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Home My WebLink About#4184-variances-1998 R . � O � � O O e - CITY of ORONO � � ti �� ,'� RESOLUTION OF THE CITY COUNCIL ��`9.kESHp4�' NO. � � �' � �_ A RESOLUTION GRA�'TING VARIANCES TO MUNICIPAL ZONI\G CODE SECTION 10.22, SUBD. 1 (B); SECTION 10.22, SUSD. 2; SECTION 10.56, StiBD. 16 (L) (1) AND SECTION 10.56, SUBD. 16 (L) (2) FILE NO. #2429 WHEREAS, Jeffrey Brauchle and Elisa Schoonover (hereinafter "the applicants") are the o�vners of the property located at 650 North Arm Drive �ti-ithin the City of Orono (hereinafter "the City") and legally described as follo�vs: Lot 1, "Auditors Subdivision No. 362, Hennepin County, MIv" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance �vith Minnesota Statties and the City of Orono Zoning and Planning Codes, the Orono Plannin� Commission held a public hearing on October 19, 1998, at �vhich times all persons desirin� to be heard concerning this application �vere given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zonina Code Section 10.22, Subd. 1 (B) to permit the replacement of a residential deck 63' from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 821 s.f. (1.7%) of hardcover �vhere 0% is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,319 s.f. (47.7%) hardcover where 2�% is allo�ved. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, i�linnesota: FIiV'DINGS 1. This application �ti-as reviewed as Zonina File �2429. ?. The property is located in the LR-1B Zonina District, ��here 1 acre or 43,560 sq. fr. is the minimum lot area. The property consists of 1.33 acres or 60,040 sq. ft. Paje 1 of 4 . � • � � O� O O . C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��`9$E p4�'G NO. 4 �. $ � 3H 3. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The lot is very wide and narrow, resulting in most of the lot being within 75' of Lake Minnetonka. B. The replacement deck would have the same footprint as the existing deck. C. A variance was granted by the City Council to construct the residence 27' from the front lot line. D. Removal of underlain plastic hardcover would remove 556 s.f. of additional hardcover from the property. 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 variances 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 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. 6. 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 variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the replacement of a residential deck 63' from the lakeshore where 7�' is required; Section 10.22. Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 821 s.f. (1.7%) of hardcover where 0% is allowed; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,319 s.f. (47.7%) hardcover �vhere 25% is allowed. Approval �vas subject to the follo�ving conditions: Page 2 of 4 � � O� O O , C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL �t`9JfE Kp4��'G NO. S 1. The property owners shall remove all plastic located on the property underlain below landscaping rock and wood chips. 2. Authorities granted by this variance run with the property not �vith 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 (October 26, 1999). 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, 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: �- _�� % �� ,�� Li da S. Vee, City Clerk Gabriel abbour, Mayor ��fj `�'� • �1' ��li'�� ` � Property Owner (s) Page 3 of 4 . . . . °a � O ' V . O O , C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCiL �t`9.ttE p4�'G N O. � � � '� � SH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. e�a�e • " JAMIE L.GEMAR �'P • NOTARY PUBL�MINNESOTA ;-+: • ,� HENNEPIN COUNTY � +;...�.a l My Cammission Expires Jzn.31,2000 �'�� ' +. --.,.._.�.._.�.ut.w✓`..4a..��'=�'•'"p';. N Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,5� day of ��ry�� , 199�' before me a Notary Public within and for said county, personally appeared ��'� :� 'Yh• ��i��x;-�r,�,, .,-r�►�,n�u�' 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. ;,�a-: '"•, JAMIE L GEMAR P :�"' NOTARY PU�IC-MINNESOTA ' s='' :, •' HQ�INEPIN COUNTY jL �� `'~•`'° ��.�.� N4T Y PUBLIC ;.�..�. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this� day of n�e n,�P:- , 199�i before me a Notary Public within and for said county, personally appeared�rr� -�r{,/e, r�� f-� �,/��. �G�rnnov�- known to me to be the person(s) described in and who executed the foregoing instrument, and acl:nowledged that he (they) executed the same as his (their) free act and deed. , .�� •. CAROLE A HASEMP.N (�t, �, � ��,.•� � ,,,u ,s• NOTARY PUBUGUIIt:kESOTA ��':�'�' HEP1tdEFt�CQU"!TY � NOTARY PUBLIC � _ . t:`.'^.'..^.7c�i^•�Ev_o.cC;•i . . . -�, . Page 4 of 4 •