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Home My WebLink About#4777-variances-2002 , .� , /i"'-� .�, O,�. O O �b� - � C ITY of ORONO ti �� G�/ RESOLUTION OF THE CITY COUNCIL ��Esxoj rvo. _ 4 x '7 �' A RESOLUTION RENEWING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISION 16 (L) FILE NO. 02-2757 `VHEREAS,Tenance C.Johnson and Jonell Johnson,(hereinafter"the applicants") are owners of the property located at 1045 Linden Lane within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and `VHEREAS, the applicants have applied for renewal of variances approved per Orono Resolution No. 3186 for variances to Municipal Zonin�Code Section 10.22, Subdivisions 1 and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16 (L) to permit the construction of additions to the existing residence and an attached garage, such construction constituting hardcover of 812 s.f. (7.2%) in the 0-75' lakeshore setback where 0% is allowed and 5,451 s.f. (40.5%) in the 75-250' lakeshore setback where 25% is allowed; 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 hearin�on March 18,2002,at which time all persons desiring to be heard concernin�this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application�vas reviewed as Zoninj File#02-2757. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where 1 acre is the minimum lot size and 140 feet is the minimum lot width. Page 1 of b �� O� O O �. CITY of ORONO � � . �� ,~' RESOLUTION OF THE CITY COUNCIL ��SH04'� NO. 4 7 '7 '�' 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 6 to 1 based on the following fmdings and hazdships: A. The fmdings noted within Resolution No. 3186 aze still valid. B. There have been no Zoning Code revisions that have changed regulations as they apply to the project as presented. C. The property owners have stated they plan to complete the project in stages. Any permits being applied for following one year would require a new variance application. 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 variances will not adversely affect tr�c 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 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 renewal variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; Section 10.5�, Subdivision 8; and Section 10.56, Subdivision 16(L)to permit the construction of additions to the existing residence and an attached garage,such construction constituting hardcover of 812 s.f.(7.2%) in the 0-7�' lakeshore setback where 0%is allowed and 5,451 s.f.(40.5%)in the 75-250'lakeshore setback where 25% is allowed subject to the following conditions: -� 1. The property shall be developed in conformance with the site plan as approved per Resolution No. 3186. Page 2 of 6 . ,' �---- �� 0 0 � . CITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNCIL ��SH� No. 4 '� '7 °� 2. Hardcover is approved at a level of 7.2%in the 0-75' setback, 40.5%in the 75- 250' setback, and 23.3%in the 250-500' setback. 3. The City Engineer reserves the right to monitor the drainage situation on the the property. The City may require modifications to the site plan from time to time to protect the applicant's property and adjacent properties. 4. Any replacement to the existing foundation beyond the approvals granted in 1992 shall require a new variance application, except for 42" frost footings that shall be added below the southwest side of the foundation and any additional structural work that is required to that section of foundation to meet State Building Code standards. 5. Authorities granted by the 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 (March 25, 2003). 6. V iolation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owners have read,understand 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 City Council of the City of Orono, Minnesota at a regular meeting held on the�25th day of March, 2002. ATTEST: � ��<� � ��_ � - Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor /�'w"`� C: - ic Page a of 6 i�� . /� O� O O ��. CITY of ORONO � � �� ,~' RESOLUTION OF THE CITY COUNCIL ��xESHo4� No. 4 7 7 '� � STATE OF 1�uNNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this 25th day of March,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Mi e said instrument was executed on behalf.of the City. ,;;;�;�r�,�r�UNG P�L?F,c';(c`'U3LiC-MiNNESOTA ;; F,:y Co7rrr�icn Exp'ues Jan.31.2005 c: �� . Notary Public �� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this / �f day of r'-�-,,nr � / ,200 Z- by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �.. RA�NEL DODGE ' � rlOTf ..,r.:�UC-NI�E?:c.^OTA :'�.�--�--i'Z_.� -� �O�'.C'�rL� � �ry Cc,r.,:,,.:.,o;��xpires Jan.31,2005 Notary Public .: .....^��':----.__.....� STATE OF MINNESOTA COUNTY OF HENNEPIN On this tn day of�,�-�?C�f ,20 cz, ,..�a ,�e ll J� h�S C�� , rn a v�'%�'i F� personally appeared before me, who is personally known to me �� whose identity I proved on the basis of �II�/ 1��--- � whose identity I proved on the oath/affirmation , 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. �a.�,.�o CZ-� ,��->, '`"'.:-:',-=�Y,�..'��.'�" Notary PYtblic �. t n�-.;�: , . .__ .' ,,... �, ou � MYCartr:i.:stc:�:. , �s.1an.31 .20� Page 4 of 6 �i� /� O� O O � CITY of ORONU � � �� G'�' RESOLUTION OF THE CITY COUNCIL t�SIi04'� NO. —.�� STATE OF MIl�TNESOTA COUNTY OF HENNEPIN On this�day of,17��P C� ,20 02., �"'� R R q n c e. C .J c h n S cr�� ✓>? �.c,2,e�E� personally appeared before me, who is personally known to me i/ whose identity I proved on the basis of :'rl/t�' !.�L whose identity I proved on the oath/affirmation , 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. c� ' ��.,�..� l �- MAf�Y ANN JOHNSON Notary P lic � - =.:`-��.: Noratrat�.ic-�r�sot� "�� Yp Canrr�ion Expires.lan.31,1006 Page 5 of 6 EXHIBIT A - • 4 7 7 � , . Lc.GAL DESCRtPTI�:: � � • • ' Lots 4 and 3; anc tha� �ar� oE Lot 12, descriaed as fcllows: Seginninc, at the Nortilwes� corner oE 1,ot 12; thencs East along the North line of said Lot •12 a distance oL� 155 ce= to a point of intersection with a straight line drawr. from a point on the Sou�F► line of Lot 10, 84 Eeet. East alang said South line Erom the Southwest corner• of said Lot t0; - thence Southerly along this last d�scribed line a dis�ance oE 52 feet; thence West par- allel �+ith the North line of Lot 12 alonq a line hereinafter referred ta as Line "A" to a oo:nt on the wes� line of said Let 12; thence Northweste:ly along said west Iine ot , Lot 12 to the Qlace of beginning, includinq •that part of Northeasterly 1/2 of Linden Lane, vacated lying betweeA the ext�nsions wes�ward oi the North lirie of said Lot 12 a::3 of the line above described and designated as Line "A". T�a� part of the Southwesterly half of vacated Linden �Laze lying between the efc�ensions across it or the North Iine of said Lot 4 and the�5outn line of sai,d Lot 5; all in "Lin- den Beach", according to the plat thereof on file or of record in the Office of the Reg- ister of Deeds in and for said County. Lot 4, B1ock 1 , Forest Lake Park, accordinc to the plat thereof on file or of record in the Office o: �he Register of Deeds in and for said County. -- • Page 6 of 6 �