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Home My WebLink AboutReso # 4355 i - O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL l9 44'� N 0. A ��s A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L)(2) FILE #2520 WHEREAS, Tom B. Berthiaume (hereinafter "the applicant") is owner of the property located at 3035 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: All of Tract A, Registered Land Survey No. 394 except that part lying Northerly of the following described line: Beginning at the Southeasterly corner of Tract B in said Registered Land Survey; thence Southwesterly along a line drawn through a point on the base line as shown on said Registered Land Survey, 80 feet Northwesterly from its intersection with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka, and there terminating, files of Registrar of Titles, Hennepin County, Minnesota (hereinafter "the 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 September 20, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit extension of eaves located on one side of the house; per Section 10.22, Subdivision '—? and Section 10.56, Subdivision 16 (L)(2) to allow 6,221 s.f (57.6%) hardcover in the 75-250' lakeshore setback area where 6,293 s.f. (58.27%) exists and 2,700 s.f (25%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 i O /� O O CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL 4k suo4' NO. FLNDINGS 1. This application was reviewed as Zoning File #2520. 2. The property is located in the LR-1C, Zoning District where .5 acres or 21,780 s.f, is the minimum lot area. The property consists of .56 acres or 24,130 s.f. 3. The Planning Commission reviewed this application on September 20, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The roof line would be extended approximately 2 feet. B. The sidewalk is currently located under the roof line and creates a hazardous situation when roof runoff occurs. C. All landscape plastic will be removed upon completion of the addition. 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 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 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. 6. The City Council has considered this application including the findings 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. Page 2 of 6 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �9kESH0 NO. 4 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 10.25, Subdivision 6 (B) to permit extension of eaves located on one side of house and per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 6,221 s.f. (57.6%) hardcover in the 75-250' lakeshore setback area. Approval was subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan and/or hardcover may require further Planning Commission and City Council review. 2. Underlain plastic shall be completely removed from the property. 3. Authorities granted by this variance run with the property not with the applicant, 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 (September 27, 2000). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 60 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL G ri' y �9kES804� NO. d Adopted by the Orono City Council on this 27th day of September, 1999. ATTEST: inda S. Vee, City Clerk Gabrie Jabbour, Mayor t Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.Hl'SFMIAN . .. ,A o ary Public NOTARY PU6UGi 1!=<I'ESO1A HENNEFIN CCUiITY VyCcr'miselcnExrlrl —1.3112M Page 4 of 6 O O �. CITY of ORONO RESOLUTION OF THE CITY COUNCIL t9kESHO NO. 4 2- S I MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this A,�4h day of oeto 6P r 1999 before me'a Notary Public within and for said county,personally appeared T�„,R- 6c#,+Aiqj,m f-, rvi a r rie d- 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. FIC NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ;7,T1j, day of 19907 before me a Notary Public within i, and for said county,personally appeared�'j�,� �, Ka hen :n e-is+e v-, n,a r r;,- J _ - 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. CAROLE A Hr .F"",r.�l ? NOTARY PUBLIC Nui,RYFLE�!CFS ?A Page 5 of 6 �3 • r . ie ' p,►.I�V, • S� J�yrwN'• �j � a 4'' •�.••,� '�, ,wlw Y . t=i SAL ,rte: -- FA rt O • �1, ��•L�..A1. `\ � .'.�� fJ. '��C� f y. r • nwwd MI cAt �`A•� �' s'wlalS�n9heraw � bya f4' �• Ts• .. a �.it rn �a LEGAL DESCRIPTION OF PREMISES SURVEYED: All of Tract A. Registered Land Survey No, 394 except that part lying Northerly of the following described line: -t- Beginning at the Southeasterly corner of TrgCt B In said Registered Land Survey; thence Southwesterly along a line drawn through a point on the base line as shown on said ►fit Registered Land Survey, 80 feet Northwesterly frooa Its Inter- section with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka, and there terminating. files of Registrar of Titles. County of liennepIn.