The URL can be used to link to this page

Home My WebLink About#4439-variances-2000 '* . � O ' V . • O O •b - CITY of ORONO � � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. � � � � � A RESOLUTIOY GR�NTING VARIA\CES TO MUl�iICIPAL ZONIti"G CODE � SECTION 10.22, SL-BDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2566 . WHEREAS, James K. Lanahans and Sheila Langhans (hereinafter "the applicants") are owners of the properry located at 1366 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Rest Point, Hennepin Count�-, Minnesota (hereinafter "the property"); 1nd • WHEREAS, after due publishe� notice and mailed notice in accordance with ATlinnesot�. Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 20, 2000, at which times all persons desiring to be heard concerning this application were gi�-en the opportunity to speak thereon; and l WHEREAS, the applicants ha�-e applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2, and Section 10.56, Subdivision 16 (L) (2) to a11ow hardcover in the 75-250' setback area to be �,368 s.f. (29.33%), where 5,376 s.f. (29.37%) eYists and 4,575.5 s.f. (25%) is allowed to permit construction of a lakeside addition and deck. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: - . FINDI�i 1GS 1. This application was reviewed as Zoning File #2566. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area or 43,�60 s.f. m;nimum lot area. The properiy consists of total area of 27,043 s.f. or .62 acres. • Page 1 of 6 � o� • o 0 ��b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9kE I��4'�G NO. � � � � S 3. The Planning Commission reviewed this application on March 20, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The structural lot coverage is increasing but is below the allowed 15%. B. The amount of hardcover in the 75-250' setback area is being reduced from 5,376 s.f. (29.37%) to 5,368 s.f. (29.33%). ' C. The addition and deck will not adversely affect the neighbors. 5. � The City Council finds that the conditions existing on this properry aze peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor � pose a fire hazard or other danger to neighboring properry; 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 properry 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. " • Page 2 of 6 , �. �_ . � O ' Y • O O . ��e - CITY of ORONO � � � ti �� G'� RESOLUTION OF THE CITY COUNCIL �9kESII�4��' NO. � �� 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 2, and Section 10.56, Subdivision 16 (L) (2) to allow hardcover in the 75-250' setback area to be 5,368 s.f. (29.33%), where 5,376 s.f. (29.37%) exists and 4,575.5 s.f. (25%) is allowed to permit construction of a lakeside addition and deck. 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. 2. The applicant shall remove plastic from rock beds on the property, stepping stones and concrete sidewalk on the southeast side of the house, and wood steps • on east property line within 90 days of receiving a building permit. 3. 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 this variance will expire on that date (April 10, 2001). 4. Violation of or non-compliance with any of the terms and conditions of this resolution 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 �— � O� • O O � �b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4L�' NO. ��_ Adopted by the Orono City Council on this lOth day of April, 2000. ATTEST: - _ , // � . U - Lin a S. Vee, City .Clerk Gab 1 Jabbour, Ma r Prope wner(s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this l Oth day of April, 2000, by Gabriel Jabbour & Linda S. Vee, Nlayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 2/l��c� 4 . .� Notary Public • Page 4 of 6 �..�. . . . . . � O� . • O O �b. - - C ITY of ORONO � ' � '� RESOLUTION OF THE CITY COUNCIL ��kE Hp��G NO. � � � � S STATE OF MINNESOTA ) ) ss. COtNTY OF HENNEPIN ) Onthis �'�� day of Q.Qr� I ,2006 before me allotary Public within and for said county, personally appeared �fi ; known to me to be the person(s) described in and w o executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ' . GAROLE A.HASEMAN �,�-'�•�' , c.�.. t�oT�ypuetaC.t�sor� Notary Public � My Cortwnbsion Ex01res Jan.31,2008 • STATE OF MINNESOTA ) � , ) ss. , COUNTY OF HENNEPIN ) On this / �h day of r�� ,200 0 before me a Notary Public within and for said county, personally appeare T,,,o�, /S l�1lNRha�,s, n,<rr�'Gd known to me to be the person(s) described in and who executed the foregoing instrument, and ackno�vledged that he (they) executed the same as his (their) free act and deed. GZir..l, �. .��i1_m.«J CAROLE A.HASEMAN Notary Public � . � NOTARY FUBLIC-MINNESOTA My Cartmissbn Expirea Jan.31,2005 . ' Page 5 of 6 __ _�;;:_..�,,.. , . �: �-� Exhibit A . ' � . � . ::`. . _. �F. h�`� `•��;'`.: , �� P , � � `� � g . \,� oo�.� �. . ' . ��-- � � QO�� aso�r sEre�ac uF . . ,` � �: : t� ,,��•' bt �S .�v ��, • � � �\K . . �T� . 2 ''s�, �f1 � .`:r.'i�,',;?':;_.;: tJ �..,.«,,� :`. :. :;._,, �� . a� / , UIUTT EA$[11�NI5 ��;�.•i.,•.:: ' aw ,•.�' �','��•�` "`.� �� o , . ,;�;�r ' ,. ��4 ' ' „� � ��µ� �Il i, .�..,,�� X`S.��NG O SE N v „�� ,:..,,,., . � �4 � ' Fx6ING � u ,,.�^, y G�R�C( . <� I ' •e e,, � SJ EyJS1M� . 1' �ou�t �oA'Q'��'..' �P i�wi `�� .�+ � : �e�'•t •y��:'';R °a . � :�, �'��..�.�,�. . oo' ';e�,. ��s"`,a�` , � , 2 ,��,� � � • � �- , � ' .��.,� �'a �--� �„� �r _,�_- � °� +� y� .. �s� se�ac u� SURVEY ,.o.,l. UNE i • . i , �i - '�� a � . � ��, O i .• ..on..us•. •• 96 ��O� � g9•80 ' �� ,` / • 9 C'S .r,,,,� %� � � ,�� . .. �,,:.• � �O . '•q29.4�� - 4L UESCRIPTION OF PREMISES : LAKE 2. Btocl: i, RESi POINT MINNETOIVKA denotes iron marker , �ings shown are based upon a� assumed dotum. � survey intends to show the boundaries of the above described property, localion of on ezisting house, the propoeed loeation of a proposed addition, lhe location ol oll visibie "hardcover'• theroon. Il does not purport to show t� ulher improvements or encroachments. ° �\ • �� U�SCM�fRM � . � COFF(H dc CRONBERC, I1�C, "`�".`�TM.�""` ��K""`�""".. .P1l�•�b Nauil�tNir✓✓ T�UT I�itYr�pti�lQNim DRO�LS�ICCN , COt6tLTNC QttEERi lun SiRVCY0i5.9iE Ru+tRS s�tra um nc u.s a n[su�t ar wrw�. - -__ n 192 1Al1ARApf AVEILE.LONC lA7CE,tf1 SSSti6 612-47d-414t �i✓� _�./• . . YiC �W L/UMY M�4E�� Page 6 of 6