HomeMy WebLinkAboutResolution 4332CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4322
A RESOLUTION GRANTING A VARIANCE
10 MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISI, 1N 16 (C)(6) AND
DENYING VARLANCES TO MUNICIPAL. ZONING CODE
SECTION 10.03, SUBDIVISION 15 (D),
SECTION 10.22, SUBDIVISION 1 (B), AND
SECTION 10.56, SUBDIVISION 16 (C) (1),(5), AND (6)
FILE NO. 2504
WHEREAS, Warren Garrett and Tana Garrett (hereinafter "the applicants") are
owners of the property located at 650 Brown Road North within the City of Orono (hereinafter "the
City") and legally described as follows:
That part of Government Lot 1, Section 34, Township 118, Range 23 lying South of
a line drawn East at right angles to the West line of said Govetnmer• Lot 1 from a
point thereon distant 1170.7 feet south along said West line from the Northwest
corner of said Government Let 1. Except that part lying Easterly of the
Northeasterly extension of the Northwesterly line of Block 8, Town of Long Lake,
according to the United States Government Survey thereof, Hennepin County,
Minnesota.
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.56, Subd. 16(CX6) for an average lakeshore setback variance to allow &.e
construction of a 12' x 20' addition to the home, an addition to the existing deck, and an inground
swimming pool surrounded by a deck. The applicants have also applied for vanances to Municipal
Zoning Code Sections 10.03, Subd. 15(D), Section 10.22, Subd. I(B), and Section 10.56, Subd.
16(C)(1), (5), and (6) to construct a 5' high 3 -rail, split -rail fence along the South property line
approximately 800', from the driveway to the lakeshore.
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CITY of ORONO
G� RESOLUTION OF THE CITY COUNCIL
NO.
NOW, THEREFORE BE IT RESOLVED be the City Coun,ll of Orono,
Minnesota:
FINDINGS
1 This application was reviewed as Zoning File #2504
2 This pro -city is located in the LR -IA Zoning Di!trict where the minimum lot area
requirement is 2 Acres The property consists of approximately 3.9 acres
3. Durng the Public Hearing, the applicants verbally «ithdrew the request for variances
to construct a fence
4 The Orono Planning Commission reviewed this application on July 19, 1999 and
recommended approval by a vote of 7-0 on the proposed variance based upon the
following findings of fact.
A The neighboring residences were constructed after the applicant's home
B The applicants' home is located approximately 400' from the lakeshore of
Long Lake.
C Mature stands of trees are located along both the North and South property
lines, extending well past the average lakeshore setback line.
D. The proposed house additior, deck addition, and inground pool will not block
or interfere with the neighbors' -views of the lake
E The construction of the house addition, deck addition, and inground pool will
not exceed the allowable hardcover for the 250'-500' zone, and the total
hardcover for this zone after the additions will be 21.9°-0.
5. The Orono Planning Commission reviewed flus application on July 19, 1999 and
recommended denial by a jute of 7-0 on the proposed variances to construct a fence,
based upon the following findings of fact:
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4eW°
O CITY of ORONO
A, G�� RESOLUTION OF THE CITY COUNCIL
Ot►� NO L2
A T he aoplicant's withdrew the request for variances to construct a fence
6. 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 applicants, but is necessary to alleviate a demonstrable hardship
or difficulty, is necessary to preserve a substantial prep,!rty right of the applicants,
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City
7, The City Council has consi3ered t'iis 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
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
an average lakeshore yard variance per Municipal Zoning Code Section 10 56, Subdivisior. 16(C)(6)
to permit the construction of a 12' x 20' addition to the home, a 400 sq ft addition to the existing
deck, and the construction of a 28'x 56' inground pool surrounded by a deck, and denying variances
to construct a fence. Approval was 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
(August 9, 2000).
2 Violation of or non-compliance with any of the terms and conditiuns of this variance
shall constitute a violation of the zoning code, shall automatically terminate and
authority granted herein, and shall be punishable as a misdemeanor.
3. The undersigned applicants have read. understood and hereby agree to the tams 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.
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CITY of ORONO
RESOLUTION OF Tr€CITY COUNCIL
4$ ) 4
NO. _
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting
held on the 9th day of August. 1999.
ATTEST:
Linda S. Vee, City Clerk
e
Owner
STATE OF MINNESOTA
Jabbour, Vayor
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of August,
1999 by Gabriel Jabboui and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Ntim•esota
municipal corporation and said instrument was executed on behalf of the City.
MARY ANN JOHNSON
NoTARY Pu8UC-6" I:4ES7TA
~ `.. myCom-tu:onEC;7cs::i jt.;:"7
STATE OF MINNESOTA
-P/c� ( n
Notary Pubic
) ss.
COUNTY OF HENNEPIN )
On this l3 f+ day of 4 . y s t , 199±7 before me a Notary Public
within and for said County, personally a geared Wg ke t,; 6 a d w 6; Li ' - d 7-111 ("'S c 14 n, � � � • f
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
MARY ANN JoHuSO?f rt
NOTARY PUBLIC k..%-JMTA
►y Carur_svon E*a5J a 3t. Z." Page 4 of 5
STATE OF MINNESOTA
CITY of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 4,449
) ss.
COUNTY OF HIENNEPIN )
On this day of , 199_, before me a Notary Public
Aithin and fcr 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
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