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Home My WebLink AboutResolution 4759 s ? _ i---- �� . � o 0 ��b. - C ITY of ORONO � F �� '�' RESOLUTION OF THE CITY COUNCIL ��SH�4� , NO. � � � � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZOIVING CODE SECTION 10.56,SUBDIVISION 16 (C)(1), SECTION 10.56,SUBDIVISION 16 (C)(6), ' SECTION 10.56, SUBDIVISION 16 (L)(1); � FILE NO. O1-2709 WHEREAS,Richard R. Shull and Anne M. Shull(hereinafter"the applicants")are the owners of the property located at 2285 French Lake Road within the City of Orono(hereinafter � "the City") and legally described as follows: Lot 4, Block 1, and Outlot C, Johnston's French Lake Second Addition, Hennepin County, Minnesota(hereinafter"the properry"); and ' � WHEREAS, the applicants have applied to the City for a variance to Municipal • Zoning Code Section 10.56, Subdivision 16 (C)(1) to permit structure within 150' of a Natural EnvironmentLake,Section 10.56,Subdivision 16(L)(1)topernut 3,830.25 s.f.(23.5%)ofhardcover in 0-7�' setback area where 4,381 s.f. (26.9%) exists and 0 s.f. (0%) is allowed and Section 10.56, Subdivision 16(C)(6)to permit the encroaclunent of 50'and 75'into the average lakeshore setback for construction of a three stall garage to the east end of the residence,a new entryway over existing steps and a cantilevered bay window. NOW, THEREFORE, BE IT RESOLVED by the CiTy Council of Orono, Minnesota: FINDINGS � 1. This application.was reviewed as Zoning File#O1-2709. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District, where 2 acres is the minimum lot area. The property consists of approximately 1.5 acres, 3. The City Council approved Resolution No. 4695 for variances to permit a two stall garage and entry way to the existing residence. � � � Page 1 of 5 , . . _ � �----- �� o o , ��b. - C ITY of ORONO � � . �� '�' RESOLUTION OF THE CITY COUNCIL ��SH�4� � � N0. __�� _ 4. The properiy owner made changes to the approved site plari, and City Council approved the revised plan on February 11, 2002. . 5. This resolution supersedes Resolution No. 4695. � 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properiy 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 applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial 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. . � 7. 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. 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 10.56, Subdivision 16(C)(1)to permit structure within � 150' of a Natural Environment Lake, Section 10.56, Subdivision 16(L)(1) to permit 3,830.25 s.f. (23.5%)of hardcover in 0-75'setback area where 4,381 s.f.(26.9%)exists and 0 s.f.(0%)is allowed and Section 10.56, Subdivision 16(C)(6)to permit the encroachment of 50'and 75'into the average lakeshore setback for construction of a three stall garage to the east end of the residence, a new entryway over existing steps and a cantilevered bay window. �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 this variance run with the properry not with the applicants, • Page 2 of 5 s ` ' _ /�� /� �11�' �� o 0 ��e. - CITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL L�SKO4� . � No. � °� ,�,�� 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 (February 25, 2003). 3. Violation of or non-compliance with any of the terms and conditions of this varia.nce 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 agrees 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 25th day of February, 2002. • ATTEST: � � < , U�Q� Lin V Ci Clerk � Barb a A. Peterson, Mayo . �, Property Owner(s) STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of February,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.. � , . � � 1 � �h ___ �...uo„ z� Notary Public •� .;:�, ALISSA A.WINTERNHEIMER NOTARY RUBL{C-MINNESOTA • Fly Commission Expir�s J�n.31^2006 J •�:,:.�..�� :..,� --°_ Page 3 of 5 , , , • _ ��_� . . �� s o 0 ��b_ - CITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��`9k'ESHpg'� NO. � � o� � � STATE OF MINNESOTA COUNTY OF HENNEPIN Y�. �a-:-�R.� The foregoing instrument was acknowledged before me on this�day of�, 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. , • Notary Public � ;�-�:. . STATE OF MINNESOTA � � ��'`��`�� Hf lTTkdiY FI�LIC-b�90TA COUNTY OF HENNEPIN � �j Com�sion Expires dan.s�,2005 On this�day of �u�v� , 20 62., ��c.�A-�o � - Si-IU�� personally appeared before me, . � who is personally known to me , _ � �''whose identity I proved on the basis of !�� 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. DENISE M.LESKINEN - NOTARY Pt18LfC-MINNESOTA ruty Corm�.,ion�es�an.31,2oos Notary Public STATE OF MINNESOTA � COUNTY OF HENNEPIN ` On this ��fh day of J K n� , 20�, �n��e /YJ- 5 h u //, � a�P�P%f'� personally appeared before me, � � who is personally known to me � whose identity I proved on the basis of M 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. � �� _ ►�AAFY ANN JOHNSON Notary P lic ��Y�8��.I�1;NNESOTA s•?�: ��Cp;res Jan.31,2�► �� Y'�"`' Page 4 of 5 . . ,,:•', ':n'.� ' r,ty� _____ . _ ' . �:��.��.,, '* Exhibit A � � .;. .°� �, , � '��.------..- � � 7 ---- -�• ,� � �f � � �� , �� . � • �� ' � �j � � . , "'-.'----.. ._r• ... � n ti.' • � =�- M� 3 o p o �: . . � �- . �^ o �� . � � ��.. e - . . �� - + �-r- . + � � . . o ----- ------ - � a . . + � ' .. � • ' � _ _ ; �� t_ � � � � • . . . � �.�� . � � �' � � f-'�=i't—�—�.. 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