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Home My WebLink AboutResolution 4747 f• .r j //'�_ /� �� . � O o ��b. - CITY of ORONU � � . �� G'�' � RESOLUTION OF THE CITY COUNCIL ��SHp4� NO. � � �� A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B), SECTION 10.03, SUBDIVISION 1(B), SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16(L)(1), SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16(L)(2)AND � SECTION 10.22, SUBDIVISION 1 (B) . FILE NO. 02-2738 WHEREAS, G & G Holding Company owned by Stanley Goldberg and Luella Goldberg, (hereinafter"the applicants")are the owners of the properry located at 1170 Loma Linda Avenue within the City of Orono (hereinafter "the City") and legally described as follows: • Lots 13 through 18, Loma Linda, Hennepin County, Minnesota (hereinafter "the property"); and WfiEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.24,Subdivision 5(B)to permit replacement of a lakeside porch ��°hich is located 2.7' from side lot line, Section 10.03, Subdivision 1(B) to permit the porch to � encroach 67' into the average lakeshore setback, Section 10.22, Subdivision 2 and Section 10.56, ' Subdivision 1(L)(1)to permit 297.2 s.f. (7.5%) of hardcover in the 0-75' setback area where 297.2 s.f. (7.5%) exists and 0 s.f. (0%) is allowed, Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2)to permit 2,351.67 s.f.(25.6%)of hardcover in the 75-250'setback zone where 2,351.67 s.f.(25.6%)exists and 2,292.38 s.f.(25%)is allowed,and Section 10.22,Subdivision 1(B) to permit structure within 75' of the lakeshore; and � WHEREAS, after due publ'ished 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 January 22, 2002, 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: � ! Page 1 of 6 %�1 �� . - . � o 0 ��e. - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL . �9kESH�4� NO. � �' � `c� • , FINDINGS � . 1. This application was reviewed as Zoning File#02-2738. 2. The property is located in the LR-1B Zoning District, where 43,560 s.f. or 1 acre is � the minimum required lot area. The property consists of approximately 13,144 s.f. or .3 acres. 3. The Orono Planning Commission reviewed this application on January 22,2002 and. recommended approval of the proposed variances based upon the following findings: A. A variance was granted in 1978 to construct the lakeside porch in its present location. B. The footprint, hardcover, roof height and lot coverage by structures aze not • changing from what existed. . 4. The City Council finds that the conditions e;cisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring properry; would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable harclship 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. ' �. 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 after- the-fact variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to pernut • Page 2 of 6 ;: � , , ` , �---; /� �� o o : ��a. - CITY of ORONO � ti � � . '�' RESOLUTION OF THE CITY COUNCIL �L`9$E p4'�G NO. � � � � �S� ' replacement of a lakeside porch which is located 2.7'from side lot line, Section 10.03, Subdivision 1(B) to permit the porch to encroach 67' into the average lakeshore setback, Section 10.22, Subdivision 2 and Section 10.56,Subdivision 1(L)(1)to permit 297.2 s.f.(7.5%)of hardcover in the 0-75' setback area where 297.2 s.f. (7.5%) exists and 0 s.f. (0%) is allowed, Section 10.22, . Subdivision 2 and Section 10.56,Subdivision 16(L)(2)to permit 2,351.67 s.f.(25.6%)of hazdcover in the 75-250' setback zone where 2,351.67 s.f. (25.6%) exists and 2,292.38 s.f. (25%) is allowed, . and Section 10.22, Subdivision 1(B) to permit structure within 75' of the lakeshore. Approval is subject to the following conditions: � � 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. - 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 y ear of the date of Council approval,or these variances will expire on that date (January 28, 2003). . 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 28th day of January, 2002. � ATTEST: � �� Rachel Dodge, Deputy Clerk Barbara A. Peterson, Mayor . �-�-� i � � Property Owner(s) � • C,G-t (��.tv�c�(�. ��C'd `�1�'et'S" �")Page 3 of 6 1 , ` � t �---- . /� �� . O o � � � � - � � CITY of ORONO b` � � . . �� G'�' RESOLUTION OF THE CITY COUNCIL . ��sH�g'� No. � � � `6 STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this 28th day of January, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � t ` u JACKIE YOUNG NO YPUBLEC-MINNESOTA STATE OF MINNESOTA . :� My Commission Expires Jan,s�,2oos COUNTY OF HENNEPIN � The foregoin�instrument was acknowledged before me on this �`�h day of January, • � 2002 by Rachel Dodge,Deputy Clerk of the City of Orono,a Minnesota municipal corporation and . . said instrument was executed on behalf of the City. =��:��. --�� 1��;r��. . ��(:F�"lSON G�, J �� NOTr.�,f-t.._IC jh.j.;JcSOTA y�,yt/ My Comm,ssic;��.,.,:•> �:a.31,2005 NOtary P lic - . -� STATE OF MINNESOTA COUNTY OF HENNEPIN On this 13�day of �.�•�va- , 20b2., 1'l• �� personally appeared before me, . �/�vho is personally known to me � . � �vhose identity I proved on the basis of tivhose identity I proved on the oath/affirmation of , a credible witness � and who e.cecuted the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. . � o BERT M. GROSS ? • NOTARY PUBUC—MINNESOi.+ '; n,y c�,,�a,,�,��.3,,20�,� Notary Public • � O Page 4 of 6 . � `F /O � .. ' .' . . � � � � O O ��d. - CITY of ORONO � � � � �� L'�' - RESOLUTION OF THE CITY COUNCIL . ��kESHO�� . . NO. �l��' ��'� STATE OF MINNESOTA COUNTY OF HENNEPIN �' ,� G: Gald.�� On this �c� �day of ��v , 20� 4�v personally appeared before me, ' ✓'who is personally known to me whose identity I proved on the basis of whose identity I proved on the.oath/affumation of , a credible witness and who executed the foregoing instrument,and ackno�vledged that he/she/they executed the same as his/her/their free act and deed. , . . BERT M. GROSS � NOTARY PUBUC-MINNESOTA ; Notary Public • � �`� Niy Cortxn.Expires Jan.31,2CQ5� . . e u • . . Page 5 of 6 i �i- � �7 � -' Exhibit A . � . .. . . . .r . . ` � �' 4 � � . . . � -. >�> -- . .. .... - . . � . • • • �v� • . -r�o - . . - r- . , ., o � - . . • ., .. . . � L A � ..--._. 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