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Home My WebLink About#4919-variance-2003 � O _V O1.k� 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL x SIID4�G NO. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (C) #1 AND 96; SUBDIVISION 16 (L)#1, FILE NO. 02-2856 WHEREAS, Andrew and Tracy Rascher, husband and wife, (hereinafter "the applicants") are the owners of the property located at 4705 North Shore Drive, within the City of Orono (hereinafter "the City") and legally described as follows: Lotl, Block 1, TRISTANA COVE, Hennepin County,Minnesota, (hereinafter"the property"); and WHEREAS, the applicants have applied to the City'for variances to Municipal Zoning Code Section 10.22,Subdivision 1 (B)and Subdivision 2;Section 10.56,Subdivision 16(C) #1 and#6; Section 10.56, Subdivision 16(L)#1 to allow an existing second story deck to be rebuilt 67' from the OHWL of Lake Minnetonka where 75' is required, allowing 5.12%hardcover within the 0-75' lakeshore setback zone where no hardcover is permitted and encroaching 71' into the average lakeshore setback in the LR-1 B zoning district; and WHEREAS, 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 hearing on January 22, 2003, at which time all persons desiring to be heard concerning 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 was reviewed as Zoning File 902-2856. 2. The property is located in the LR-1 B Zoning District,where 1.0 acre is the minimum required lot area. The property consists of approximately 0.69 acres. Pagel of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL Si;0 NO. 49 1 3. The Orono Planning Commission reviewed this application on January 22, 2003 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The house and deck were constructed in 1968 at this location and require safety improvements as a result of the age of the structure; B. The replacement of the deck as it currently exists will not increase the existing square footage of hardcover,change the setback from the OHWL nor the average lakeshore setback; C. The deck is necessary to provide a landing for the two sliding glass doors located on the lakeside of the house; and D. The neighboring views of the lake are not negatively impacted by the reconstruction of a deck as it currently exists. 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 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 hardship 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 variances 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,Subdivision 1 (B) and Subdivision 2; Section 10.56,Subdivision 16(C)#1 and#6;Section 10.56,Subdivision 16(L)#1 to rebuild a second story deck 67' from the OHWL of Lake Minnetonka where 75' is required,with 5.12%hardcover within the 0-75' lakeshore setback zone where no hardcover is permitted and encroaching 71' into the Page 2 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SHOg�G NO. _ C) average lakeshore setback in the LR-1B zoning district. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. 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 these variances will expire on that date (January 27,2004). 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 or Orono,Minnesota at a regular meeting held on the 27th day of January, 2003. ATT ST: i Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 1v7J1.� RAS, (Lin Property Owner(s) Page 3 of 5 , � O� O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL `q$ESYi04� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 27th day of January,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. KRISTI B.ANDERSON Not NOTARY at�c-MINNESOTA , Public ,,; %AyCorunisslonExpiresJar,.'a1,^2W r STS COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ='� day of January, 2003 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument the City. r` k RACHEL DODGE NOTAF,YPUSUC-MINNIVOTA L �' Nly Commission Expires Jan.31,zeas Notary Public STATfb I: OTA�� COUNTY OF HENNEPIN / On this e day of �� Y/�' ,2003,_ jj L(r P ( ) 1 )aSC tAVpersonally appeared before me, who is personally known to me _ whose identity I proved on the basis of �— 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. cr�, k,—E QD ` RACHEL DODGE SNotary Public i NCTARYPUEUC-MINNE"0TA F.1•j Commission Expires Jan.31,=5 Page 4 of 5 0 0 CITY of ORONO '3 RESOLUTION OF THE CITY COUNCIL `gkESg0�• NO. 1 9 COUNTY OF HENNEPIN ��.1 ) Low 9 ro c On this "! day of �� 2003, � C t- Q V, ` ersonally appeared before me, who is personally known to me whose identity I proved on the basis of (1A NJ d� �— 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. 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