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Home My WebLink About#3789 - variances �o � � O 0�;,, ��b��, �� CITY of ORONO � �� , �� \� � G RESOLUTION OF THE CIT.Y COUNCIL �`9 4� N O. � �� SH� / �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZOIV'ING CODE SECTION 10.22, SUBDIVISION 2 FILE #218� WHEREAS, Richard M. Kovacevich and Mary Jo Kovacevich (hereinafter "the applicants") are owners of the property located at 1580 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: The south 225 feet of Government Lot 1, Section 9, Township 117 North, Range 23 West of the Fifth Principal Meridian (09-117-23 33 0008) Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of a 20'x20' living room addition to the lake side of the existing residence resulting in 10,820 s.f. or 27.18% hardcover within the 75-250' setback area where 25% is allowed and where 27.18% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2185. 2. The property is located in the LR-1B, Lakeshore Residential Single Family Zoning District requiring 1 acre in area. The property consists of 1+ acres. 3. The Orono Planning Commission reviewed this application on October 21, 1996, and recommended approval of the variance as proposed based upon the following unique findings and hardships: Page 1 of 6 �o� � � , /o o�� CITY of ORONO i� � �� i b I � � �, \�, ti�I � G'��j RESOLUTION OF THE CITY COUNCIL ��kESH�� N0. `� re � �'� �__ A. In June of 1987 the City issued a building permit to applicants for a swimming pool. The water retention area at 900 s.f. or 2.2% was not considered hardco��er at that time. B. The proposed improvement w�ill not result in additional excesses of hardcover. C. Applicants' residence is located approximately 150' from the lake. There is an extensive grassed gentled sloped yard extending lake�vard from the residence. D. No other variances are required for this improvement. 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 granting the variance w�ould 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 property right of the applicants; and would be in keeping �vith 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 1022, Subdivision 2 to permit construction of a 20'x20' lake side addition resulting in an excess of 870 s.f. or 2.18% hardcover variance, subject to the following conditions: Page 2 of 6 M /' O � � �� , ��z _ - �� CITY of ORONO � � �� ti i� '�'/ RESOLUTION OF THE CITY COUNCIL , '�' G / \�`9k Og'� N O. � �� SH / 1. All nonstructural paving improvements as show�n on Page 6 of this resolution shall be completed prior to the footing inspection for the new construction. 2. Authorities granted by this variance run with the property not �vith the applicants, but are permissive only and must be exercised by application for a building pernut �vithin one year of the date of Council approval, or this variance will expire on that date (October 2S, 1997). 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, tmderstood 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 Orono City Council on this 28th day of October, 1996. ATTEST: . /�. ;� �! ,, , � -%' � i ; rothy M. all n, City Clerk Edward J. Call an, Jr., Mayo � , , � \ ;:��.c-r.fyL,.� �'/. !/ �'ti w r�z `%C '�� _�\\ �--=-i� � ,,�� :_��:zs�� Property Owrner(s) � ,,� �.,� Page 3 of 6 . ��? � ' V O O �� - - '� CITY o� ORONO 4 1 �, ti j I � �,'�'/� RESOLUTION OF THE CITY COUNCIL \�� 4� � kESH�/ NO. :� � � � �_� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument �vas acknowledged before me on this 28th day of October, 1996, by Ed��ard J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, 'a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �rZ l� �� — LINDA S.VEE Notary Public NOTARY PUBLIC-�dINNESOTA =�'�*�-,:� HENNEPIN COUNTY My Commission Expires Jzn.31,2000 �'/. Page 4 of 6 •S /�O�_ Y' � /O O „ I ��d -. _, �;;� CITY of ORONO (� � ; �� G'�' i RESOLUTION OF THE CITY COUNCIL �kESHO�� NO. i� �'6, �; �i �,�— � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � / - On this�� day of -a��,�`,�/Y�-^� , 199�before me a Notary Public within and for said county,personally appeared�..�'��C�a'�( ,�''. ,�GtJ=�L-�c�l��i c�./t r� �'�'1i�,�'a �� k�)r�t��;�,, known to me to be the person(s) described in and who executed the foregoing instrument,n acknowledged•that he the exe��uted the same as his (their) free act and deed. �Mnr.��;v+�tiv��v�nr � �'ARY ELLEN KOCN ��t-r'�t F:GT,�nY PUoLIC-�i�ihESOT�1 � / �` _ ' H��N�PIN COUa�T`f � ,,( � ^, �� ;� 9. i``°�-:'�,'j Cc^�..�ic�E.r,,;!�s�an.31,200o NOTARY � BL C . _ , .. , . v�f,�.,...,�.n.°>�.+lvbwv�N;x STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within aiid for said county,personally appeared l:nown 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 , 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 acl:no�vledaed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 r.. �-� CnS� 1A3.2� ... 13. �"...17.U��: ....' 1/S.S� � ........"' y4.8ti ..r�'. 4. 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