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Home My WebLink About#1536 Resolution 2846City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 846 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE 11536 WHEREAS, Steve Gardiner (hereinafter "the applicant") is the owner of property located at 3770 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 1, 2, 3 and 4, Ottoville, Hennepin County, Minnesota (hereinafter "the property")~ and WHEREAS, the applicant has applied to the City of Orono for variances to Municipal Zoning Code Secttion 10.23, Subdivision 6 (B) for additions to expand the second story of the existing structure located 3.4' from the north lot line where a 30' setback is normally required-, and 20' from the west lot line where a 50' setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1536. 2. The property is located in the LR~lA Single Family Lakeshore Residential Zoning District. 3. The Orono City Planning Commission reviewed this application on July 16, 1990 and recommended approval of the proposed variance based upon the following findings: a. The applicant originally proposed additions to ·the footprint of the existing residence and proposed to expand the number of bedrooms in the house. The Planning Commission advised the applicant to revise that proposal based on the lack of capabi 1 i ty to expand the sewage treatment system to serve those expansions. The applicant then submitted a revised proposal for remodeling and a lesser degree of expansion of the roof areas, yielding no additional bedrooms from the current one bedroom status. b. The Planning Commission finds that remodeling within the existing footprint and revision of the roof line 'to Page 1 of 4 -•,'" City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 846 expand storage space in the second story area without creating additional bedrooms, is appropriate for the property while not creating any new encroachments of the existing substandard setbacks. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. · 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is pecessary to preserve a substantia 1 property right of the applicant; 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 the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10 .23, Subdivision 6 (B) to allow remodeling and upward expansion of the existing residence located 3.4' from the north side lot line where a 30' setback is normally required, and located 20' from the west lot line where a 50' setback is normally required, subject to the following conditions: 1. Approval is granted with the specific condition that the house remain as a one bedroom residence, adhering exactly to the plan presented, with the easterly portion of the new second floor to be "open to be low", not as future useable space. Any future interior remodeling to create additional bedrooms will require City approval. The approved floor plan layout for this addition is attached to this resolution as Exhibit A. 2 . Authorities granted by this variance run with the property not with the applicant, 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 (August 13, 1991). Page 2 of 4 . , ' 1 ,·'. City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. ___ 2_8_4_6 __ _ 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of 1990. th . ' . Hallin, City Clerk Property Owner(s) ~ STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this 23rd day of July, 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 beeh~~f the City. LJ'/w~)pL_ ~a? "L NA AB ----'T HEf\ES"'c .'M1NNes or A Notary Public NOi ARY p UBLI couNTY ueNNEP IN pir as 9-8-92 ..-. ro\ss\on e)( MY c.o~ro__.---~--Page 3 of 4 t . • • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ---=2...::cS...:.4..::::6 __ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) : l I •--i-\t ,' On this /J-J-A. day of !l:r.-';j/'-:S.~ , 199 0 before me a Notary Public ~ithin and f said county, personally appeared 5ff!c<Jfcn /f. UQ.d._c/,1<1-R ,~ 1110 Cl('/f.& known to me to be the per son ( s) described innd who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) NOTARY PUBLIC THERESA L NAAB NOTARY PUBUO • MINNESOTA HENNEPIN COUNTY My commission exp ires 9-8-92 MY COMMISSION EXPIRES On this 11-LA day of 4 ,1r.l,) .. S1-, 19 9Q before me hin and for~County, personally appeared 0... I e~nown to me to be the --"'-='"'-'-''-"-A.""""--+,s;L.L....1...LJ,.J.,L.:.~~~L...1..,'!..!.....~""'-.,._J.~=t......L.~ o executed the foregoinginstrument, person(s) describe and acknowledged that he (their) free act and deed. (they) executed the same as his THERESA L. NAAB · NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission -expires 9-8-92 MY COMMISSION EXPIRES Page 4 of 4 I • ,, \, RESOLUTION #2846 STATE OF MINNESOTA " ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin, 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 th~ Minutes of the proceedings of said.City Council at a meeting of said City Council held on August 13 , 19 90 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 15th day of Au ust 19 90 --"------ llin, City Clerk (SEAL) ;,1i- '' > ' . ' p I I }~Klt·~-~I ~-----------. £Y.H1 BIT A ~L, -:#:Z,SL/~ r--~-- --·_ JVo~j10t fta,r--@- _ -_ Vq'.,,,.l'o..,, v --. tf-. . .. .. 7t (\ , I '/ \ I I I ~ \ I I I ' ,.; \ I 4' ~ t-1,{;, M' I , \ I / . -~~'I°'~ t · . I L---- I \ --~~, \ I ', 1/ / -~N~~ -~ ., \ ' I \ I \ t I .,,..,...._,_ -I \ ' I / \ ft _t?\{r,tJ fo ~~t,c,-1\ / I ~ 'L-- i'"t:t-1 I 11 - ~ ' \ -; \ '--- : . 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