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Home My WebLink About#4135 - variances �'�� 11�'��'�� fi98433� /i�0 0�� ; ��:bz- , �, CITY of ORONO � � ��,� ti��;; '� RESOLUTION OF THE CITY COUNCIL '�,� �, � , \\�kESH04�� N0. ,� � r �:: � ��_� --,�— _ _. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(A); SECTION 10.22, SUBDIVISION 1(B); SECTION 10.56, SUSDIVISION 16(C)(6}; AIVD SECTION 10.23, SUBDIVISION 6(B) FILE NO. #2396 � �j � �� WHEREAS, Clint Morrison and Jody Morrison (hereinafter "the applicants") are o��ners of the property located at 3�10 Bayside Road within the CiTy of Orono (hereinafter "the C:ty") and legally described as follows: Lots 26 and 27, Auditor's subdivision NO. 203, except that part of Lot 27, said Subdivision, lying Northerly of a line described as follows: Commencing at a point in the East line of said Lot 27, 292.49 feet South of the Northeast corner thereof; thence Northwesterly to a point in the West line of said Lot 27, 261 feet South of the Northwest corner of said Lot 27, Hennepin County, Minnesota (hereinafter "property"); and �VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Ciry of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 20, 1998, 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 variances to Municipal Zoning Code Section 10.03, Subdivision 9(A) to permit an accessory structure to remain while thP et_;s;in� stn:�t�.�re is demol_�she� and a r.Pw �rincinal struct�are is constrt�cted; to Section 10.22, Subdivision 1(B) and Section 10.56, Subciivision 16 (C)(6) to permit the construction of a residence which encroaches past the average lakeshore setback where no encroachment is normally allowed; and to Section 10.23, Subdivision 6(B) to permit a principal structure on a 1.36 acre lot where lot area of 2 acres is normally required. NOW, THEREFORE, EE IT RESOL�ED by the City Council of Orono, Minnesota: TR�l��FER ENTERED ttEfdNePtN COUNTY TAXPAY�R SERVICES 0 C T I� 1898 Page 1 of 4 J��:__-=�-� Nn, ��..��u�r .... ._ _ .� f�l.. � � -.-_� ,i' O,�:�,,, ,. ,; /O �� O i� �! �,D�- �� C ITY of ORONO � �� I�,� ;�_- � �� /% RESOLUTION OF THE CITY COUNCIL \\�`q�f p4�%' N O. � � `�' ��F' _ SH�� FINDINGS 1. This application was reviewed as Zoning File #2396. 2. The property is located in the LR-lA One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 20, 1998 and recommended approval on a vote of 6 to 0 for a variance based upon the following findings: A. The accessory structure would remain on the lot without a principal structure during the demolition and reconstruction period. B. The lot is located on a corner creating a situation where the entire buildable part of the lot encroaches into the average lakeshore setback distance. C. The lot size is 1.36 acres where 2 acres is required for the zoning district. D. The lot meets a11 hardcover and structural coverage requirements. 4. 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 �3tltino th_P, v�r12��1CPg ��t�il�[� 11Qt �.�.VC'TSPIV ?ffect �ra.�c co_r:�iti�ns, li�ht. �u.T :10I' 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 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. 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 4 �i�� o \\\ /,� �\\ j% \\ ll'O O`�� ,b� � �� CITY of ORONO I�� G'�;,/,�� RESOLUTION OF THE CITY COUNCIL ;� � NO. � .� �:�� `�: ��kESH��='i � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants ��ariances to Municipal Zoning Code Section 10.03, Subdivision 9(A) to permit an accessory- structure to remain while the existing structure is demolished and a new principal structure is constructed; Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16 �C),c;) to perrr�it t�:e canstruction of a ��si�ien�e �rhich er^roaches �ast the ave;�ge �akeshore setback where no encroachment is normally allowed; and to Section 10.23, Subdivision 6(B) to pernut a principal structure on a 1.36 acre lot where lot area of 2 acres is normally required. 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 (July 27, 1999). 2. 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. 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. A dontec� hy the City Co�.incil of the City ef Orono< Minnesota at a regular rne;eti�b;.l�e1d �n the 2"%th ciay of Juiy, 199�. :��F�T7'�ST;:G �o ,-; , .� :;� . -- , `�r , . . , � . , , � . . . .�, .� , --° . , �� . :, , , „ • - � / ., , , s . ��,d� � - 11s"�-` _ ,�_ ,_ . . >�_, �.•;�� . ..__.., � Liiida±;�S. Vee; City Clerk Gabrie Jabbour, Mayor -' _ > > � . � ,- � - � � � 4 � fti !� n � }�.-�-,.�.� ...�r � �J s ��u �, Property wn�r s) ,\ v � Page 3 of 4 � O %// /� �\�,� I�/O � O..��\I�i �� n� Y �; CITY of ORONO , �, ti;.; � �,'�� RESOLUTION OF THE CITY COUNCIL � 19 .¢,��' NO. � �. �`� �� ;kESH�-/ ' �` STATE OF MINNESOTA ) ) ss. COUI�;TY OF HENNEPIN ) The foregoing instnunent was acknowledged before me on this 27th day of July, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municiNal COT'p(7T'a�i:32'i and said instrur:«er�t JJn� �'rieCUtc-� i3i: 'O�i;a1f Of i:'Ie �.It�. ,-.,,.,.�.,,�.-, r"" . -_?�_ � �.. CP,ROLE A.HASEPJ{P.N '� � ( ,<,�,�: N6TARY PUEUC-�INh?ESOTA a1 � I ,' � /� �� ., i�::;ct:Fi� HEhNFPINCOUNTY `� `C�1%J�� .s�l�,�11�ZL� t �'::?'° My Commission Erpires Jan 31,20on r; Notary Public � � <_._�_.�'�"��'"=.._�,:�� -. _ .,. � STATE OF MINNESOTA ) ) ss. COLTI�TTY OF HENNEPIN ) On this � day of� , 199 y before me a Notary Public within and for said county, personally appeared C/;n�' l�le,-�;so., � .Ta� ��rr;son . hvs ��. n��, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowl �,,� - i�same as his (their) free act and deed. � � CAROLE A.HASEMP,N �7� �%�„ NOTARY PUBLIGMINhESdTA �j f ' ' HENNEPIN COUNTY �� C, e��J t � ; � � _ � M;�Commission E�aises J�n 3� 2�� ,�i Not�y Public � "`e.c��«a;:'::�..�:"�'�'".�...�r'�`r'd:.�""� .:,z: STATE OF�MINNESOTA ) ) ss. tivTv�':`: v� :,Li�.'i`�i�..:'il; , J 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 4 of 4