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Home My WebLink About#4179-variances i�� ,� �� . 0 0 � �s. - ,� CITY of ORONO r3 �+;I �� G'�� RESOLUTION OF THE CITY COUNCIL �9k'ESH�4� N0. � �;, '� `� A RESOLUTION GRA.NTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C) (6); SECTION 10.22, SUBDIVISION 2; SECTION 10.�6, SUBDIVISION 16 (L) (2) FILE #2418 WHEREAS, Graydon Newman and Michelle Newman (hereinafter "the applicants") are ow�ners of the property located at 165� Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follo�,vs: Lot 6, Auditor's Subdivision No. 349, 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 21, 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 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allo�v 11,605 s.f. (26.7%) hardcover in the 75-250' lakeshore setback area where 10,8�0 s.£ (2�%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � j i , � /.�, O,�. �O O � e - � CITY of ORONU � � '; �� G'��/ RESOLUTION OF THE CITY COUNCIL t�sKog'� rvo. 4 � '� � FINDII�'GS 1. This application was reviewed as Zonin� File #2418. 2. The property is located in the LR-1B, One Family Lakeshore Residential ZoninQ District. 3. The Planning Commission reviewed this application on September 21, 1998, and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The lot meets size and yard setback requirements. B. The zoning lot is located on a peninsula and is inegular in shape. C. Variances were previously granted for hardcover and average lakeshore setback. 5. The City Council denied the applicant's request on September 28, 1998, but due to not receiving complete information to base a decision upon, the applcation was opened for reconsideration on October 12, 1998. 6. Property owners acknowledge that the proposed plan does not include outdoor patios or decks. It is the intent of the City Council that future requests for additional hardcover would not be looked upon favorably. 7. 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 property right of the applicants; and �vould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 i . � / O � � O O �d. - ,; C ITY of ORONO � � ; �� ,'�'//� RESOLUTION OF THE CITY COUNCIL t�kESH�4� NO. 4 � `� s.. 8. 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 variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 11,60� s.f. (26.7%) hardcover in the 75-2�0' lakeshore setback area where 10,850 s.f. (25%) is normally allowed. Approval was subject to the following conditions: 1. No additional hardcover shall be allowed in the 75-250' lakeshore setback. 2. The observation tower shall not exceed the height of the roof line located over the southeast portion of the proposed residence, as shown on the Elevation sketches dated September, 1998 on file with the City of Orono Building and Zoninj Department. ;. 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 (October 26, 1999). 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 automaticall}� terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recordin� of this resolution in the chain of title of the property. Paje 3 of 5 I, / �� ,!�o 0 �j� ��b- - C ITY of ORONO 1 �� G'�' '! RESOLUTION OF THE CITY COUNCIL \�9kESH04� N O. 4 � `� � Adopted by the Orono City Council on this 26th day of October, 1998. ATTEST: ,J 1 G%?G(,�✓ � C�1� � � �� Linda . Vee, City Clerk Gabriel bbour, Mayor �'l.��L,�.,.�� ,� roperty wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998, 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. � _ =u:.� �._�_`.�__� , Notary Public "` C�FC`EP_F`,�� „f,1, , r ,: -' -\ - ��_� �; ',� r��, �v F�� . , � E��'r � �� 'TY S' t: _. �''Cc�T..� _.,.,.�c,._..�„'". .., �� L.. �`_ .::�..:.�._.,...._....... _�.. _- _ _. _ ., Page 4 of 5 /'/ O � � O O ,e - l� C ITY of ORONO � �'� ti , RESOLUTION OF THE CITY COUNCIL \��9x o��'G~ NO. � � � � t �SH STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �,(f-h day of Uc��U��2 , 199�, before me a Notary Public within and for said County, personally appeared �''��-�� j e � � �n �q, �Q�Q,'e�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. ��1 C�� !'\� MARY ANN JOHNSON C�.t,[ ��.��v^;y: NOTARY PUBLIC-MINNESOTA �� My Commission Expires Jan.31,2000 � Notary Pub ._.�.c;�.e,..:. �.C,-..�-u:.t.�.,G_::.:.:j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �h day of ��b.P,.-. , 199�i , before me a Notary Public within and for said County, personally appeared • �/ known to me to be the person(s) described in an who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. C � � " l - � `' �' ' ' ,:� `,'� P;..� � �' - _ ��a � � _�cl��i ,J �,�,�, �,� .��,� � � . - - t'�C�;-�i.' �iS�:��" 'J;. "•� _rr� Notary Public �:: _';,._:��-- ...�_�:�e.�",-,..,...-..��;-%:=^...^'� � � I I i i Paje 5 of 5 I;