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HomeMy WebLinkAboutResolution 3116 �., . _ �; . ', � O� � O O b, - CITY of ORONO � � �ti RESOLUTION OF THE CITY COUNCIL ��`9k' pg'�G NO. 3116 ESII A RESOI�DTION GRANTING " • A VARIANCE TO MQNICIPAL ZONING CODE SECTION 10.22, SIIBDIVISI�ON 2 FILS #1700 WHEREAS, Dale J. McCurdy (hereinafter "the applicant") is the owner of the property located at 4041 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 7 and 8, and that part of the Easterly 11 feet of Lot 9 lying Northerly of a line described as follows: Commencing at the intersection of the Westerly line of said Easterly 11 feet with the Northerly line of said Lot 9 ; thence Southerly along said Westerly line a distance of 157.25 feet to the point of beginning of the line being described; thence def lecting left to a point on the East line of said Lot 9 distant 217.3 feet • Southerly from the No.rtheast corner of said Lot 9, and there ending, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a . variance to Municipal Zoning Code Section 10.22 Subdivision 2 to permit the construction of a 7'xl8' second story deck resulting in 119 s.f. of additional structural hardcover within the 75-250' setback area where there already exists 6 , 690 s.f. or 38.6� hardcover where only 25� is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: . FINDINGS 1. This application was reviewed as Zoning File #1700. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 25,710 s.f. • Page 1 of 5 • i . � , � , � O 'V • O O b - CITY of ORONO � F ��� �G'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 3116 3. e Orono Planning Commission reviewed this application in an earlier application involving increases in hardcover within the 75-250' setback area in 1986 (File #1088 ). Hardcover inventory was determined by the Orono staff and was reported at 5, 907 s.f. or 28.6�. The current survey of hardcover by a licensed surveyor shows hardcover within the � 75-250' setbacic area at 6, 990 s.f. or 38.6�. The applicant has added no additional improvements resulting" in increases in hardcover since the 1986 review. 4. The Orono City Council reviewed this application on April 27, 1992 and conceptually recommended approval of the proposed variance based upon the following findings: a) The proposed second story deck will not result in an increase in hardcover within the 75-250' setback area as the deck wi 11 be insta l led over an existing grade level patio. • b) There has been no increase in hardcover since an earlier variance review in 1986 that involved approval of hardcover variances. c) Steep topographies of this property make it unfeasible to remove existing paved areas needed to provide adequate turnaround maneuverability on site. 5. 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; that granting the variance would not adversely affect traffic conditions, li,ght, 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. 6. The City Council has considered this application including reports by City staff, oral and written comments by the � applicant and the effect of the proposed variance on the health, safety and welfare of the community. • Page 2 of 5 • f' � � ' E{ � O �: . � � S • O O S' b. - CITY of ORONO � � � . : '�' RESOLUTION OF THE CITY COUNCIL ��� �G ; �kESH�� NO. 3116 ; � CONCLDSIONS, ORDER AND CONDITIONS ' Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisi:on 2 to permit the construction of a 7'xl8' second . story deck to the street side of the existing residence subject to the following conditions: l. Applicant shall maintain hardcover within the defined setback areas as follows: 0-75' setback area = 7,600 s.f. existing = 1,022 s.f. or 13. 45� 75-250 ' setback area = 18,110 s.f. existing = 6, 990 s.f. or 38. 6� Applicant is further advised that any proposed improvements to this property that results in increases in hardcover that • applicant will be expected to remove existing hardcover either equal to or greater than hardcover resulting from proposed improvements. � 2. Applicant shall grant appropriate sanitary sewer utility and access easements over existing municipal sewer lines on the property. ' 3. Applicant shall obtain a building permit for the construction of the second story deck and repair of existing patio. 4. Authorities granted by this variance run with the property not with the applicant, 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 11, 1993). 5. 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. • Page 3 of 5 . �� , � . � . � O� � O O �b� - CITY of ORONO � � ti ��� �p'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' Np, 3116 6. e undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of May, 1992. AT E T: . - � othy llin, City Clerk Barbara A. Peterson, riayor 1�.�.�- � c \� Dale J. Mc urd Shirley J. McC rd • Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of May, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. o :•. . JAMIE L.BOSMA � ;,�• •` •� NOTARY PUBLIC-MINNESOTA • - . � HENNEPINCOUNTY Not r Public '.,...•�� My Comm.Expires 12-19-97 • Page 4 of 5 • . . . . .. . . . . . . . .. . . . . , . ... .. ' �, �, , . �- . . � �� . � �. . � ��b. - CITY of ORONO � � ��� �G'�' RESOLUTION OF THE CITY COUNCIL 9kESH��`' � Np, 3116 STATE OF MINNESOTA ) � � ) ss. � � COUNTY OF HENNEPIN ) On this �p� `� day of �"7'7�C�:�,( , 199� before me a Notary Public within and for said county, personally appeared b�a.2�_ *. fl'1 e �'u,tc�.a- a' . M� �-+ known to me to the per n(s) descr b d in and o executed the ' foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. dAMIE L.BOSMA ' ' NOTARY PUBLlC-MINt�ESOTA N RY P UBLI C I�IN COUNiY • Nly Comm.Expires 12•19-9T STATE OF MINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) � On this day of , 199 , before me a Notary Public within and for said County, persona,lly appeared - known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his� (their) free act and deed. NOTARY PUBLIC � Page 5 of 5 . • . _,.,�__. ._.._. ......r .,.._ -� -- - - - - �.. ,._......_:�� .,.,.�. .. .- _,__:_. �.:.., .. �.;.�.._,_:�._,..-- ,,�;-,�- �...+- -� �T'N•, - 't:. . � ' . �.. �. r .. �� . � ,':-. . ..:. ...r. .. . •vl�t^.a... . .. . '.. . �.� . . .a . .� . �.a.