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Home My WebLink About#3428variance-1994 . u =i '.t . . � . O � �' CITY of ORONO �-�=��,.� � � • ��,�.� RESOLUTION OF THE CITY COUNCIL � ��;Y �:�;� ��, N0. _ o� � � � ��9� o4�G ESH . A RESOLUTION GRANTING A VARIANCE � TO MiJNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) FILE NO. 1916 WHEREAS, Irwin and Alex 7acobs (hereinafter "the applicants") are the owners of the property located at 1700 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A (hereinafter "the property"); and - WHEREAS, the applicant has filed for an after-the-fact variance application with the City of Orono per Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow a . guardhouse at 160 s.f. requiring a variance to the allowed total area of accessory structures on the property proposed at 10,793 s.f. where only 6,000 s.f. in area is allowed and where 10,633 • s.f. exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1916. 2. The property is located in the LR-lA Lakeshore Residential Zoning District . requiring two acres in area: The property consists of a total of 33 acres with 24 acres of dry buildable. 3. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval of the after-the-fact variance to Section 10.03, Subdivision 9 (C), based upon the following unique findings and hardships: - � •- . • •- � A. - The current.accessory structuze_ordinance does not provide,standards for an estate use. Such use does require special consideration. ,� • , Page 1 of 4 � Fam5W5 DiskOrono . � • 1 • . r � � O� O .. : O CITY of ORONO • � �'��;�=� RESOLUTION OF THE CITY COUNCIL � '�' `, �► ,� � �Y .�a,� �, NO. a� � � � ti '�,��k' og',�G . ESS B. In September of 1993, the City approved a sunilar variance allowing total area of accessory structures on the properry at 10,633 s.f. where 10,982.8 s.f. had existed. The current application proposes total accessory structure area at 10,793 s.f. C. The applicant had advised the City in the fall of 1993 of the inunediate need to install a sophisticated security system on this properry involving installation of a guardhouse at a strategic location to the entrance. D. The City of Orono's police records reveal several instances involving intruders on the property, property damage and other instances that must remain confidential but are of record at the Orono Police Department. E. Municipal ordinances of the City do not provide for an abbreviated review for such emergency situations that would have allowed the City to issue • a building permit to expedite construction of the guardhouse. . F. The City Council and the Orono Building and Zoning staff were made aware of this entire matter in the fall of 1993, prior to the installation of the guardhouse. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properry in this zoning district; that granting the variances 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 fmdings and recommendations of the Planning Commission, reports by City staff, comments �� -• -• • . -- � �• �-----by•the�applicant and the effect of..the proposed variance on the health, safety,and __ � welfare of the community. 1•� . Page 2 of 4 - . Fam5W5 DiskOrano � f \� ' � � O� O . O _ CITY of ORONO • �`�°.��-� RESOLUTION OF THE CITY COUNCIL � C�' 1 ,.,? .... �y . ,� � �., a;� �, NO. :3 � � � . ;, ti, ��`9�!' p4L�'G . E3�I CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the fmdings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) approving an after-the-fact variance to the allowed total area of accessory structures on the property of 4,793 s.f. or 79.8% (allowed 6,000 s.f.; proposed 10,793 s.f.), subject to the following conditions: � 1. Applicant or applicant's contractor shall be responsible for obtaining a building permit subject to after-the-fact penalty fees. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within ten days of the date of Council approval, or the special • conditions of this resolution will expire on that date (June 6, 1994). 3. 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. � 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 of Orono, Minnesota at a regular meeting held on the 23rd day of May, 1994. A ST: Dorothy M' H llin, C' • lerk Edward J. Callah , Jr., Mayor � j � Prope�y�Owner (�)� • � . Page 3 of 4 Fam5005 DiskOmno I � � V � • i+ • • 1w � O� - O . p CITY of ORONO . • �_�� .. °�`��-� RESOLUTION OF THE CITY COUNCIL � ' � • -�— ,� � � �� , NO L.� �`� � l �, ti '��9�t Og'�G ESII . ; � STATE OF MINNESOTA ) - � ) ss. � COUNTY OF HENNEPIN ) � ' The foregoing instn�ment was acknowledged before me on this 9th day of May, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � - LINDA S. VEE n � NOTARY PUBLIC - MINNESOTA / HENNEPIN COUNTY �� Q,� My commisslon e�cpires 8-12�88 � Notary Public 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of�'c.�.n� , 199�before me a Notary Public within and for said county,personally appeared �'r cv�r� �cz-cobS known to me to be the person(s) described in and who executed the foregoing instrument,and ' t � "'° � acknowledged that he�(they) executed the same-as�his-(their) free�=act-and deed.. . -.�- ---� - . , ;�r� " � `:' '''� ROSEMARY SHANKS '�NOTARY PUBLIC—MIINNESOTA • � SCOn COUt�inr . NOTARY PUB �C °�y Cwnmissian Expires July 22,1995 . � Page 4 of 4 . Form5005 DlskOronq , , � _ � ' . . e � . � � � ��' ITY of O O O . O C OR N . • �`� �;e�=� RESOLUTION OF THE CITY COUNCIL ' � ��'�'' ' •;� - ,'a, . ,� � Y a�� , NO. e� � � � ��9� o¢�G ESI; EXHIBIT A mhat part ot Governnent Lots 1 and 2 in Section 10 , in Township 117 of Range 23 wnicn is described as follows , to wit: seginning at a point 6 cn�ins west of Lhe meander post in the southeast corner of said Lo� 2 in said Sect?on 10 ; the th�ee running north 20 chains nor° or less, to the shore of P.ound r � so-called; thence alonc and arou.nd the westerly and nortnerly shore of said Lake to the neander corner 1 n aid To nship eand said Lake and between Sec�ion 10 and 1 Range; tnence north on ,the section line betwe�n said Section 10 � and 11 to the soutnerly line of �he righ�.-oi-way of the Minnetonka Branciz of the Great Northern RaiZway thence south- westerly along said southeTly line of said rignt-of-way to `ne point of the intersection o= said southerly line of tne said right-of-way with the west line of said Lot 1; tnence turning and running in a straight line in a southeas�arly direction 6�4. 8 feet, more or less to a point which is 236.8 �eet east of the west l�ne o= said Lo� 2 and at the same time 304 feet sou�.h of the nor�h line of said Lo.� 2 ; thence, south on a line �pa=allel �eet east from the wes� line of said Lot with and distant 23 6. 8 - 2 , 1 , 016 fee� more or . less , to the nortn shore o= Lake Minnetonka; thence easterly along the said snore of said Lake Mi.nnetonka to the place of beginning. according to ,�ne government survey thereof; and Lot 2, Block 1, Mills�on, all in Hennepin County, Minnesota. • . . . r«msaos a�xo�o�o