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Home My WebLink About#4654-variances-2001 r �� . ♦ /�� , � O� • O O . �b - CITY of ORONO � � ,� G'� RESOLUTION OF THE CITY COUNCIL . ��kESI304�' NO. � � � � � A RESOLUTION GRANTING V TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (2), SECTION 10.22, SUBDIVISION 1(B) FILE NO. #01-2674 . WHEREAS, Dennis Killian and Diane Killian (hereinafter "the applicants") are owners of the property located at 1420 Shoreline Drive within the City of Orono (hereiriafter "the City") and legally described as follows: Lot 2, Block 1, Dragonfly Hill, Hennepin County, Minnesota (hereinafter "property"); 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 May 21, 2001 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for renewal of a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (2) to permit construction of a new residence on the lot encroaching 20' into the top of bluff setback; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS � 1. This application was reviewed as Zoning File #01-2674. 2. Application renews the vaxiance as approved by the Council on September 27, � 1999, Zoning Application #2516. 3. The property is located in the LR-lA One Family Lakeshore Residential Zoning � District. 4. The Orono Planning Commission reviewed this application on May 21, 2001 and . recommended approval on a vote of 4 to 0 to renew variances for bluff setback • based upon the following findings: � Page 1 of 5 : �` � O� . • O O ��6. - CITY of ORONO � � �'� G'� RESOLUTION OF THE CITY COUNCIL ��ESHp4�' � . NO. ��o � � A. A previous residence was located on the property until 1997 following voluntary removal by the property owner. B. The property is narrow with a limited building pad. The proposed house location best utilizes the existing building pad and area of disturbed soil. ' C. A house located behind the bluff setback would encroach into� the required 50' rear yard setback from County Road 15. . � 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 �ariances would not adversely affect tr�c 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 � . . demonstral�le 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. 7. The City Council of Orono finds this property can reach its development potential for hardcover in the 75-250' lakeshore setback, and allow for an adequate building area, therefore property owners shall be advised the City Council of Orono will not look favorably on requests to develop the properry . � beyond allowed hardcover. . 8. The City Council finds that the findings and conditions of Resolution No. 4353 are still valid. � 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 10.56, Subdivision 16 (C) (2) to permit � � Page 2 of 5 . r � �__ � O� . • O O ��b - CITY of ORONU � � �� 'ti RESOLUTION OF THE CITY COUNCIL ��k�sH�4�' � NO. � �� . cons new residence on the lot encroaching 20' into the top of bluff setback subject to the following conditions: 1. Garage is removed or placed behind the 75' lakeshore setback. 2. Sanitary sewer plans are reviewed and approved by the City Engineer and Director of Public Services prior to 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 (May 29, 2002). 4. 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. 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 agrees to the recording of this resolution in the Chain of Title of the property. • Page 3 of 5 � ., . �� , � ��—� � O� � ' • O O ��6. - � CITY of ORONO � � �� G'� . RESOLUTION OF THE CITY COUNCIL �9kESH04� NO. � � S � . opted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 29th day of May, 2001. ATTEST: . Gy� � - U�� . Lincla S. Vee, City Clerk Bazbara A. Peterson, Mayor - � _ � � ' �%'��-- Property Owner (s)` STATE OF MINNESOTA ) , ) ss. � • � COUNTY OF HENNEPIN ) � . � The foregoing instrument was acknowledged before me on tlus 29th day of May, 2001 by Barbara A. Peterson 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. � �� `.�:.. MARY ANrV JOHNSON Notary Pu c � . ��.i- ;w. �y NOTARY PUBLIC•MINNESOTA �+��:' ti'�Y��ss(on Eupires Jan.31,20p5 • Page 4 of 5 , ,y . �� . /� O� . � O O . ��b. - CITY of ORONO � � � �� '� RESOLUTION OF THE CITY COUNCIL ��k o4� . " � No: � 4 6 5 � STA ESOTA ) ) ss. COUNTY OF HENNEPIN ) On this j S-� day of�� , 20 O� , before me a Notary Public within and for said County, personally appeared ,�C� n ni S �i I�l q h a n� r` _c,e� �i 1��G n , m a,�/�r 2� 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. � �-��c: MARYAf�tJ JONNSON ��'/ G�'�t/ •`.��F��,a'��- NOTARY PUBLlC-MINNESOTA ;:��""` My Conv�s�Expires Jan.31,2Q05 Notary Pu ic - , ..�_�..� ..�..• STATE OF MINNESOTA ) • . ) ss. , . . . COUNTY OF HENNEPIN ) On this day of , 20 , 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