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Home My WebLink About#4768 - variances - 2002 i/�__ \ /'.�, O,�. O O ' CITY of OROND ',' ^ � ti ') �t ��,/� RESOLUTION OF THE CITY COUNCIL ��kESHOj NO. � '�' � � = A. Planning Commission finds that a lot width and lot area variance is not required since the existing house walls and foundation will be used,without structural repairs. If the �valls or foundation are found to require structure repair or replacement, the property would require an application for additional variances to lot area and lot width. B. The Planning Commission recommended the total lot coverage by structure shall not exceed 15%. C. The proposed additions do not require variances for location or size. D. There is a large driveway and parking area on the property that would be reduced in size. The total hardcover in the 75-250' setback would be reduced by 591 s.f. E. The existing house is located 72' from the street property line requiring a longer driveway to serve the property. An existing garage is being removed to allow for construction of a new garage. F. Applicants have requested to add to the existing house rather than build a new structure on the property. Owners have stated the existing foundation and building will not be removed or altered as part of the remodeling plan. 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 zoninJ district; that granting the variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard or other danger to neighborin�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 includin� 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. Pa�e 2 of 7 /� 0� � � O O � �d - , � � CITY of ORONO � �� t p'�'�% RESOLUTION OF THE CITY COUNCIL �kESH�� NO. � '� � � � CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zonin�Code Section 10.22,Subdivision 2 and Section 10.56,Subdivision 16 (L) 2 �o permit 3,564 s.f. (31.3%) hardcover in the 75-250' lakeshore setback where 4,155 s.f. (36.5%) exists and 2,873 s.f. (25%) is allowed, to permit additions to the existing house subject to the followin� conditions: 1. The existing shed and all hardcover proposed for removal is completed prior to a final inspection. 2. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is properly directed. 3. The property shall be developed in conformance with the site plan attached as Exhibit B. 4. If it is determined the existing foundation is required to be replaced or repaired, all variances approvals shall be withdrawn by the City of Orono and a new variance application shall be submitted by the applicants. 5. Authorities granted by the variances 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 these variances will expire on that date (March 11, 2003). 6. Violation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersi�ed o�vners 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. Page 3 of 7 / p� � � � . /�o 0 ' - CITY of ORONO s- . � ti J/ � p~' RESOLUTION OF THE CITY COUNCiL �kES_H� NO. � '� � $ �— Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the l lth day of Mazch, 2002. ATTEST: � /� � `��z,Cr�,�� '/ '� �`\� Lin a S. Vee, City Clerk Barbara A. Peterson, Mayor �� , � Applicants STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoinQ instrument�vas acknowledged before me on this 1 lth day of March, 2002 by Barbara A. Peterson, 1�layor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��.� .. �� . x.u.C.�o.�-�o n Not Public � ALISSA A.WINTERNHEIMER STATE OF MINNESOTA NOTARYPUBLIC-MINNESOTA COLNTY OF HENi�tEPIN : q ►uty Comrr�ssicn E:F�;;;,;��:;.3L 2006 ,.::E..;t.,<>. The foregoin� instrument was acknowledged before me on this /��` ' day of /� k�f r"l � , 2001�— 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. , ':YT_.� RACH�L DODGE �/�� L �--�_.c `��G�� 1 NOTARY PJBLIC-h11hNE^OTA Notary Public �`a�r,•-,.�' '�ty Commusion Expires Jan.31.2005 • �� Page 4 of 7 /,% O � � �� O O , ' CITY of ORONO �'.D. - � ti %'I 'C� G~'�' RESOLUTION OF THE CITY COUNCIL ��kESHOj/ NO. � `�C° � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of ��i,�� , 20�1Z, �ti�.u-51��.� e- (�•-� Cr�t _personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of ti'�'�% ��- whose identity I proved on the oath/�rmation , a credible witness and who executed the foregoing instrument, and acknowled��d that he/she/they executed the same as his/her/their free act and deed. � j� ��'- �lc��`�'��.��' Notary Public STATE OF MINNESOTA �� f�� D�NISE M.LESK' COUNTY OF HENNEPIN N°Rwrr�t�c-�R� -� :,,�: atr co�s�°"�' On this f � day of :) v�-��= , 201J2, (�� r�c{ � � . �?��r�-e- _personally appeazed before me, who is personally kno�vn to me v whose identity I proved on the basis of �� -- whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoinD instrument, and acknowledge that he/she/they executed the same as his/her/their free act and deed. , -- i�,lZti:�� <, — � Notary Public ' _ _SOTA _�Jan.31,2005 � ;�.• .. _. - DENISE M.LESKINEN NOTARY PUeIlC-N�ESOTA �,y�mmbsiOn ExpYes,)an.31,2005 Page 5 of 7 . i 't , . . �� • ' . � 7b' � ,�_ . LEGAL DESCRIPTION OF PREMISES : � • . Par . 1 . All that part of Lot 120 in Spring Park ond ail thot unplatted tand and that portion of Lake Shore Avenue vacated.� lying between Lot 120 of Spring Park, and the side linesvof �said lot pro�ected 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 Southeasterly of a line running parallel with and 5 feet distant North— westerly frcm the Southeasterly line of said Lot , and 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 avenue 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 . � Page 6 of 7 . _ , . '._ _ - 1 . � 1 �,� � � � . . 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