HomeMy WebLinkAbout#2396 Recorded Resolution6984336
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 1 ?, 5
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9(A); SECTION 10.22,
SUBDIVISION l(B); SECTION 10.56, SUBDIVISION 16(C)(6);
AND SECTION 10.23, SUBDMSION 6(B) t!o ~-l/ '7 FILE NO. #2396
\VHERE{s, Clint Morrison and Jody Morrison (hereinafter "the applicants") are
mvners of the property located at 3510 Bayside Road within the City of Orono (hereinafter "the
City") and legally described as follows:
Lots 26 and 27, Auditor's subdivision NO. 203, except that part of Lot 27 , said
Subdivision, lying Northerly of a line described as follows: Commencing at a
point in the East line of said Lot 27, 292.49 feet South of the Northeast comer
thereof; thence Northwesterly to a point in the West line of said Lot 27 , 261
feet South of the Northwest comer of said Lot 27, Hennepin County, Minnesota
(hereinafter "property"); and
'\VHEREAS, 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 July 20, 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 .03, Subdivision 9(A) to permit an accessory structure to remain while
the existing structure is demolished and a new principal structure is constructed; to Section
10.22 , Subdivision l(B) and Section 10.56 , Subdivision 16 (C)(6) to permit the construction
of a residence which encroaches past the average lakeshore setback where no encroachment
is normally allowed ; and to Section 10.23, Subdivision 6(B) to permit a principal structure on
a 1.36 acre lot where lot area of 2 acres is normally required .
NOW, THEREFORE, .BE IT RESOLVED by the City Council of Orono,
Minnesota: TRANSFER ENTERED
ttENNEPIN COUNTY TAXPAY!!R SERVICES
OCT 12 le98 Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 l ~ 5
FINDINGS
1. This application was reviewed as Zoning File #2396.
2. The property is located in the LR-lA One Family Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on July 20, 1998 and
recommended approval on a vote of 6 to O for a variance based upon the
following findings:
A. The accessory structure would remain on the lot without a principal
structure during the demolition and reconstruction period.
B. The lot is located on a comer creating a situation where the entire
buildable part of the lot encroaches into the average lakeshore setback
distance.
C. The lot size is 1.36 acres where 2 acres is required for the zoning district.
D. The lot meets all hardcover and structural coverage requirements.
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 varia.T1ces 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 variance on the health, safety
and welfare of the community.
Page 2 of 4
... ' ,, '
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 l Ci;"'
c;) ~
NO. --------
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.03, Subdivision 9(A) to permit an
accessory structure to remain while the existing structure is demolished and a new principal
structure is constructed; Section 10.22, Subdivision l(B) and Section 10.56, Subdivision 16
\C ){ 6) to permit the construction of a :·esidence which encroaches past the average lakeshore
setback where no encroachment is normally allowed; and to Section 10.23, Subdivision 6(B)
to permit a principal structure on a 1.36 acre lot where lot area of 2 acres is normally required.
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 permit within one year of the date of Council approval, or this variance
will expire on that date (July 27, 1999).
2. 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.
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 City Council
. aj~_et(1?,g;'Jfeld. o_n the 27th day of Juiy, 1998.
/ ·)<: . .-:·.,_'.' ;:1· .~.~--·~~~<~
s) ATT t sr,,,~'<:\\ o ·
ir ~~-'~_. ,_= _-_0_'.Pv ______ _
tin.di( S·;·; Vee; City Clerk
of the City of Orono, Minnesota at a regular
Page 3 of 4
. " . . ~ . .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 1 Q ~. NO. ~} ~ ...
The foregoing instrument was acknowledged before me on this 27th day of July, 1998,
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
munici pal corporat im; and said instrmaent wa~ executed on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ~ day of .:Tu /,1 , 199 _l_ before me a Notary Public within
and for said county , personally appearea (!/;n+ Horri )OI'\ !II-J'o~ U,,c,.,'so ". hu~bAA'· AJi fi..
knovvn to me to be the person(s) described in and who executed the foregoing instrument, and
acknowl r , same as his (their) free act and deed.
. ,, ,., • CAROLE A. HASEM.A.N a t ;~~ NOTARY PUBLIC-MINNESOTA C ;,f I '. .~i~: HENNEPINCOUNTY ~Ab . fS.~ern<+d , \ '·'i:_,~t~ft My commission &:pi res Jan.31 .2000 ,. • , t ,~~~_,~.::z-~· Notary Pubhc
STATE OF ~ MINNESOTA )
) ss.
COUNTY OF I-IE1\11'~EPIN )
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
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 4
r -..
RESOLUTION# 4 1 3 5
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
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 r esolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on July 27, 1998 , 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 -~2~9t=h~-day of
July , 19 ---2..8.._.
Linda S . Vee, City Clerk
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