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Home My WebLink About#4750-after the fact variances-2002 � , ___�� ,-= O � '-��' �' �O O�, ' �: - I'� CITY of ORONO I � �, �,� \��9 �G'�' ' RESOLUTION OF THE CITY COUNCIL \ �fESH�j NO. � � � �► �� - A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14(C), SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16(L)(2) SECTION 10.22, SUBDI`'ISION 1 (B) AND FILE NO. 02-2737 WHEREAS,Charles D.Pyle and Shirley Pyle, (hereinafter"the applicants")are the owners of the property located at 3548 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 174, Taylor's Subdivision of Spring Park Lots, Hennepin County, Minnesota (hereinafter"the property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Zlunicipal Zoning Code Section 10.03, Subdivision 14 (C) to germit replacement of an existing lakeside deck and walkw�ay repair permitting 2,440 s.f.(20%)lot co��era�e by structures�vhere 2,440 s.£ (20°�0)exists and 1,833.75 s.£(15%)is allo�ved,Section 10.22,Subdivision 2 and Section 10.56, Subdi�•ision 16 (L)(2) to permit 761.5 s.£ (18.67%) of hardcover in the 0-75' setback area where 761.5 s.£ (18.67%)exists and 0 s.f. (0%)is allowed,and Section 10.22, Subdivision 1 (B)to permit 2�3 s.f of structure within 75' of the lakeshore; and WHEREAS, after due published notice and mailed notice in accordance with I�linnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2002, at �vhich time all persons desirin� to be heard concerning this application were given the opportunity to speak thereon. I�'O`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FI�'DINGS 1. This application�vas review•ed as Zoning File#02-2737. Page 1 of 6 i�� O� O O . CITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNCIL �g� � NO. A=,�� 2. The property is located in the LR-1C Zoning District,where 21,780 s.f. or.5 acre is the minimum required lot azea. The property consists of approximately 12,225 s.f. or.28 acres. 3. The Orono Planning Commission reviewed this application on January 22,2002 and recommended approval of the proposed variances based upon the following findings: A. Resolution#3183 approved 2,533 s.f.(20%)lot coverage by structures on the property. B. The deck is an equal replacement to what existed. The walkway is being repaired. C. The deck and walkway provide access from the second story of the residence to the lakeside of the property. D. The hardcover in the 0-75' setback area is increasing minimally(30 s.f.) to meet code standards. The removal of 177 s.f. of non-conforming landscape plastic in the 0-75' setback area is required in order for the site to meet city requirements. E. The deck and walkway have existed since at least 1992. ' 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; ttiat granting the vaziances will 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 hazdship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 variances on the health, safety and welfaze of the community. Page 2 of 6 %�� . ,� �11�' O o �. CITY of 4RON0 � � �� G'�' RESOLUTION OF THE CITY COUNCIL �Eg_g�� NO. L "�' „�, �a CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants after- the-fact variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to permit replacement of an existing lakeside deck and walkway repair to permit 2,440 s.f.(20%)lot coverage by structures where 2,440 s.f. (20%) exists and 1,833.75 s.f. (15%) is allowed, Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to permit 761.5 s.f. (18.67%)of hardcover in the 0-7�' setback area where 761.5 s.f. (18.67%) exists and 0 s.f. (0%) is allowed, and Section 10.22, Subdivision 1 (B) to permit 243 s.f of structure within 75' of the lakeshore. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. B. All landscape plastic scheduled for removal (177 s.f.) within the 0-75' setback area shall be removed prior to final inspection of the deck. 3. Authorities granted by these variances 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 these variances will expire on that date (January28, 2003). ' 4. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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. Page 3 of 6 i i�� O� O O ��. CITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNCIL ��sK� No. 4 7 � 0 Adopted by the City Council of the City or Orono, Minnesota at a regulaz meeting held on the 28th day of January,2002. ATTEST: �--��--L�f1�J� �t.Q:( � - Rachel Dod e, Depu Barbaza eterson, ayo � � Property Owner(s) � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoin� instrument was acknowledged before me on this 28th day of January, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,�--� . , � , / , � L. � N 'tary,P li ,lACKIE Y01l�;G � hora�r Pus��c-r.a�raca�scT.z STATE OF MINNESOTA tity Ccmmission E:cpirc,,;Jca.:;i,��05 , COUI�'TY OF HENNEPIN - The foregoing instrument was acknowledged before me on this��day of January, � 2002 by Rachel Dodge,Deputy Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. MAP.Y ANN JOHNSON G�� r�r�auc-MiNNESOTA Notary P lic �' �A�r Connieaton Exp�es Jan.3t.2005 Page 4 of 6 � � O . � � O O ��.. CITY of ORONO � � �� ,~' RESOLUTION OF THE CITY COUNCIL ��`9k'Egg_� NO. � � `�J � �_ STATE OF MINIVESOTA � COUNTY OF HENNEPIN On this�L�day of Q vc.�� , 20�, _ Chctr le� �v�<< '(�y �e 3Q . personally appeared before me, who is personally known to me �� whose identity I proved on the basis of dlil �V `i��,�fns t �c�►.�� whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � :.=ti;S�M.IESKiNEN . NOTARY PUBLIC-N�NNESdTA N�YCanmissbnExp6es,lan.31,2Co� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN + On this 3�S day of—�o�-�L�'u-r , 20 �2 �'�,✓'1 e�1 �� I� personally appeared before me, • who is personally know�n to me _� whose identity I proved on the basis of /"Yl l� ,�L whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. �,�-�-� �o��s�. :�t�� RACNEL OODGE Notary Public t.�� '%•' -��` N�TARY PU8UC-MINNE"OTA ��`�'- My Commisslon Expires Jan.31,2005 �__ Page 5 of 6 . -----_— �� , ' � ` � . • . . . ��'t3�ry�W Exhibit A � . . �� 3 . - . � 7 � � . . 1 � a ' � � Si-�e. 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