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HomeMy WebLinkAbout1990-06-01 Resolution 2810City of C -w .,ONO RESOLUTION OF THE CITY COUNCIL NO. 2810 A RESOLUTION GRAFTING A VART1110E TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 PI7.B #1522 WHEREAS, James and JoAnn Nordlie (hereinafter "the applicants") are the owners of the property located at 2505 Dunwoody Aven• ,2 :..thin the City of Orono (hereinafter "City") and legally described as fellows: Lot 3, Block 8, T3wnsite of Langdon Park, 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 the construction of additions to the existing residence, such additions constituting additional hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1522. 2. The property is locates in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 21, 1990, and recommended approval of the proposed variance based upon the following findings: A) The proposed addition meets all standards of the Orono ',-)ning Code except for the hardcover limitation. B) A significant portion of hardcover on the property is in blacktop driveway areas, of which portions could be removed in order to decrease hardcover on the property to the 35% level, as compared to the existing 38.07% in the 75-250' zone. 4. 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 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2810 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of an addition to the existing residence which w.)uld constitute an increase in hardcover on the pr Derty where hardcover already exceeds the 25% limit in the 75-250' setback zone, su*-ject to the following conditions: 1. Prior to inspection of the footing forms for the new addition, an amount of hardcover shall be removed the driveway area as shown on Exhibit A attached, such that hardcover in the 75-250' zone will not exceed 7,65E square feet (35.0%). The applicants are advised that future hardcover additions in the 75-250' zone will not he approved, but might be approved only in conjuncti(,n with concurrent removals of existing hardcover resulting in no net increase in hardcover above the 35% limit imposed by this resolution. 2. Authorities granted by this resolution 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 (May 29, 1991). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violat4.on of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemear.o-. Page 2 of 4 city of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2 810 4. The undersi7r.ed applicants ha✓e read, understood and hereby agree to the terms of thi3 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 29th day of May, 1990. ATTHST : y Nj! Vallin, City C Pr erty Owner s STATF OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 29th day of May, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of tha City. TARA co�UNTY A Notary Public HENAW S My Commission Expires Page 3 of 4 aK:d a: h - STATE OF MINNESOTA COUNTY OF HENNEPIN City of ORONO ) ss. RESOLUTION OF THE CITY COUNCIL NO. 2810 On this 1st day of June , 199 0 before me a Notary Public within and for said county, personally appeared J.S. & JoAnn Nordlie, Husband & Wife known to me to be the persons described in an who execute t o foregoing instrument, and acknowledged th,t he (they) executed the same as his (their) free act and deed. THFRESA L HAAB MWAl y ptg" . hiNNUOTA pWp as My OM 1 P. STATF. OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 4jL' /U Q NOTARY PUBLIC 9/8/92 MY COMMISSION EXPIRES On this day of , 199 , before me a Notary Public wit`.in and for said County, personally appeared known to me to be the person s descri ed in an w o executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY CCMMISSION r XP u c Paqe 4 of 4