The URL can be used to link to this page

Home My WebLink About#2557 Recorded Resolution 4416'·, CITY of ORONO RESOLUTION OF THE CITY COUNCIL No t.l /.' ' . ,~ . RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION l(B) & 2; AND SECTION 10.56, SUBDIVISION 16 (C) (6) & (L) (2); AND SECTION 10.23, SUBDIVISION 6(B) FILE NO. 2557 -WHEREAS, Daniel J. McAthie and Judith K. McAthie, husband and wife , (hereinafter "the applicants") are owners of the property located at 1449 Bay Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Tracts C and P, Registered Land Survey No . 192 , Subject to easement for County Road 15 , 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 January 19, 2000, 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 a variance 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 to the garage and an addition to the second story of the existing home that encroaches 20' into the average lakeshore setback and per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 5,745 s.f. (28.27%) hardcover in the 75 -250' lakeshore setback area where 6,241 s.f. (30 .7%) exists and 5,081 s.f. (25%) is allowed and per Section 10.23 , Subdivision 6(B) to allow a side yard setback of 10.62' to the north property line and 9.93' setback to the south property line where 30' setback is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono , Minnesota : Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL lit ,; ·i ,"?:-NO. -... ·_.t. ':.:J' FINDINGS 1. This application was reviewed as Zoning File #2557. 2. This property is located in the LR-lA Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of approximately .98 acres or 42,784 s .f . 3. The Orono Planning Commission reviewed this application on January 19, 2000 and recommended approval by a vote of 5-0 . 4. The Planning Commission made the following findings of fact: A. The lot is unusually shaped undersized for the LR-1 A Zoning District. B. The amount of hardcover in the 75-250' setback area is being reduced from 6,241 s.f. (30 .7%) to 5,745 s.f. (28.27%). C . The residence was built in 1967 prior to standards being adopted for hardcover and average lakeshore setback. 5. 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 would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. 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 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . [! it; ) :;_~ 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 to the garage and an addition to the second story of the existing home that encroaches 20' into the average lakeshore setback and per Section 10.22, Subdivision 2 and Section 10 .56 , Subdivision 16 (L)(2) to allow 5,745 s.f. (28.27%) hardcover in the 75-250' lakeshore setback area where 6 ,241 s .f. (30.7%) exists and 5,081 s.f. (25%) is allowed and per Section 10.23, Subdivision 6(B) to allow a side yard setback of 10.62' to the north property line and 9.93' setback to the south property line where 30' setback is required. Approval was subject to the following conditions : 1. Council approval is based on the site plan submitted by the applicants attached to this resolution on Page 6 . Any amendments to the site plan may require further Planning Commission and City Council review. 2. 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 (January 24, 2001). 3 . 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. 4. 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. Page 3 of 6 ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE C I TY COUNCIL 4 I! 'tj E~ NO .------- The foregoing instrument was acknowledged before me on this 24th day of January, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City . CAROLE A HASEMAN NOTARY PUBLIC -MINNESOTA M'f Commission Expires Jan . 31 , 2005 Notary Public Page 4 of 6 ) ) ss . COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 lj; .i (;- On this //+." day of h::hr c)c, .. .J~y , 2000, before me a Notary Public within and for said County, personally appeared lhni e lS. Yt,Atn ·,e0:.LJ;th K.l1a#th;e,h.,~~~1J<,j_,w :+..,, 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. CAROLE A. HASEMAN NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2005 ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) (! en ,-£"v C'. ,,iL_J.cJ/ ,.4.-,.J Notary Public On this day of , 2000, 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 5 of 6 . ' .. -:-- ··~--· .· a 1; ~ a = 0 • .. 1 0 ; .. • ! =1 .. ~ ·-·-.. ;,. -.... Page 6 of 6 ..... ~ tl _c_-; z ,,,l)' s: l> ;o 0 u N _, ln ~ c::, 0 C> rn -f "'D ~ ~ r-m -1 (/) RESOLUTION # STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) 3267406 ~ ii I -0 (P c.: N :!Ir Iii "~ "'1 3. ~1 ~ ~ _J C m ~ en ~ a') oi en Om i z~ =-f :a ,.. - (.; (>, \ '1 . ,I ,I~ J ~ I , Linda S. Vee , City Clerk of the City of Orono, Hennepin County , Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on January 24, 2000 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting . In Witness Whereof, I have hereunto set my hand and seal this · 31st day of January , 2000. Linda S. Vee, City Clerk HINSHAW & CULBERTSON APPLETON, WISCONSIN BELLEVILLE, ILLINOIS BROOKFIELD, WISCONSIN CHAMPAIGN, ILLINOIS CHICAGO, ILLINOIS CRYSTAL LAKE, ILLINOIS FT. LAUDERDALE, FLORIDA JACKSONVILLE, FLORIDA JOLIET, ILLINOIS LISLE, ILLINOIS MIAMI , FLORIDA WRITER'S DIRECT DIAL NO. 612-334-2516 Carole A. Haseman City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 PIPER JAFFRAY TOWER SUITE 3100 222 SOUTH NINTH STREET MINNEAPOLIS , MINNESOTA 55402 612 .333 .3434 TELEFAX: 612 .334.8888 November 1, 2000 Re: Resolution No. 4399; City of Orono File No. 2518 Resolution No. 4416; City of Orono File No. 2557 Dear Ms. Haseman: MILWAUKEE, WISCONSIN MUNSTER, INDIANA PEORIA, ILLINOIS PHOENIX, ARIZONA ROCKFORD, ILLINOIS ST. LOUIS, MISSOURI SAN FRANCISCO, CALIFORNIA SPRINGFIELD, ILLINOIS TAMPA, FLORIDA WAUKEGAN, ILLINOIS FILE NO . 752031 Enclosed are the filing confirmation certificates from the Registrar of Title's office in connection with the above referenced Resolutions. cc: Thomas J. Barrett, Esq. (w/o enc.) HC26DS4 / 4715/ 26507178.vl 4/8/2000 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS