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Home My WebLink About#4169 - variances , I , . / O - � � O O �b - � C ITY of ORONO �� G RESOLUTION OF THE CITY COUNCIL � �, \ 9kESH�4� NO. 4 � � �� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (6) FILE #2419 `VHEREAS, William Hoeft and Anastasia Hoeft (hereinafter "the applicants") are owners of the property located at 1725 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 4 and 5, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plarming Codes, the Orono Planning Commission held a public hearing on September 28, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and `VHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (6) to permit the construction of a residence encroaching 35' into the average lakeshore setback and a pool terrace encroaching 40' into the average lakeshore setback where no encroachment is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2419. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq.ft. is the minimum lot area. The property consists of 2.92 acres or 127,382 sq.ft. Page 1 of 4 � � °� . 0 0 �-e - C ITY of ORONO � � �, , �� G'�' RESOLUTION OF THE CITY COUNCIL \t�kESH��`� NO. 4 � � � 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 proposed residence meets all lot and hardcover requirements. B. The lot is located on a peninsula causing the average lakeshore setback distance to be pushed back on the lot. C. The lot faces the south whereas the adjacent lots face to the southwest and east. 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 variances 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 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 variances 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 10.56, Subdivision 16 (C) (6) to permit the construction of a residence encroaching 35' into the average lakeshore setback and a pool terrace encroaching 40' into the average lakeshore setback where no encroachment is normally allowed. Approval was subject to the following conditions: Page 2 of 4 � °� . �o 0 �b-.- C ITY of ORONO � � . '� RESOLUTION OF THE CITY COUNCIL �t`9kE Hp4�'G N O. � .� � � S 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 pernut within one year of the date of Council approval, or this variance will expire on that date (September 28, 1999). 2. 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. 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. Adopted by the Orono City Council on this 28th day of September, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel abbour, Mayor , � i^_ � .��`- r o erty Otivner(s) � STATE OF nRNNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a l��innesota municipal corporation and said instrument was executed on behalf of the City. .,.�-,��--_'�'"`�`� � " - '�'; `' CP,ROLE A.HASE"�1a.N � ��. � �,��.��,� NGTP.RYFU6UC-4?:�;t:'ESOTa � `�''��' ;.� NENNfFI,yCCUNTY _ --- �'v Cr,r;;r,;�sicn Er;'';es,lzn.3�,7oCn � Notary Public =.;�, -_-,.,��--�:�,_�.—�_ -.. Page 3 of 4 I /�O � � � O O ��-.- C ITY of ORONO �� '�' / RESOLUTION OF THE CITY COUNCIL G t�SHOg'� N0. � �. � � STATE OF MINNESOTA ) ) ss. COL'NTY OF HENNEPIN ) On this '�� day of�� , 199�before me a Notary Public within and for said county, personally appeared � cLa CQ o.�ti �-,�?` i��,�.,�-c.� known to me to be the person(s) described in and who executed rthe foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .' .�. JAMIE L.GEMAR � NOTAHYPUBLIC-MINNESOTA ` � ��yyL,Q�_� . '` HENNEPIN COUNTY � ��'�� :+;.`�n-�'`: `�•� ° My Commission Expires Jan.31,200o NoY Public .,� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of ��,�,�P��j.��- , 199� before me a Notary Public within and for said county, personally appeared ��[j;�_ �t�n-,�rr��ec1, known to me to be the person(s) described in and who executed the foregoing instnunent, and acknowledged that he (they) executed the same as his (their) free act and deed. .tt.vt�is��r.r�s��i2�'�"'_�� . - ?J ;� � CP,ROLE A HASEMP.N ��' � �- � �� , :r;�,�� NOTARYPUBUC-�ii�dhESOTA Notary Public . \�:.•'r::y;. HENNFFINCOUNTY �� '�'• My Cr,mmissicn Er;ires J�n.31.?Crn ; .. _ , �;, 1.,�:<:c.c�.�.��e�a��`��._ .._... .__... Page 4 of 4