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Home My WebLink AboutResolution 4580 ' . �O 7 � � O O ��b. - CITY of URONO � ' ti � G'� RESOLUTION OF Y COUNCIL �� kESH�4�' NO. � A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (1) AND SECTION 10.56, SUBDIVISION (C) (� FILE NO. #2625 WHEREAS, Karen E. Nelson and Morgan Nelson (hereinafter "the applicants") are owners of the property located at 3145 Jamestown Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Camelot . EXCEPT that part of said Lot 2 described as follows Commencing at the most easterly corner of said Lot 2; thence South 26 degrees West along the southeasterly line of said Lot 2 a distance of 198.33 feet to the point of beginning of the exception being described; thence South 47 degrees West a distance • of 54.10 feet; thence South 26 degrees West to the shore of Lake Classen; thence southeasterly along said shoreline to the intersection with a line drawn South 26 degrees West from the point of beginning; thence North 26 degrees East along said last described line to the point of beginning. ALSO That part of Lot 3, Block 1, LIBERTY ACRES described as follows: . Beginning at the most easterly corner of Lot 2, Block l, CAMELOT; thence South 26 degrees West along the southeasterly line of said Lot 2 a distance of 198.33 feet; thence North 47 degrees East a distance of 123.90 feet; thence North 14 degrees East . to the North line of said Lot 3; thence westerly along said north line to the point of . . , beginning. (hereinafter "property"); and � � . WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Ciry of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 20, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and " WHEREAS, the applicant has applied to the City for a variance to Municipal • Zoning Code Section 10.56, Subdivision 16 (C) (1) to permit the construction of a swimming pool 123' from the OHWL of Lake Classen where 150' is required to lakes classified as Page 1 of 6 y �, � y / O � � • O O ' �6. - CITY of ORONO � F �,� G'ti RESOLUTION OF THE CITY COUNCIL ��SH�4�� . NO. � 9 � O � � . NE, Natural Environment and to Section 10.�6, Subdivision 16 (C) (3) to permit a 9' encroachment into the average lakeshore setback for structures where no encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDI\"GS 1. This application was reviewed as ZoninQ File #2625. 2. The property is located in the RR-1B One Family Lakeshore Residential , Zoning District. 3. The Orono Planning Conunission revieR-ed this application on November 20, • 2000 and recommended approval on a �-oLe of 6 to 0 for variances based upon � the following fmdings and hardships: A. The proposed pool would be located between the house and gazebo on the lake side of the residence. The residence was located on the property prior to the 150' setbac� requirement for Lake Classen. B. The pool would be located above the hill and would be well above the flood plain or areas affected by the OHWL of Lake Classen. C. Placing the pool behind the principal residence would not function well as it would be located in the front of the house towards the street. . . . Typically, pools would be located behind the house in a back yard. Also, the street yard is the site of the septic system and alternate site, leaving no other reasonable locarion for the pool. D. The gazebo and dense veQetation would screen the pool from view to adjacent residences. 4. The City Council finds that the conditions existing on this property� peculiar to it and do not apply generally to other properry in thi� • district; that granting the variances would not adversely a�� Page 2 of 6 �` r . / O � � • � O O �. ��b - CITY of URONO � F �� G'� RESOLUTION OF THE CITY COUNCIL ��SI�p4� � � � NO. �: � � 0 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 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 variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (1) to permit the construction of a swimming pool 123' from the OHWL of Lake Classen where 150' is required to lakes classified as NE, Natural Environment and to Section 10.56, Subdivision 16 (C) (3) to permit a 9', encroachment into the average lakeshore setback for structures where no encroachment is allowed subject to the following conditions: 1. Applicants shall remove hardcover as depicted on the approved site plan attached hereto as Exhibit A. Final hardcover shall not exceed 25% of the land area within the 75-250' setback. 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 this � variance will expire on that date (December 11, 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. � . . Page 3 of 6 � //�� • • /� O� s o o -- ��b. - C ITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`9 4�'� . NO. � � kESH� 4. The undersigned applicants have read, understand 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 of Orono, Minnesota at a regular meeting held on the llth day of December, 2000. ATTEST: ��.�-R-� �o{ Li�da-�-��-,—Gi.��Clerk � Gabn 1 Jabbour, Mayo l��cFr�� pa�x-� c , f2Pj�u�-ycin��. .� \� � . . `x�ti� �� ` � • Property Owner (s) A � STATE OF MINNESOTA ) ' . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ackno�vledged before me on this llth day of December, 2000 by Gabriel Jabbour and Linda S. Vee, NIaSTor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . , � !>r% G�� . MARYANN JOHNSON Notary - lic � ' *:'� NOTARY PUBLIC. :":� �'�Y�aru►dsslon Exptrns J n.31,072ap5 • Page 4 of 6 . r- . r� . • / O � � • O O ' ��b. - C ITY of ORONO � � �,� �'� RESOLUTION OF THE CITY COUNCIL ��sKO�`'� � . NO. 4 � .� 0 STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � On this �� day of /p��G!-} , 20 �/ before me a Notary Public within and for said county, personally appeared �qQPu � �/e/s �N dn�" l�I�Q�l4 N�C'�5ai1l. VYj��PQ"P�cnown to me to be the person(s) described in and who executed th foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. � R'�`` � MARY ANN JOHNSON • ':�;� " NOTARYPUBLfC-MINNESOTA r ,�,A, , ;,"``'°�'` My Camr�ssion Expires Jan.31,2005 "�"""" �' Notary STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this day of , 20 before me a Notary Public within and for said counry, 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 . � Page 5 of 6 � � � a a . � � ' r . � EXHIBIT A _ Q z . 3 � o • . � N O ''' . � � _ � � � � 4 � � � o Q � Y • O �y r�� . ' ��8°90•28• c� _ ��+`O� . � . . i� 96R°Sp,pp�� s'�� . ; ~�� . . 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