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Home My WebLink About#4801-variances-2003 s �. � O� O � O ��:��,� CIT�' of ORONO � ;� ��:� ti '� � ��::�°�S ti . � �,. p RESOLUTION OF THE CITY COUNCIL t`9$Eg�Og'� N O. �' � �t u A RESOLUTION GRANTING VARIAI�CES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 A�D SECTION 10.56, SUBDIVISION 16 (L) (2) FILE I�'O. #02-2778 WHEREAS, Kevin Manley and Janet Manley, husband and wife, (hereinafter "the applicants") are owners of the property located at 1973 Fagerness Point Road within the City of Orono (hereinafter "the City") and is legally described as follows: Lot 7, Fagerness, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, 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 April 15, 2002, at �vhich times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and `VHEREAS, the applicants applied to the City of Orono for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and raising the roof within 75' of the lakeshore; and for variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover within the 75-250' lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C) to permit additional structure over 15°o on the property; and «'HEREAS, the Council approved variances to permit the expansion of the roof line and raisin� the roof of the house on April 22, 2002; and WHEREAS, the Council tabled the variance request for the deck addition on April 22, 2002 to allow the property o�vner to revise the plan to lo«�er the deck belo�i� 6' to eliminate the variance request that increases the lot coverage by structure; and NO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlinnesota; 1. 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 variances would not adversely affect traffic conditions, light, air nor Page 1 of 4 , r , � O I � O O�ti� ��.�� CIT�' of ORONO � '��`�� . � ' � ��_ �,. p~' RESOLUTION OF THE CITY COUNCIL �`�k�EsHo4"� rvo. 4 � � � pose a fire hazard 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 YiCSZ1ti G a su��tantial property right of the applicants; and �vould be in keeping �vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 2. 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. CONCLUSIO�'S, ORDER AND CONDITI0IV'S Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover �vithin the 75-250' lakeshore setback over 25% for construction of an 84 s.f. deck that replaces a larger deck that was nreviously removed by the property o�vners subject to the following conditions: 1. The deck shall not exceed 6' above existing grade. 2. 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 (May 13, 2003). 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 assi�ns, hereby agree to the recordin� of this resolution in the Chain of Title of the property. Paae 2 of 4 r ,, � , o--;\ : 7 I ;!O O � � �� CITY of ORONO ,� �1� �� ~' / ' RESOLUTION OF THE CITY COUNCIL / \'�g�-I�� NO. � � �' .a. �— Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 2002. ATTEST: ��-y��, ,� �/.�-E--- -- Linda S. Vee, City Clerk Barbara A. Peterson, Mayor C � � Pro� O�vner STA F MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�J�'Ch day of May, 2002 by Barbara A. Peterson, Nlayor of the City of Orono, a Miruiesota municipal corporation and said instrument was executed on behalf of the City. .� : ``, LINDA S. V�E " � NOTARY PUBUC•PYI�NNESOTA � � l�� _,;:,,, `"�;,'' My Commission Expires Jan.31,i005 — l�I� ' �� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN J j The foregoin� instrument was acknowledged before me on this 1/ day of � ''��c't�, 200 � by Linda S. Vee, City Clerk of the City of Orono, a I�linnesota munic pal corporation and said instrument was executed on behalf of the City. �`�'`:�:,; ,�;��, ,. ^.,.,r�-r.r^?;�r... <..._<�.� . i , ��'i%�� A P,ACH�!�ODGE � :` 1 NOTARY PUELIC-NI�.NE�OTA Notary Public ��_ / My Ccmmiss�on Expires Jan.31,2005 t�.'-' Page 3 of 4 � ' e. t 'c. i � / iO--=�\ . , �� \ i O 0�,, � �d - _, � �� CITY of ORONO � �!- \��t ��,'�'�% ' RESOLUTION OF THE CITY COUNCIL \��kESHO/ N0. � � � � ��— STATE OF MINNESOTA COUNTY OF HENNEPIN On this d.� day of ��v�r�; , 20�3 , %Ccrl�}" /�cc n�e c.1' personally appeared before me, who is personally known to me ,,;• �.vh'ose identity I proved on the basis of R Zv �L w�hose identity I proved on the oath/affirmation, a credible witness and ��rho executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. --- � �,�;: ,� .��u �,__ Notary Public DENISE M.LESKINEN - NOTP,RY PU9UC-MINNESOTA F �,�� , : '�� h'y Ccmmiss ,Ezr� J^�.3i � �, STATE OF MINNESOTA ;;_ � .� _ __ .-. � �--�- -�=�`' COUNTY OF HENNEPIN On this �� day of _)�t��«'_'� , 20 J � T )��'�;� f''?��e �) ✓ personally appeared before me, who is personally kno�vn to me �vhose identity I proved on the basis of whose identity I proved on the oath/affirmation, a credible witness azd who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ' � KRJS]7 �l:.i��. I, �z-:.' WpTA1� @'/4(y�$0 �4� _��c r.-,___ � , Notary Public ��7� ��'� 200� ,, ,� , Page 4 of 4