2817 Casco Point Road�vithin the City of Orono(hereinafter"the
City") and legally described as follo�vs:
Attached"Exhibit A",Hennepin County,Minnesota(hereinafter"the property");and
`VHEREAS,the applicants were granted variances for hardcover on March 11,2002
per the findings and con�itions of City Council Resolution No. 4768 to permit additions to the
existing residence; and
WHEREAS, Condition 4 of Resolution I�'o. 4768 stated as follo�vs:
"If it is determined the existing foundation is required to be replaced or repaired, all
variances approvals shall be withdra�vn by the City of Orono and a new variance application .
shall be submitted by the applicants."; and
`VHEREAS, subsequent to issuance of a permit for construction of the proposed
additions,and after substantial work had been completed on those additions,the pre-existing second
story of the existin� residence was removed due to stnictural inte�-ity issues. A portion of the
remo��ed second story had encroached into the required 10' side yard and �vas considered as
nonconforrnin�, and therefore its replacement ���ould normally be subject to meetin; all setback
requirements. It�vas further determined that substantial�vork on the foundation would be required,
trig�erinQ the potential for further revie�v; and
�ti'HEREAS,the issue was brought forth to the City Council on January 13,2003 and
it �vas referred to the Planning Commission for a recommendation; and
«'HEREAS,the Plannin�Commission held a public hearing on January 22,2003 to
review the status of the construction. Planning Commission concluded that in retrospect it was
unclear during the March 2002 revie��•that the applicant actually had proposed to raise the roof 3-4'
within the substandard setback area. Plannin� Commission voted 6-1 to recommend approval for
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rep�acement of the second story back to the original building envelope but not extendin�any higher
�vithin the substandard setback than previously existed; and
«'HEREAS,the City Council reviewed the application and the recommendations of
staff and the Planning Commission,and concluded that althou�h no side setback variance for second
story expansion�vas specifically approved or documented durin�the prior review,the Council had
approved the second story expansion without requiring a variance by its actions in March 2002 per
buildin� plans attached to Resolution I�To. 4768, that the plans had not chan�ed, and that the
applicant had relied in good faith on that approval to commence his construction project and had
invested substantial sums toward that project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that the approvals granted for construction of additions to the residence at 2817 Casco
Point Road are reaffirmed, and applicant may construct the second story as depicted on the plans
attached to Resolution No. 4768, and may repair or replace the foundation as necessary to support
the structure above it.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the l Oth day of February, 2003.
ATTEST:
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Linda S. `'ee, City Clerk Barbara A. Peterson, Mayor
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STATE OF MINNESOTA
COUNTY OF HEI�TNEPIN
The foregoin�instrument was ackno�vledged before me on this l Oth day ofFebruary,2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument�vas executed on behalf of the City.
Notary Public
' A!J�SA A.WINTERNHEIMER
NOTARY PUBL(C-MINNESOTA
STATE QF MINNESOTA `�;:� �'y Commission ExF�;es���.3t,2006
COUNTY OF HENNEP iN
__, The fore�oing instrument was acknowledged before me on this f=�`�"� � day of
_�- -t �� t t�.c�_ t�_� , 200 �_� by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation a�1 said instrument�vas executed on behalf of the C i t y.
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EXHIBIT A � � ;� r�
RESOLUTION NO. 4�
LEGAL DESCRIPTION OF PREMISES : � •
Por . 1 . AII that part of Lot 120 in Spring Pork and ail that unplatted
lond and that portion of Lake Shore Avenue vacated, lying between Lot
120 of Spring. Park. and the side linesvof �said lot projected to Lake
Minnetonka , according to the plat thereof on file or of record in the
office of the Register of Deeds in and for said Hennepin County. which
lies Southeasterfy of a line running parallel with and 5 feet distant North—
westerly from the Southeasterly line of said Lot , ond the extension thereof .
Par . 2. Lot 119, Spring �Park ; including that part of Lake Shore Avenue vacated,
and that part of the land between sa'id vacated aven�ue and the shore of Lake
Minnetonka lying �between thte side lines of said Lot 119 extended to the shore
of Lake Minnetonka, according to the recorded plat thereof . �