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Home My WebLink AboutResolution 4388 � . . � � � O� i O O ��b. - CITY of ORONO � � ti ,� G'� . RESOLUTION OF THE CITY COUNCIL ��kES804�' NO. � e� � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZOlVING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2545 � WHEREAS, Louis Fegers and Marilyn E. Fegers (hereinafter "the applicants") are owners of the properly located at 3590 North Shore Drive within the City of Orono � (hereinafter "City") and legally described as follows: All that part of Lots 8 and 9, Block 2, "Baldur Park," Hennepin County, Minnesota ' lying northwesterly of the northwesterly right-of-way line of County Road 51 (hereinafter "the property"); and • 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 November 15, 1999, 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 yariances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to a11ow 2,515.9 s.f. (38.9%)�of hardcover in the 75-250' setback area where 1,662.4 s.f. (25.7%) exists and 1,613.63 s.f. (25%) is allowed for construction of a two stall attached garage. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, . Minnesota: � FINDINGS 1. This application �vas reviewed as Zoning File #2545. � 2. The property is located in the LR-1C Zoning District, where .5 acres or 21,700 � s.f. is the minimum lot area. The property consists of .32 acres or 13,954.5 s.f. � Page 1 of 6 T � � � O� r � O O �b - CITY of ORONO . � ti � G'� . RESOLUTION OF THE CITY COUNCIL �`�kEsKO4� � No. '� 3 � � . 3. The Planning Commission reviewed this application on November 15, 1999 and recommended approval on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property does not have a garage on it. B. The lot is small for the LR-1C Zoning District. C. This is the only location on the lot the garage can be placed. 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 would not adversely affect tr�c 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. 6. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, coinments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. • Page 2 of 6 / . � O� • O O , - CITY of ORONO � ti � G'� � RESOLUTION OF THE CITY COUNCIL ��kESI�04�' 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 2 and Section 10.56, Subdivision 16 (L) (2) to allow 2,515.9 s.f. (38.9%) of hardcover in the 75-250' setback area where 1,662.4 s.f. (25.7%) e�sts and 1,613.63 s.f. (25%) is allowed for construction of a two stall attached garage. Approval was subject to the following conditions: 1. The applicants shall removed the storage shed on the property within 90 days ' of receiving the building permit or prior to final inspection, whichever is earlier. 2. 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 fizrther Planning Commission and City Council review. • 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 (November 22, 2000). 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 6 . � °� • o 0 , - CITY of ORONO � F '� RESOLUTION OF THE CITY COUNCIL ��9kE p4�'G NO. � 3 �$ R SH Adopted by the Orono City Council on this 22nd day of November 22, 1999. ATTEST: �1 �2 a� �- �-�� Linda S. Vee, City Clerk Gabrie Jabbour, Mayor . �.�.� ` �� ,-�t�t.� �� Property Owner(s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of November, 1999, 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. .. :P�.ir'�°..c�.�•.�.�L�N..C�l.:�c_��'�%=� Ii� . � < ,.�;.-=.�. CF�ROLC A.HP,SEMAN J '' I%.:�;�:'• NOTkRY PUBLIC-MI"+idESOTA • /f' Z Q i;!:�.°.:•.-• a, �t,:�,, HENNEFIN COUNTY Not Public '•2 �:s•° Ny Ccmmission Fxpirss Jzn.31,2000 �Y • Page 4 of 6 , � °� • o 0 �e - CITY of ORONO � � �� ,'� • RESOLUTION OF THE CITY COUNCIL ��kEsH.�4�' NO. � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this �� day of �,n verr��aav� , 199 9 before me a Notary Public within and for said county, personally appeared �i��,�s �Pa P rs n-�a r,^�ed, _ 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 � i �y-*'�� MOTARY PUBLIGMlNNESOTA a ':� �-.��'�' yEHra�Pir;COUNTY ; ' NOTARY PUBLIC ' \.'�,'�.°,;;'� . 1 � _ Il�y C4IiiRiicglr�p��!gS J:!! ,ii,20G0 �+1 ':i..2'.X'�`��.G.�.0 `�'Y��._:u�..:,�st^� � STATE OF MINNESOTA . ) ) ss. COUNTY OF HENNEPIN ) On this �h day of ��ve,ti, �r _, 199 9 before me a Notary Public within •.� and for said county, personally appeared ��; /.� �. F�� :rr�ec�. 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. � CPROLE A.HASEMA.N / � / "j .t�� NOTP,RY FUBUC-MINPdESOTA p�f,,..�� .0(�. ,(3L��.J _ ?) '`��j: HfiNNEFIN COUNTY � -�� • Ny Cnmmissicn Ex�ires Jdll.31,z000 NOTARY PUBLIC. . cf4 •c, «�'�'�'�....::c.�'• . + � Page 5 of 6 , � � ' ` Exhibit A � � � � � � c S,ae�r .r�i.� s�.PL. � �� \ �9�i� \ O=S'rPo..� i»•,.l 'f'6T . � ti UL=uuas.e��,,;� P�AC7�c ��t1 ^ � aK� �' 9 `� ; � � � �C f l � �� f�G G , � r� y �� -�� , � �� . � � 0 l �` ��. ., / t� /� 9 r `� ^ / �� a �`� w �t� ' ,� / � Zba s �\. � `� � 25; `� � i-, c. .a � 'y 6'�Y�sr � � � ' � ios f/�, 4 • ; �, � r � �y /( � ' � / a� O� %�• _�\ 1 � � � � r ,� � � �PD S rv �� '� f�L� , o / �Z ,� ' '2�.�s� � � - �� .�� h f� .� �• `=s� 09 \� _�,' � �5�, � q � �` - • �'1 4 0 ! � '��`� 9'3� ` -. .J r_Q � . ' � �l� � �a AL L 'T�1�9% �i`1.eT' 0 F Lo Ts 8 ,�� 9 , � h � ,�Loctc z � °�3 � �Du� P,�,elC ;' �IE/VNEPiN �P` ., . Covn1TY i77��v�vE I�o�`'/3 L v�,v9 No,erff wEri E,�Ly O� 7�I�F Na2rh Lu�sT�eL�i �i �HTV.= l.0 r��/ � L�ivE c�,� C�u•vT�' £��9r, �vC�. 3-� . � - �. \ � . ,'� � .\ � .\ �\ . � � � _ a5�5 � rE � . - rEC �( i�-��-99 � � 1 here�y certity that this plan, survey.or report was. JQc = S�:HOBORG • Rrepare�by me or undermydirec:sucervisicn and that 1 am �Z�� N D SU RVEY1 N G a duly Registered Land Sur�eyor under the laws of the State BoeK - ��e of 1�linnesota. ) � ��_ � � lNC. ;��!�:� % �`r, � Sc��e � a�cr G`.y. Ad.. t3 S� Oate: •1 �'`�l z3 , /99`I �egistration No. 14?00 ��D s7z32z1 D.+ano.lGtt� �s PaQe 6 nf 6 '