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Home My WebLink AboutResolution 4532 ?3856;;--9 itt, 0 At CITY of ORONO )44,- 4 Pel�oe �Gs RESOLUTION OF THE CITY COUNCIL \kEs� NO. 4 5 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25. SUBDIVISION 6(B), SECTION 10.22, SUBDIVISION 1(B), AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO.2609 VV11}REAS,Alan I. Opheim and Maxine V. Opheim,(hereinafter"the applicants") are the owners of the property located at 1985 Fagerness Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Fagerness, including the accretions thereto lying between the northwesterly extensions to the shore line of Lake Minnetonka of the northeasterly and southwesterly lines of said Lot 3, and including the accretions'to said Lot 3 lying southeasterly of a line which is parallel with and 40.00 feet southeasterly from the southeasterly line of said Lot 3 and between the southeasterly extensions to the shore line of Lake Minnetonka of the northeasterly and southwesterly lines of said Lot 3, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow a three season porch to be constructed on an existing concrete slab located 6.9' from the side yard lot line where 10' is required and Section 10.22, Subdivision 1(B)and Section 10.56,Subdivision 16(C)(6)to allow the three season porch to encroach 73' into the average lakeshore setback. 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 September 18, 2000, 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 #2609. TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERV CES Page 1 of 5 NOV 20 loon I � 0 ON. CITY of ORONO ,�^�� ~ RESOLUTION OF THE CITY COUNCIL `9to-ES� N0. .� a , 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District,where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of approximately .316 acres or 13,883 s.f. 3. The Orono Planning Commission reviewed this application on September 18,2000 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Hardcover in the 75-250' zone will not change as a result of the addition. It will remain at 24.1%, below the allowed 25%. B. The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed addition. C. Lot coverage on the property will increase to 13%, meeting the standard 15% limitation. D. The residence was built prior to current zoning standards. 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 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 demonstrabl,. 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. 6. 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. Page 2 of 5 . , ,,,-:-..v. - 0.4i. OO ,_-. �: ,�- CITY of ORONO A ', 044, ›„, "Sk. \ it G~ RESOLUTION OF THE CITY COUNCIL \7'. SIYj NO. ' 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 10.25, Subdivision 6(B)to allow a three season porch to be constructed on an existing concrete slab located 6.9' from the side yard lot line where 10' is required and Section 10.22, Subdivision 1(B)and Section 10.56, Subdivision 16(C)(6)to allow the three season rUi.tito encroach 73' into the cvtrage la whore setback. Approval is subject t 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 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 9, 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 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. .' Ado ' d by the City Council of the City of Orono, Minnesota at a regular meeting held on 9t14 1 y Oc.1ober, 2000. A 4t 311 ‘k''';':" ': .', :• fi , C'` Clerk Gabr Jabbour, Ma or i'o,Y,:'x';..% ," ,.e`t"• .." li.;.,., ' h -0,..,,,,,,., ,. Pro, (sJ / Y r_, Page 3 of 5 • 74?,. ON. /O CITY of ORONO ISA L 'lilt C.)A* RESOLUTION OF THE CITY COUNCIL �'9kESKp4ti NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota munici al cor-GI;tion and said instrument was eXccuu:tcd on behalf of the City. �«t"s" HEIDI N.STURMAN i h4:127- J-, `y 't NOTARY PUBLIC-MINNESOTA 1 My Commission_xcires Jan.31,2005 Notary Public STAT'' ESOT*--)-- ) ss. COUNTY OF HENNEPIN ) On this /(p' day of Cx-izhei,- , 2000, before me a Notary Public within and for said County, personally appeared A(n.-, phe,n-, 0..)(i Inc v_ ')1-)hetr►,,rr, kt'- cl known to me to be the person(s)described in and who executed the foregoing instrument,and acknowledged that he h- e. - -• .- . .p .-'r) free act and deed. "`" MIDI N.STURMAN ANOTARY PKJBIJC-MINNESOTA 1 $�J t �i 7• L4�•C.,2�7'�-a-1-'c ) My Commission Expires Jan.31,2005 Notary Public STAT•-tr ) ss. COUNTY OF HENNEPIN ) On this day of , 2000, before me a Notary Public within and for said County, personally appeared 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. Notary Public Page 4 of Exhibit:A , •r xo 3 :il it Et m vi' 8 . 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