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Home My WebLink About#3887-variances-1997 . � 6734164 . � � O O �, CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��9 4�G kES�IO NO. e� � � ,�' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6; SECTION 10.22, SUBDIVISION 2; AND SECTION 10.03, STBDIVISION 14 (C) FILE #2214 WHEREAS, Richard Kozicky and Carmen Kozicky (hereinafter "the applicants") are owners of the property located at 2016 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: All of Lot 3 and Lot 2 except that part described as beginning at the northwesterly corner of Lot 2; thence south along the west line of Lot 2 to a point 112.65 feet south in the northwest corner of Lot 1; thence northeasterly deflecting to the left 110 degrees, 30 minutes to the shore of Lake Minnetonka; thence northwesterly along said shores of the northerly line of Lot 2; thence southwesterly along said northerly line to the point of beginning all in "Gus S. Johnson's Addition", according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6; Section 10.22, Subdivision 2 and Section 10.03, Subdivision 14 (C) to allow an existing residence to add a lake side addition for a new deck and family room and a street side addition to allow for a new garage and laundry room where a side yard setback encroachment is required. A structural coverage variance is required and hardcover variance in the 75-250' setback zone is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS , TRP►N�F�R EMt�RED !�lW6�IN COUNTY T/UIMYa19iRVIClS 1. This application was reviewed as Zoning File #2214. MAY 16 1991 �._---- Page 1 of 5 fvIINN. DEPUTY . � O ' Y O O , C ITY of 4RON0 � ti . '�' RESOLUTION OF THE CITY COUNCIL ��9kE H�g'�G NO. e� � � °�' S 2. The property is located in the LR-1 C, One Family Lakeshore Residential Zoning District where 1/2 acre in area is required. The property is sewered. 3. The Orono Planning Commission reviewed this application on April 21, 1997, and recommended approval of the proposed variances based upon the following unique findings and hardships: A. The property is located on Shadywood Road where there is a curve in the road which makes safe access to the property difficult. B. The topography of the lot makes ingress and egress di�cult due to the slope of the driveway. C. The existing driveway also provides access to�the property adjacent on the north. D. The existing lot does not meet the minimum lot size requirement for the LR-1C District. E. The City has received no comments from the property owners notified of the proposed improvements. 4. The City Council fmds 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 variance 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 di�culty; 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. � Page 2 of 5 . � °� 0 0 �, CITY of ORONO � � �� G�' RESOLUTION OF THE CITY COUNCIL �'kESII�g' NO. � � "�' CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grant� a side yard variance to allow overhangs to encroach 3' into a required 10' side yard along the south property line per Municipal Zoning Code Section 10.25, Su' division 6 to allo�v for the addition of a garage and laundry along said property line. Further a hardcover variaiice in the 75-250' setback area to allow an increase in hardcover where 4,393 s.f. or 45.65% is existing and 2,406.25 s.f. or 25% is allowed. Further a structural coverage variance per Section 10.03, Subdivision 14 (C) to allow 2,693 s.f. or 19.63% rather than 2,837 s.f. or 20.67% where 2,058 s.f. or 15% is allowed, subject to the following conditions: 1. 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 28, 1998). 2. 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. 3. 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 Orono City Council on this 28th day of April, 1997. �;�, �.:' A ST: �`.��;!� ��,�:� .� , • tY':. .," {�r � +� 5 �t- � • t �/ d • � � / .,( �� ! �� r.+ Dor`at�+ �.vf ` a in, :�rty. Ierk Gabr Jabbour, M yor ,., i: /� � � • , , '. , ._ , a;, _ � ;/,Y l �_% , � ,� ` , < � _ �,t� --:)�;�,- ':.�7 , v fL" ��--�.L_-y• �=: � E opert3!':(.�}�,e�'�( ��' F �,� /� . ' � �// ,�y ,�y..�Y- � f J_ " ' V � Page 3 of 5 � O� O O ��, CITY o� ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9JfE p4��'G NO. sx STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April, � 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. > CAROLE A.HASEMAN ��'Y -�' `-� '�- ��r_��-�--/ ` NOTAAYPI�C-MINNESOU Notary PubliC ' "� - Ha�,�N couNnr . - � •,••�•� My Commission Expires Jan.31.2�00 Page 4 of 5 � �� O O �� CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCiL ��9kE gp4'�G N O. e`� � g '�' . S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �,�'�y� day of �'G,, , 199`� , before me a Notary Public h„�b��d within and for said County, personally appeared�;�[„-! �,�;��',�� 1,-,z,.. lCoz;c�.; �.k��r� 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. .,.� �E A HIISEM�A `, • �HBdN�C NTY ,�/ s�o l / ' � .��,lIZ,�,� '•,.,:• ►dy Cammissfai Expires Jan.31.2�0o Notary Publi� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared 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. Notary Public Page 5 of 5 e _ i - )� �� .�� .. - �l � � ' • . -. .. -... r r ,• . <<i . -' -� .. � :; RESOLUTION # �� - , . :, � . �: • � STATE OF MINNESOTA ) ) ' �: COUNTY OF HF.��tNEPIN ) ) . CITY OF ORONO ) . I, Dorothy M. Hallin., City Clerk of the City of Orono, Hennepin County, 1Viinnesota, do hereby certify that I have compared the foregoin;copy of a resolution of the City Council of the City of Orono with the ori;inal record of such resolution in the Minutes of the proceedings of said City Council at a 19 eetinand of�tsa�'ie same is a�ruel andecorr ct April 28 ° �-' copy of said resolution duly adopted by said City Council at said meetin�. In Witness Whereof, I have hereunto set my hand and seal this ' 7th � day of M , 19g�• ; ' �, - � orothy M. a ' , City Clerk ._ . .';it �9' t ��-.. a /�� z ' .:r-' � - { , a �, ��. Es�r:.�; � , ,� ,�� s . , ,� _ � y, , : * � • $ � � �. t1: .�, y� _� .A iJ �- - �=; . ' � HINSHAW & CULBERTSON r�x»c,►v rownt gEI,I,EVQ.I.$ILLINOIS SU1TE 3200 FI'.LAUDFRDALE,FLORIDA BLOOMINGTON.QLINOIS 222 SOUTH NIN'[H S7RPEf JACKSONYILI.E,FLORmA CHAMPAI(3N,Q.LINOIS MINNEAPOUS,MINNESOTA 35402 MIAMI.FLORmA CHICAGO.II1INOIS TAMPA.FLORmA IOLIET.IILINOIS 612.3333434 MIJNS'IFR,iNDIANA LISLE,Q.I.WO1S ST.LOUIS.MISSOURI PEORIA.Q.LINOIS APPLEfON.WISCONSIN ROCKFORD.II1INOIS BROOKF�[.D,WISCONSIN SPRINGFQ�I.D.IILINOIS �-��:612.334.8888 LAKE GENEVA.WISCONSIN WAUKEOAN.ILI.INOIS MII.WAUKFE:WISCONSIN June 18, 1997 WRiIFR'S D�tF:CI'DIAL NO. FQE NO. 295-0660 3643-047 D CI'�OF D pqONO ��av� City of Orono $ �Q�.� ATTN: Liz Van Zomeren '�UN � 2750 Kelley Parkway , Crystal Bay, MN 55323 Re: Recorded Resolutions Dear Liz: Enclosed please find attested copies the following resolutions which have been recorded the Hennepin County Registrar of Title's office: 1. Resolution No. 3888 (Your File No. 2217) recorded May 16, 1997, as Document No. 2810770; and 2. Resolution No. 3719 (Your File No. 2098) recorded May 1, 1997, as Document No. 2806744. I have also enclosed the following resolutions which have been recorded in the office of the Hennepin County Recorder: 1. Resoludon No. 3886 (Your File No. 2205) recorded May 16, 1997, as Document No. 6734166; 2. Resolution No. 3887 (Your File No. 2214) recorded May 16, 1997, as Document No. 6734164; and 3. Resolution No. 3890 (Your File No. 2226) recorded May 16, 1997, as Document No. 6734167. 26�/ZZ I4U��G G/1 H/9� A PAR'INFRSHIP INCLUDING PROFESSIONAL CORPORATIONS City of Orono June 18, 1997 Page 2 Upon your receipt of these recorded resolutions, please do not hesitate to contact me if you have any questions. Very truly yours, � � Nancy L. Chadwick Legal Assistant Enclosure cc: Thomas J. Radio, Esq. 267R2140776 6/18/97