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Home My WebLink About#4764-variance-2002 i�o�� 0 0 � CITY of ORONO � b �% � G~' RESOLUTION OF THE CITY COUNCIL �kESH� NO.. 476 � _ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZOlvING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE NO. 02-2754 WHEREAS, Matthew A. Dolliff and Kathleen M. Dolliff, (hereinafter "the applicants") are owners of the property located at 2680 Pheasant Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 20, Pheasant Lawn, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to permit 6,355 s.f.(34.19% hardcover in the 75-250'lakeshore setback where 6,3»s.f.(34.19%)hardcover exists and 4,646.7� s.£ (2�%) is allowed to permit an addition and walk to the existing residence; and WHEREAS, after due published notice and mailed notice in accordance with Nlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannina Commission held a public hearing on February 19, 2002, at which time all persons desiring to be heard concernina 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�r•as reviewed as Zoning File#02-27�4. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District, where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approYimately 34,625 s.f. or .79 acres. 3. The Orono Planning Commission reviewed this application on February 19,2002 and recommended approval of the proposed variance based upon the following findinas: Page 1 of 5 �� O� O O ��. CITY of ORONO � � ti �� G~' RESOLUTION OF TH ITY QUNCIL 9kE3804'� NO. �� g � � A. The lot coverage by structures is increasing but still below the allowed 15%. B. The residence was constructed in 1951,prior to cunent zoning standards. C. Hazdcover in the 75-250' setback zone is decreasing on the lake side of the property and being added to the street side. D. Hazdcover in the 75-250'setback zone is not changing with the addition and walk. The brick patio and wall, dog run and a portion of the lakeside patio are being removed to offset the increase. 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 hazazd 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 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 141unicipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to permit 6,355 s.f.(34.19%)hazdcover in the 75-250'lakeshore setback where 6,355 s.f. (34.19%)hazdcover exists and 4,646.75 s.f. (25%)is allowed to permit an addition and walk to the existing residence, 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 Page 2 of 5 . � . . %� � O ' Y O O ., CITY of ORONO .� � ti �'C� �,~' RESOLUTION OF THE CITY COUNCIL ��sH� rvo. 4 7 6 4 Planning Commission and City Council review. 2. Authorities granted by the variances run with the property not with the applicants,but aze permissive only and must be exercised by application for a building permit within one yeaz of the date of Council approval,or these variances will expire on that date (February 25, 2003). 3. Violation 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. 4. 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 February, 2002. ATTEST: �;��, �' �!� ` � Linda S. Vec, City Clerk Barbaza A. Peterson, Mayor vr r perty Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of February,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 I�.�D�._�► • � ..lo �s� e ` Notary Public AUSSA A.WINTERNHEIMER Page 3 of 5 ��"�� ,y ConrNa�ion Exphps Jan.31.2006 , � � , . _ � ��=� �� 0� O � O . CITY of ORONO ti �t� G�/ RESOLUTION OF THE CITY COUNCiL ��sKo4� No. 4 7 6 4 STATE OF MINNESOTA COUNTY OF HENNEPIN . e foregoing instrument was acknowledged before me on this y�� day of ,200 2. 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. . No � � ��UIS�M.LESKINEN STATE OF 1��INNESOTA ��3�� COLNTY OF HENNEPIN On this i5�day of �g,e C r..r , 20 62, �czt1,/een ,�-�l • �o�1,� personally appeared before me, who is personally known to me _� whose identity I proved on the basis of l�t JJ D �-- 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. Notary u ;�y�SE M,LE�NEN STATE OF MINNESOTA N��p�,ic.�sm� COUNTY OF HENNEPIN Mr��"�°'�31.� On this /S�`day of � , 20 02, ,l�/,q�-r7-�� . (70%'�� personally appeared before me, who is personally known to me � whose identity I proved on the basis of f�ilJ �G whose identity I proved on the oath/�rmation , 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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