The URL can be used to link to this page

Home My WebLink About#5050-variances-2003 , � � O� O ,�� _ O � ��;�,�,; � CITY of ORONO �, ,.� �ti �� G RESOLUTION OF THE CITY COUNCII �kESH�4 N0. 2� � �� '� A RESOLUTION GR��1TI\G VARIANCES TO 1�IUNICIP�i. ZO\Il�'G CODE SECTION 78-282 A:'��D SECTION 78-1288 (B) FILE 1�0. 03-2940 `VHEREAS, John Scot Har�-ey and Elizabeth Ann Harvey, husband and wife, (hereinafter "the applicants") are t��:� o«-ners of the property located at 1199 Elm�vood Avenue within the City of Orono �hereinafter the "City") and legall�- described as follo�vs: Lots 12 and 13, Skarp & Lindquists Fernhill Lake Minnetonka, Hennepin County, Minnesota �hereinafter the "property"); and �VHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (b) to allow reconstruction of an existing deteriorated deck located partially �vithin the 0-7�' lakeshore setback zone where no structure is normally allowed, and partially �i-ithin the 75-2�0' lakeshore setback zone contributiLQ to excessive hardcover �vhere only 25% hardcover is normally allowed. NO`V, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FIi�DI�1GS 1. This application was revie��ed as Zonin� File#03-2940. 2. The property is located in the LR— 1 B, One Family Lakeshore Residential District which requires a minimum lot area of 1 acre and where the actual lot area is 0.387 acres. 3. The Plannin� Commission r:��ie«-ed this application at a public hearing held on September 1�, 2003 and recommended approval of the hardcover and lake setback variances based on the followin� findings: Page 1 of� „ ��. i � 4 � O� O �,� O ��,��.:-� CITY of ORONO .� �� , � � � '�� ti � � = 'j� G~ RESOLUTION OF THE CITY COUNCIL �t�kESH04� NO. � — � � � a. The existin� property cunently exceeds the allowable hardco�er limits. Certain eYisting landscape areas lined with fabric or plastic can and should be made non-hardcover as a condition of variance approval. c. A deck currentl�- exists partially within the 0-75' zone and partially «�thin the 75-2�0' zone. This deck has deteriorated and needs to be replaced. d. The existin� deck currently encroaches 3' into the required 75' lake setback. e. The replacemen: deck is proposed to be of the same size as the esisting deck. 4. The City Council h� considered this application includin� the findinas and recommendation of the Plannin� Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existin� on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to nei�hborin� property; would not nerely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser�•e a substantial property right of the applicants; and would be in keepin� with the spi��t and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND C0�IDITIONS Based upon one or more of L�e above findin�s, the Orono City Council hereby . �ants variances to Orono Municipal Zonin� Code Section 78-282 and Section 78-1288 � (b) to allow an existin� deteriorated deck to be replaced, subject to the follo��-in� conditions: � Page 2 of 5 � i�� r� . . � O� O .,' O � ��}� �, CITY of ORONO � � �� c�� ✓ _�'�' 'C� � G~ RESOLUTION OF THE CITY COUNCIL t�kESH�4� N0. � '� ��' � 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council revie�v. 2. The new deck shall be of the same size as the existin� deck and may be shifted to the north a few feet to accomplish a safer exit to the stair case. 3. Hardcover in the 0-7�' zone shall not increase above the 4.56%. Hardcover in the 7�-2�0' zone shall be limited to 3,558 s.f. or 38.2% per the proposed plan and hardcover allowance summary as depicted on Exhibit�. Applicants are advised that any future requests to increase hardcover or chanQe the nature of esisting/approved hardcover shall require City appro��al, and increases in hardcover w�ill not likely be approved without concurrent reduction in existing hardcover. 4. The applicants are advised that the esisting shed along the northern property line is non-conforming in location as it should be setback 10' from all property lines and other structures, and any future replacement of that shed will be required to be in a conforming location. 5. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the prope�-ty to ensure their permeability as non-hardcover surfaces. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (September 22, 200�). 7. `'iolation of or non-compliance �vith any of the terms and conditions of this resolution shall constitute a violation of the zoninQ code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understand and hereby a?ree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�s, hereby a�ee to the recordin� of this resolution in the chain of title of the property. Pa�e 3 of 5 .� 0,�. O ,,� _ O T ,� CITY of OROl� O � 11� 7 �� ::� � �'� � \ �(�� G~ RESOLUTION OF THE CITY COUNCIL ��kESH�4� N0. '� � �� Adopted by the Orono City Council on the 22°d day of September, 2003. ATTEST: �,,, ,".' �� , � c./��.'�2�%: .�� . �r�'��--��4.� '�_�� Linda S. Vee, City Clerk __ Barbara A. Peterson, Mayor operty Owner(s) STATE OF MINNESOTA COUNTY OF HENl�'EP1N ��` The foregoing instrument was acknowledged before me on this �d day of September, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a �linnesota municipal corporation and said instrument was esecuted on behalf of the City. z;Y.,,-� . .::�:'' � . RAC1-�EL DODGF fi', `-- ��C� �� /`�-�.-� �/��',�� r�cra.v aunuc-a+iu�.�"OTA Notary Public ��. _ �,47 Comrr'ssion Expires Jan.31,20�:i �. c�-�=� STATE OF MINNESOTA COUNTY OF HENNEPIN {-, The foregoing instrument was ackno�vledged before me on this-7��Y day of L��? , � -'j�� , 2003 by Linda S. Vee, City Clerk of the City of Orono, a i�1innesota municipal corporation and said instrument was executed on behalf of the City. � - _._..._..�.�CN�L DODGE <:,-�,. '� I'` CC C �-�--'� LJ c;G.z � NO�?RY PUBUC-MiNh�?�-q ` '-`y Ccmmi:s�on Expires Jan.31,2��C5 � Notary Public __.__ _ -______.. ....._�.._.�� .. Page 4 of 5 ;� I � ili! � o� o ;,� _ o � ��.�� , CITY of ORONO � � �Y, .Q(� � '�t ��G RESOLUTION OF T E C}ITY COUNCIL �kESH�4 NO. � � �' � State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledQed before me this Z�c�ay of �.��003 by John Scot Harvey, husband of Eli�abeth Ann Harvey. '� BARBARA G.SILUS �� NOTARYPUBLIC-MINNESOTA Notary Public pqy�orrunissfon E�irEs Jan.31,20� State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledQed before me this Z�ay of �T_ �,p��,�G� 2003 by Eligabeth Ann Harvey, wife of John Scot Har1-e��. � �� _ Q�f� BARBARA G.SILUS ota,-y Public NOTARY PUBIIC-MINNESOTA ;;.y,�° My Commissian Expues Jan.31,2008 PaQe 5 of� � ' EXHIBIT A • � ��. ` �� . �.�;,�: ��`� � � -.:� :* �'r -. ��. � � �-�::_� t:�^.=�� n - - .,- � Y 4� V '1'h�dr.� �l N �t ihcrtasc cn s� 'c ao �ow n . oni �c aYc� s�,own as �5 a�owcd. 328 s f. . � � � C� a S-k tcrC,�iSL.'�C d t,G�C. 1'Y�D� a fSo b C 9� f cct _ — — i76. a � . y Nor iF -' ' dcsir �y ;L' - � 0. -�c -�tc . �3 p P�� tt•Z �Q.� � � � Z� � 's - . �o� 3� U,�y� � , � - _ � � , zs.� ��+ �r �� . . � � � ��r�`St� b � �� Z �Zs � `�Nj �� 6.8 Cb � � ,� �r� f � 2,�s,,r �i.b �.c Q D S ��K� S�� ' �� t63 �. G� ►e � � ' �'� 38 � �3. � ;2 i 7.8 �� ' ~ . 1 � � ` � /�d t CObc'1.v000 ,:vE � Lar /Z � �3 l ADO/r I99 �L/YI fi1/Uu/� 02o•v�, �;ti,� �ss SK�4 �2� f� 1�D L� �IDQ.c i s Ts' �rR�r�1��L 9M- �=WCCO STAKE?C�CJ J = tRaN MON. �� = iRCV MCN. INPI�,C� �EARINGS CN ?RCPOSED IN�^,R�,WTiC�I r'.�RAGc=LaCR E?�'/. a,SSUMED OATL;M �SS�_CCR ��/_ 'CP 9LCC:C E?�'/. P.;�c�1EVT�.'�/. • . . =3P �--=ORAINRGE ��QO.Q =E?CIS�. =�!�V. (GC�.0)_ �RCPOSE� ELc1/. aQ0.0 =E7C1ST.3 PRCP E� c��. I here�cy crr�fy tt�at r:is�rtrticaza cf survey vres pre�areC Cv me ,; 8� SCHOBORG or unCer my CireC Jucesmscn arM;na�� am a duly Regrstarec �and �03 � D SUR��IN� Surveycr uncer tre�vrs ct�sa � ct�[inne�ora. � .. 900K-�AGc /Nc. � � 5 7 '_ � sc.� a�cr cc.�a t�sE „ � %Q3?T'�221 O+�r+ct hW �53.''J Datn: 1'�� _ ZQa'�3 =cecirarr.�nY,� n�� td7rn / _ �D