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Home My WebLink About#4974-ATF V's-2003 � o� 0 0 - �'��.-�� CITYof ORONO ,� �, 3 ;�, �., ti �'�'L � � �G~ RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. � Q' j� �� A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTION 10.55, SUBDIVISION 8, SECTION 10.G3, SUBDIVISION 14(C), SECTION 10.56, SUBDIVISION 16(C)(6), AND SECTION 10.56, SUBDIVISION 16(L)(1) FILE NO. #03-2880 �VHEREAS, Fred A. Johnson (hereinafter "the applicant") on behalf of Randy and Michelle Chwialkowski (hereinafter "the owners") has made application for after-the-fact variances for the property located at 1926 Fagerness Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached hereto as Exhibit A (hereinafter "the property"); and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Planning Commission held a public hearing on April 21, 2003, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has requested after-the-fact variances to Municipal Zonin� Code Section 10.22, Subdivision 1 and Section 10.�5, Subdivision 8 to permit the construction of a second-story deck within 7�' of the OH�VL of Lake Minnetonka where no structure is normally allo�ved; a variance to Section 10.03, Subdivision 14(C) for lot coverage by structures of 1650 s.f., in excess of the 1�00 s.f. normally allo�ved; a variance to Section 10.56 Subdivision 16(C)(6) to permit a 5' encroachment of the average lakeshore setback; and a variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4°io) of hardcover within the 75' lakeshore setback where only 2,079 s.£ (2b%) of hardcover had previously been approved. iV0«', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2880. Page 1 of 6 � o� 0 0 . ' � CITY of 4RON0 � :.. � � � �� ti �'� � �� G~ RESOL T U ION OF THE CITY COUNCI L t`�kESH�4� N0. ��. �...`� ��' ��:�. 2. The property is located in the LR-1 C (%2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended denial on a vote of 7 to 0 for variances to allow the second story deck to remain, but recommended approval of the additional 36 s.f. of hardcover over and above that approved by prior City Council action, finding no hardship to justify allowing the second story deck to remain but finding that the second doorway on the first story necessitated the additional 36 s.f. of deck and stairway area for safe access. 4. The City Council reviewed this application on April 28, 2003 and made the following findin�s: A. The approvals granted for construction on this property via Resolution No. 4579 adopted December 11, 2000 did not include approval for a second story deck. B. To obtain a building permit for construction of a new residence on the property, the applicant submitted construction plans which included a first story screen porch and second story deck. During the City's plan revie�v process the building plans were clearly marked by the Orono Building Official to note that the screen porch and second story deck �vere not approved, and a set of plans so marked was provided to the applicant when he was issued the building permit on May 18, 2001. C. The applicant constructed the second story deck despite the lack of approval for the deck. The Orono Building Inspector did not note that a second story deck had been constructed, and a Certificate of Occupancy was issued for the completed residence on March 8, 2002. D. Shortly after the Certificate of Occupancy was issued, the Orono Building Official noticed the decks and contacted the applicant by phone in June 2002, advising the applicant of the apparent violation and advising him to take steps to eliminate the violation, one option of which was to apply for an after-the-fact variance. Page 2 of 6 � � O ' V O O ' ' � CITY of URONO �� . ,� ,:� ti `� �' ��, �:�' ti '� O RESOLUTION OF THE CITY COUNCIL L�kEsH�4� N0. � � `�`' E. No action was taken by the applicant, and he sold the property to the owners in January 2003. F. In February and March 2003 the Buildin� Official sent letters to the applicant in a further attempt to gain compliance, which resulted in this application. 5. The City Council finds that the increases in structural coveraae and encroachment of a second story 5' into the average lakeshore setback must necessarily be granted in conjunction with any after-the-fact approval of the second story deck. 6. The City Council finds that �vhile the second story deck construction should not have occurred, denial of the after-the-fact variances would unfairly penalize the owners who purchased the property from the applicant with no knowledge that the deck was not in compliance. 7. The Council further finds that the circumstance that the City failed to file a timely written notice to the applicant of the violations act as a hardship which supports the grantin� of the requested after-the-fact variances. 8. 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; tha� grantin� the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or .difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and w�elfare of the community. Page 3 of 6 � o� 0 0 . �'��-� CITY of 4RONU � , � � ��{- �, ��t \ �� G~ RESOLUTION OF THE CITY COUNCIL `9kESH04 N0. �- � '� " ��. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants after-the fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit the construction of a second-story deck �vithin 7�' of the OHWL of Lake Minnetonka where no structure is normally allowed; a variance to Section 10.03, Subdivision 14(C) for lot covera�e by structures of 16�0 s.f., in excess of the 1500 s.f. normally allowed; a variance to Section 10.56 Subdivision 16(C)(6) to permit a 5' encroachment of the average lakeshore setback; and a variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4%) of hardcover within the 75' lakeshore setback �.vhere only 2,079 s.f. (26%) of hardcover had previously been approved, subject to the following conditions: _ _ l. This approval is for the second story deck as constructed, and the first story deck, stoop and stairways as constructed and as depicted in photographs dated 10-21-02 and located within zonin� file #03-2880. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for an after-the-fact building permit �vithin one year of the date of Council approval, or this variance will expire on that date (May 12, 2004). 3. Violation of or non-compliance with any of the terms and conditions of thfls 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 owners have read, understand and hereby a�ee to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby a�ree to the recording of this resolution in the Chain of Title of the prop erty. Page 4 of 6 � O� O �, 4 . a ��°�� a �CITY of ORONO � ,,:.. �, � , :a` ti �L �G~ RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. � �' �� `�� Adopted by the City Council of the City of Orono, Minnesota at a regular meetin; held on the 12th day of May, 2003. ATTEST: --Y:� 1 a%2':.��.. �"- l�� "u.°�C' �e��t`j�J Linda S. Vee, City Clerk Barbar�A. Peterson, Mayor - .�. � -- - � 'L, Prope O er (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this/Z�day of M�� _ 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. • I A.l A l�1�ii ci � i�.w�1[� TL��a �.s�o Jf Not ALISSA A.WINTERNHEIMER STATE OF MINNESOTA N07ARYPUBLIC-MINNESOTA COLTNTY OF HENNEPIN :;;�� Nh Com�ion F�pin,s Jzn.31,2006 �. The foregoin� instrument �vas acl�nowledged before me on this I ��"�"� day of } � ^`C��_� , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatio�n and said instrument was executed on behalf of the City. ��- - `� ""''�. RACHEL DODGE ; (� ( P.OTARY PUELIC-�diN�d["OTA ��L-(�C�C ��"'� �' � �; �;y Ccmmiss�on Expues,Jan.3t,2�C5 NOt3Iy PUb1iC � ?..�.w___ __-==-_-w..��r'� ;'_-.,r".'-._�. Pa�e 5 of 6 � °� 0 0 - - �'�� CITY of ORONO ,� ;� �, ti �'�L � �� G~ RESOLUTION OF THE CITY COUNCIL �kEs�IOg' N0. � � 'b �_�. STATE OF MINNESOTA COUNTY OF HENNEPIN On this �� day of__ jun�, � Z p �, _�-I�cL� Ile. J7. C4��1�,�ti1 ka��sl�' �t��,C personally appeared before me, who is personally knotivn to me ✓whose identity I proved on the basis of �V� 1�C, «hose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoin� insh-ument, and acknowled�ed that he/she/they executed the same as his/her/their free act and deed. ---- - - _- ,, ��t D�NISE M. LESKINEN 'j NOTARY PUBLIC-MINNESOTA � } :;��:." My C�ion Expires Jan.31,2005 ,� ��'�:�� ' Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this � day of .�v� 20 o3, �n� (�h � �'�G,u��Kuws/C `, rvta�n'�.. personally appeared before me, who is personally kno�vn to me _� whose identity I proved on the basis of_ � 1� L «hose identity I proved on the oath/affirmation of , a credible witness and �vho executed the foregoing instrument, and acltnowledged that he/she/they executed the same as hislher/their free act and deed. /� � / ; ��X-' � 0 DENISE M.LESKINEN `� � NOTARYPUBUC-MINNESOTA Notary Public :a,;: My Carurdssion E�ires Jan.31,2005 PaQe 6 of 6