The URL can be used to link to this page

Home My WebLink AboutResolution 4421 <• ' � O� • • O O ��b - CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`q�i' 04�'�'G � NO. ' � � � � ... ES�I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND • SECTION 10.56, SUBDIVISIONS 16 (C) (6) FILE #2552 WHEREAS, Steven M. Sigel and Sheila E. Sigel (hereinafter "the applicants") are owners of the property located at 1399 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: � - See Exhibit A � . 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 January 19, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivisions 16 (C) (6) to permit the conversion of part of a second and third level lakeside decks into a three season porch and a master bedroom addition which encroaches 78' into the average lakeshore setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning Fil� #2552. 2. The properry is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of total area of 22,010 s.f. or .51 acres. . • Page 1 of 7 • .�- � O� . • O O ��d. - C ITY of ORONO � F '� RESOLUTION OF THE CITY COUNCIL ��`�.kE I3p4�'G NO. �_� � S 3. The Planning Commission reviewed this application on January 19, 2000 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The residence was rebuilt in 1988 in its approximate original location which was already located closer to the lakeshore than the adjacent properties. � B. The proposal will not result in increases of structural or nonstructural hardcover in the 75-250' setback zone above that were approved in 1997 ' per Resolution #2463. C. The lot is small and narrow for the LR-1B zoning district. • 5. The City Council finds that no existing views of the lake enjoyed by neighboring property owners will be impacted by the proposed improvements. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properry in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazazd 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. 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. � Page 2 of 7 . �_- � O� • O O ��b. - CITY of ORONO � ti �� G'�' RESOLUTION O� T�HE,�TY COUNCIL � � �kESK�4� NO. 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 10.22, Subdivision 1 (B) and Section 10.56, Subdivisions 16 (C) (6) to permit conversion of second and third level lakeside decks into a three season porch and master bedroom addition which encroaches 78' into the average lakeshore setback. . 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit B. Any amendments to the side plan may require further Planning Commission and City Council review. . 2. ' Applicants are advised that the proposed enclosure of existing decks and resultant loss of open deck area will not be considered as a justification for any future variance request to add new decks. • 3. 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 (February 14, 2001). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. , _ 5. 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. � � Page 3 of 7 . . r . �� • o � ��b. - CITY of ORONO � ti � G'ti . RESOLUTION OF THE CITY COUNCIL . ��kESH�� NO. � � � �. Adopted by the Orono City Council on this 14th day of February, 2000. � . � ATTEST: � ., _ ' � � � Linda S. Vee, City Clerk Gabrie Jabbour, Mayo � .� � �� , Pr e� Owner(s) � , � STATE OF MINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation-and said instrument was executed on behalf of the City. CAROLEE A.HASEMAN /�'/'i��/./•^ �...�� -�� Notary Public My Cammissior►Expkes,�n.st.200s • Page 4 of 7 � °� � - � � . s � � . ��6. - CITY of ORONO � � . ti . �� G'ti RESOLUTION OF THE CITY COUNCIL � �9kESH�4�' . NO. �� ► STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this d�'� day of �'e_h rv�.-�� ,2000 before me allotary Public within and for said county, personally appeared�ev�� l S��P(anol Sl,e��a,� 5iap 1 �i„�,h�w,l r,.��P, 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. � CAROLE A.HASEMAN ��x�1lv�' ,��,�n.,�J I�OTARY PUBI.IC-�SOTA . Ii,yCan�aa�onExptr�e�lw+.3t,20os Notary Public • STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this day of . ,200_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 5 of 7 . • ' � Exhibit A . � � � �' � " , • _ ..�� o--� JOB N0. 97R- 243 s : LEGAL DESCRIPTION Lot 16, Block 6, Saga Hill Revised, Hennepin Co., Minn., according to the plat thereof on file or of record in the office � of the Register of Deeds in and for said County. Those portions of vacated Park Drive (formerly Lafayette � � Avenue), vacated Oak Place, vacated Forest Avenue and . . � vacated Forest Boulevard, all as dedicated in the plat of "Saga Hill Revised, Hennepin Co., Minn.". described as follows: � � Beginning at the most Easterly comer of Lot� 16, Block 6, in � said plat; thence South 22 degrees 43 minutes 16 seconds � Eost, assuming the IJortheasterly line of said Lot 16 bears South 43 degrees 44 minutes 05 seconds East, a distonce of 42.43 feet to a point hereinafter referred to as "Point A"; thence Southwesterly along a non—tangential curve concave to the South hoving o radius of 245 feet� the radial line passing � through said "Point A" bears North 08 degrees 04 minutes 36 . seconds West, to the intersection with the Southeasterly line of vacated Forest Avenue; thence Southwesterly along said Southeasterly line to .the intersection with the Southeasterly extension of the ceriter line of soid vacated Forest Avenue; thence Northwesterly along said Southeasterly extension, along said center line ond along the Northwesterly extension of said center line to the shore line of Forest Lake; thence Northeasterly along said shore line to the Northwesterly extension of said Northeasterly line of Lot 16; thence . Southeasterly along said Northwesterly extension of said Northeasterty line to the most Northerly corner of said Lot 16; � thence Southwesterly, Southeasterly and Northeasterly along fhe Northwesterly, Southwesterly and Southeasterly lines of said Lot 16 to the point of beginning. � � � . Page 6 of 7 � + ` . � � � �� • « Exhibit B " a " a 3 = 8 fi = � 4 p D Q 4 � 9, � Q q F £ � � � � � x � m - � � � '� � � � � a � � y � D �� :F � � � � 's � a� � a� q �i � . g■ fr ^of � � Y D �� ' � � � � . � . �' V � � � � ' . . . . � � , C � �O . � Y '�I+ � � '� �I+ � y � Y • � Z •• � �'i �s . � � ` i • �+ ?�yS`9�F v • � '� ��. �� t � ` , \ � ///r=a �>�� b . \/ -a' \��+ •�i r/� 1f� \ • ,� `$4 �1 �Ar <<.�%� a'' �__ �3 •�? �� - ,\ . e�, �y . � 8� �y� y�' � � � � \ � 4 \\• �i+ �t` �� 0' ' . Y . . ' �� L � \ � �� _ � J . . ' _ �t O K� – �cr�Fr . . � - m �y = �� y `�L- �L '� z � ��• �,. r-. - O� . . , �,� �.- a� � 3 , /� — — P�� ' � �� • ' _— � ' C� � . a . d , � /' _ ?� �'+y,�, . s ��=j;,�: �,'� . � � ' .yo��'� �� 4'� c � V:Z,�4%l}'�� ' —°� � p �1 \ �O \' � � � a �� — z �'��r' ,�� `, . �J �� y .o� `• � �%4 • 44 F��, -9�'F .:� �J » � '�� . . � <<� � . $;» a^�^�. � � ��'° � � : . mm�b � ��v a � �N N oC=b� �1�J •• • N . : � .- �w m= a ^� tn �+ €�3��;{1t�=��F�»ar}��=�It'� \ _ �t�i c7$ ZrTI rAi '� rAi : �'' tjj E 7 1�"�•�v r `_�:' �= c�v 9 � � � i:*�� =3 i� ��. s-�=�=a � �� _ � a;� ZC ,.'z, � � � i,�j}€��r�Ij�r#��:;i��::=sI' � � � rltt- �ia mZ o Q„ c r�:j{ }�.� z I;� I Yl��': o x =r �I �� o m cn � ��pr� €. �2 .. �:��- � : • ,�� ! � ob � �` _ • c� $ s ��fs��j��;�'j"i��l:,t� � N�� Z 1i i s-. { a 3 3 ��'� a��i G�Dr N � !�€�t;;��Fl�z��}� ':i9ls� v �� ' � �t! SN NZ w � �'�':� �t +�Q�"�'x�;�;�:i=� � N �� s 1.3 CZ o Fy t=ys_� � t }�i�_�=.•,�i�� m �Z � i€��.r�"��Ii ; �2 �7s�r��i� 2 � J `��t: �,�!3=i�i�i�i1;��,'�j�' :� ° �� z �5��.��iA �t:}i��s I�'��# �; � � t�s ��f�:II;2��- � ., �j:� �� A N a 4 Pa�e 7 of 7 �