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Home My WebLink About#3774-variance-1996 . _ ,. �� % �� 0 0 , ��-b - , � '; C ITY o� ORONO '� ti l �� G'�'/ RESOLUTION OF THE CITY COUNCIL �kESH�4� NO. � "Y "� 4 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #2168 `VHEREAS, Todd A. Rooke and Donna M. Rooke (hereinafter "the applicants") are owners of the property located at 4190 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 30, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of 12'x16' main level deck at the northwest corner of the residence located within the 75-250' setback area of the property �vhere 2,626 s.f. or 55% is proposed and where 2�% is allowed. Hazdcover in the 7�-2�0' setback area exists at 2,626 s.f. or 55%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2168. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 11,994 s.f. or .275 acre. 3. The Orono Planning Commission reviewed this application on September 16, 1996, and recommended unanimous approval of the variance as proposed based upon the follo�ving unique findings and hardships: Page 1 of 4 .- _ , �� O O �-b CITY of URONO � � � ti �� ,~' RESOLUTION OF THE CITY COUNCIL �9kESHOg'� NO. 3 7 7 4 � A. 40% of the area of the property is located within the 75-250' setback area at 4,775 s.f. The total azea of the property consists of 11,994 s.f. B. 1,364 s.f. of hardcover improvements within the 75-250' setback area consists of retaining walls, exposed aggregate and rock over plastic. The majority of improvements are located within the west yard where the topography is at its steepest. Landscape plastic and aggregate rock help to reduce erosion. C. The proposed structure will meet all required setbacks. D. Structural coverage on the property will not exceed the allowed 15% proposed at 13.07%. E. The proposed deck is smaller than the deck that e�sted on the west side of the property. 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 zoning district; that granting the variance 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 applicants, 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. 5. 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. CONCLUSIONS, 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, Subdivision 2 to pernut construction Page 2 of 4 � .. � O� O O �� CITY of ORONO � � � ti �� ,'�' RESOWTION OF THE CITY COUNCIL �kESH�g' NO. � � "� � of a 12'x16' deck at the northwest corner of the residence and grants a 1,432 s.f. or 30% hardcover variance within the 75-250' setback area, subject to the following conditions: 1. 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 (September 23, 1997). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood 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. Adopted by the Orono City Council on this 23th day of September, 1996. ATT T: D Dorothy . H 1 , City Clerk Edwar J. lahan, Jr., Mayor i � . , �,� ' v _�. �. Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23th day of September, 1996, by Edward J. Callahan, Jr. & 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. `;%' /' �. ,,.. LiNDA S.VEE '7'v;, , ,/�� .::�, � k.�_ :" �� NOTARY PU6UGt,�INNESOTA ' •'Y :-•' HENNEPIN C6UNTY Ot1T'�' PUbI1C . • ••►•••' My Commission Expires Jan.31,2000 Page 3 of 4 � � � O ' V O O ��. CITY of ORONO � � � ti �� G�' RESOLUTION OF THE CITY COUNCIL 9kESH�g' NO.. � � "7 � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �C�" day of St:��na b P.- , 199� , before me a Notary Public within and for said County,personally appeared��,� t� . �,k�� ,;,r r'�ect_ �fll f'Dnnr f�l. i��ei�� 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. � `� ;- � . \-cL.i/�.�1 f� `,`•:jl°'��fG�2��.�� ° "' CAROLE A HASEMAN Notary Public � . � NOTARYPI�M�NNESOTA � ., - •' HENNEPIN COUNTY `••�•'°� My Commiulon Expires dan.31,Zn00 STATE OF 1VIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this =1 '__'_-'-'= day of �%��1�• �� , , 199 �:- ,before me a Notary Public withinandforsaidCounty,personally appeared i;ti;,-�r��: �I�i. f`�' c t:"t , ,,,�„, , ;. ��-l.� 7:;•�i�t =r.�t��:;�,;� 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. �� - �� ; / �. �,, :,:-� - --� -��- ��• IINDA S.VEE Notary Public 7` NOTARY PUBLIC-MINNESOtA ;:~ :' � HENNEPIN COUNTY `-�-•'�� My Commission Expires Jan.31,2000 Page 4 of 4