HomeMy WebLinkAboutResolution 4503 �r: - '
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��6. - CITY of ORONO
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�� G'� RESOLUTION OF THE CITY COUNCIL
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�`9kESHp4�'�' � � NO. , :.
� A RESOLUTION GRANTING A VARIANCE � � � � �'
' � � TO MUNICIPAL ZONING CODE �
SECTION 10.56. SUBDIVISION 16(C),
� - ' � FILE NO. 2598
W�IEREAS, Douglas J. Dayton, (hereinafter "the applicant") is the owner of the
property located at 300 Sixth Avenue North within the City of Orono (hereinafter "the City") and
legally described as follows:
That part of northwest 1/4 of southeast 1/4 of Section 25,Township 118,Ra.nge 23,
lying northerly of County Road Number 6 and commencing at a point in east line of
government lot 3 distance 1082 2/10 feet north from southeast comer thereof then
west 100 feet then south to northerly line of County Road North 6 then northerly
along said northerly road line to west line of government lot 3 then north to northwest
corner thereof then east to shore of Kegan Lake then southerly and easterly along said
� lake shore to east line of government lot 3 then south to beginning except road,
� Hennepin County, Minnesota(hereinafter "the property"); and
. �VHEREAS,the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.56, Subdivision 16 (C)to allow a lakeshore setback of 80'where 100' is required
to permit an addition to 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 July 17,2000, at which time all persons desiring to be heard
concerning this application were given the opporlunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
� Minnesota: • �
FINDINGS
l. This application was reviewed as Zoning File#2598.
2. This properry is located in the RR-1B Zoning District,where 2 acres is the minimum
lot area. The property consists of approximately 90 acres. �
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3. The Orono Planning Commission reviewed this application on July 17, 2000 and
recommended approval by a vote of 5 to 0. �
4. The Planning Commission made the following findings of fact:
A. The structural coverage on the lot is not a concern, nor are hardcover or
average lakeshore setback. -
B. The existing residence is currently located 83'from the lakeshore where 100'
is required. .
' C. The residence was built prior to current zoning standards.
D. Granting of the variance will have no impact on neighboring residences.
• E: Due to the location of the house and its interior layout, there is no practical
way to locate the proposed closet addition in a conforming location.
5. 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 applicant, 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.
6. 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.
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)to allow a lakeshore setback
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�� G'ti RESOLUTION OF THE CITY COUNCIL
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of 80'where 100'is required to pernut an addition to the existing residence. Approval is subj ect 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 further
Planning Commission and City Council review.
2. Authorities granted by this variance run with the property not with the applicant,
but are pernussive 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 (July 24, 2001).
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, his 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 24th
day of July,2000.
ATTEST:
�°��� ���� � �
Linda S. Vee, City Clerk Gabriel abbour,Mayor
Properiy er(s) .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of July,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
�sss�e , ,
!#IDI N.STURMAN J
tfORARY PIJBLIC-MtNf�ESOTA
f,�y Ccnmisston Exp�es dan.31,2005 Notary Public
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STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
• On this d`7�'► day of c�v�� ,2000,before me a Notary Public within
and for said County,personally appeared `DoUQ�QS �. �a.y�-on , i�h a rr��
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their)free act and deed. .
t�i N,STURMAN � , .
���'�� Notary Public
MpcAmMNion Expkes,�an.31,2oos
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Oii this o��� day of ,,c. � ,2000,before me a Notary Public within
and for said County,personally appeare , �D � r�' '
known to me to be the person(s) described in an who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their)free act and deed.'
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LtNDA S.VEE Notary Public
NOTARY Pi181iC.NpNNESOTA
�'�Y�anrrdsabn Exptns Jan.31,2005
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