The URL can be used to link to this page

Home My WebLink AboutResolution 4854 . - i . :e, � ...� . .: � , - ' , * . ' O J■� � � �v • O �, O . �. r CITY of ORONO � � .:. � . -.. . � �'.� G'�' RESOLUTION OF THE CITY COUNCIL ��kESYi�g'� NO. � � � � A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B), FILE NO. 02-2811 ' . WHEREAS, Daniel Parten and Ruth Parten, husband and wife, (hereinafter "the applicants")are the owners of the property located at 1015 Tonkawa Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1,Block 1,Carlwood,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 1 (B) to allow encroachment of 18 feet into the average . . lakeshore setback to construct an addition and deck to the lake side of the existing residence.� � � 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 August 19,2002,at which time a11 persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2811. 2. The property is located in the LR-1B Zoning District,where 1 acre is the minimum required lot azea. The property consists of approximately 90,990 s.f. (2.089 acres). 3. The Orono Planning Commission reviewed this application on August 19,2002 and recommended approval of the proposed variance based upon the following findings: � A. Neighbors views of the lake will not be negatively impacted by the addition. B. Hardcover in the 75-250' setback zone will not change,nor will lot coverage ` � 1 of 5 � � O,�. � - . � � ; y - � � . • � � � - S. � . C ITY of ORONO ,� -:., �., . . ,r'�� ti ti RESOLUTION OF THE CITY COUNCIL G �`9kEs8�4� , � ± � NO. � � � � by structures. �, 4. The City Council finds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zoning district;that granting the variance will 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial properry right of the applicant; 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 a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B)to allow encroachment of 18 feet into the average lakeshore setback to construct an addition and deck to the lake side of the existing residence. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require fiu ther Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants,but . � a.re permissive only and must be exercised by application for a building permit within . one year of the date of Council approval, or these variances will expire on that date (August 26, 2003). 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, 2 of 5 � °� • o � � . - � . CITY of ORONO . � , ",tlr.•... � � � ti RESOLUTION OF THE CITY COUNCIL �� p4'�G . NO. � o� � . kESH. hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 26th day of August,2002. - ATTEST: �� ,� �� . L' S.Vee, it ler Bazbaza A. Peterson, Mayor � ' � w Properry Owner(s) • STATE OF MINNESOTA � COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this 26th day of August,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal co ora ' said instrument was executed on behalf of the City. ��g,p{dDERSON ' NOTARY PU9�FC-M�NNESOTA a�� rission ExA��a;.�".. ;�I ^an� Not u''��,�,�.��,�;.::,��:.�.,,�.:::. . . �,��.�'�" STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this�� f day of August, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said insttument was executed on behalf of the City. . ��r/ Notary P lic ;�;'��"`,� MARY ANN JOHIvSON � • ;rl�.'-�,�'�,`��`:� NOTARY PUBLfC-MINNE50TA "�"'` Mr Cornmtsslon Expires Jan.31,2005 ,�+.� 3of 5 � �� . • � � � � CITY of ORONO y . � '' :.•. � , : �, �'',�L �G'�' RESOLUTION OF THE CITY COUNCIL `�kEsH.og' � rvo. �4 � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of� 2rrr � ,2002,,�ct n � e/ �a�.-1-e a� maa�'pp rsonally appeazed before me, • � who is personally known to me ✓whose identity I proved on the basis of /r!/�/ DL whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � <;�� MAP.YANNJOHNSON � � _ NOTARY PUBL�-MIIVNESOTA . NOtaI'y P I1C :�ra: 1�j�CqM11�IW1.E�cp�es J�1.31�200.5 . • STATE OF MINNESOTA � COUNTY OF HENNEPIN � � On this�day of�i��=�—' 2002, ��rt7-�tif. i�a�/'feVl, /1�A��.�personally appeared before me, who is personally known to me �whose identity I proved on the basis of -/l.t-�N �L whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. - Notary Public - � . �`"` �?dl��M.LESKINEN . ' NOTARY PUB11C-MINNESOTA " - ` '.,,q My Commfssion Exp(res Jan.31�2Q05 � • � . �-4 of 5 + .. ' ' ' � Exhibit A � � � � � � . � � � � x � .. ( � = ' w a . � � �X � a = � � � °.� . A � ' � � � ' O �G � • � � F � . . 3 � 3 � i � � i � .� a . i � m � � � � y� /� ^ $ �� . � ... r� � . � � " � � ' X� D . �� pZ o � � � � � ro� � � ' � � z f� r � � O � � �� . Z - � � ' o � �� . a, � �� o< � �� o � � D' �: � � � � � � � � m� D; � � �' i5 � \ . O C�1�. - N� \ • � .7� S� � � x -a� Q,� ay • � �• ��c. d'-10" a� g� �n ^. 7c' o ., 3 � Page 5 of 5 � � C a