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Home My WebLink AboutResolution 4709 L � /--'- 7 O� O O � ��6. - CITY of ORONO � � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESHO�'� NO. � � O °� A.RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B)AND SECTION 10.03, SUBDIVISION 9, FILE NO. O1-2720 WHEREAS,Craig R.Miller and Beverley M.Miller, (hereinafter"the applicants") are the owners of the property located at 1325 Shoreline Drive within the City of Orono(hereinafter "the City") and legally described as follows: See Exhibit A WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a lot that is 130 feet wide where 140 feet is required and Section 10.03, Subdivision 9 to permit an accessory • structure on a lot without a principal structure; 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 October 15, 2001, at which time all 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#01-2720. 2. The property is located in the LR-lA Zoning District, where 87,120 s.f. or 2 acre is the minimum required lot area. The property consists of approximately 93,503 s.f. or 2.147 acres. 3. The Orono Planning Commission reviewed this application on October 15,2001 and recommended approval ofthe proposed variances based upon the following findings: � Page 1 of 6 �---- /7 O� � O O • ��6. - CITY of ORONO � � �� G�' RESOLUTION OF THE CITY COUNCIL ��Sgp4'� NO. � `� 0 � A. The property has been developed with a residential use since at least 1973. B. The lot can be developed without the need for further variances. C. The lot size is consistent with that of other developed properties in the neighborhood. D. The detached accessory building is in good structural condition. E. The detached accessory building was likely constructed under current 75' setback rules without a permit with no similar structures in the immediate neighborhood and is of no historical value. It is on a cement slab and therefore easily moved. � F. The detached accessory building is currently located within 75' of the ` lakeshore and must be moved to a conforming location. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly in this zoning district; that granting the variances will not adversely affect tra�c 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 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 • Page 2 of 6 �----- /� �� .O o ��b. � CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� N0. � °� O � variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential � construction on a lot that is 130 feet wide and 140 feet is required and Section 10.03, Subdivision 9 to allow an accessory structure on a lot without a principal structure. Approval is subject to the following conditions: 1. The shed located within 75'of the lakeshore shall be moved to a conforming location prior to City issuance of certificate of occupancy for the new residence. � 2. Authorities granted by these variances 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 these variances will expire on that date (October 22, 2002). 3. Violation of or non-compliance with any of the terms and conditions of these variances 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. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on ' the 22nd day of October, 2001. ATTEST: . � i da S. Vee, City Clerk Barb Peterson, Mayor � Properry Owner ) • Page 3 of 6 �_._.'" /� �� o 0 ��b. - CITY of ORONO � � �� G�' RESOLUTION OF THE CITY COUNCIL ��SH04� NO. � c�' � � STATE OF MINNESOTA COINTY OF HENNEPIN � ��-��` The foregoing instrument was acknowledged before me on this�day of October,2001 . by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �: RACHEL DODGE ��C '� NOTARY PUBLIC-MINNE^OTA ��- '��'� My Commisston Expkes Jan.31,20a5 �•,;��., ,,a_ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN _ The foregoing instrument was acknowledged before me on this�(.o�day of October, 2001 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corpor.ation and said • instrument was e:cecuted on behalf of the City. �� ;*��.; RACHEL DQaGE — ��..�-� �OOC./ �P '':�;,,�,:, NOTARY P(1gL1C-MINNEFOTA N t . ti�,.;�;_��;: My��, o ary Public .• Expka�Jan.31,2005 �`Y'r c_'"' �• .....�x.,.., . , . STATE OF MINNESOTA COUNTY OF HEiVNEPIN ��-riec� On this��day of �(?��e` , 20 D/, ��()z_°!''/t_°�! �/ _, ��/�a', personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of ✓VI/U ,�t` 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. �_. �;��r .� ��o�� t �"`� �x"`' Notary Public :� ,�� RACHEL DODGE • yt ..`�,K> NOTARY Pi18LfC.MINNE^OTA � '� ��0"�''��"'31'� Page 4 of 6 �,'_ �� o 0 ��b. - CITY of ORONO. � F �� ,'�' RESOLUTION OF THE CITY COUNCIL ��`9kESHp4'� NO. � � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�b'�hday of O C�he►� , 20 o I ,( /'�z i a � �YI�/f��- /1�/-7 jen__/ personally appeared before me, —�—'--�' � who is personally known to me V whose identity I proved on the basis of f�j��/ D� 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 hislher/their free act and deed. � RACHEL DODGE �–'� �� O°�9�`�--. � NOTARY PUBLfC-MINNE"OTA Notary Public :,,,�� MY Comrnl�sion Exphss Jan.31,20Q5 • .�<r • . � Page 5 of 6 � , � � . 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