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HomeMy WebLinkAboutResolution 4376 n . � . / � O� • O O �b - CITY of ORONO � � ,� G'�� RESOWTION OF THE CITY COUNCIL ��kESH�4��' NO. � 3 � s � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUSDIVISION 2; AND . SECTION 10.56, SUBDIVISION 16 (L) (2) � � FILE #2532 WHEREAS, Herman Crawford and Marilyn J. Crawford (hereinafter "the applicants") are owners of the property located at 4745 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 1, 2, 3, Block 6, Bergquist and Wicklund's Park, Hennepin County, Minnesota • (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 October 18, 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 variances to Municipal . Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit construction of a 2 stall attached garage located 3' from the rear yard lot line where 30' is required and requiring a hardcover variance in the 75-250' lakeshore setback area of 3,912 s.f. (29.08%), where 3,498 s.f. (26%) exists and 3,363.3 s.f. (25%) is allowed. � � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � • Page 1 of 6 i � O� • O O �, - CITY of ORONO � � � G'ti� . RESOLUTION OF THE CITY COUNCIL ��kESH04�' NO. � e� �` � FINDINGS � 1. This application was reviewed as Zoning File #2532. 2. The property is located in the LR-1B, Zoning District where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of .47 acres or 20,635 s.f. 3. The Planning Commission reviewed this application on October 18, 1999 and " recommended approval on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The proposed attached garage will be within the property lot lines. . 5. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other properly.in this zoning district; that granting the variance would not adversely affect traffic conditions, light, a.ir 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 di�culty; 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 6 i � O� • O O e ' �ITY of ORONO � � �',� G'ti� RESOLUTION OF THE CITY COUNCIL �`9kEsIIOg'� NO. '� e� `�� � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2; and Section 10.24, � Subdivision 5 (B) and Section 10.56, Subdivision 16 (L) (2) to permit construction of a 2 stall attached garage located 3' from the rear yard lot line and to allow 3,912 s.f. (29.08%) hardcover in the 75-250' lakeshore setback area. Approval was subject to 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 tlus variance will expire on that date (November 8, 2000). � 3. 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. 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. • Page 3 of 6 • i 7 O� � O O ��6 - CITY of ORONO � � �',� G'� RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. � � �� � Adopted by the Orono City Council on this 8th day of November, 1999. ATTEST: . G2� j�'l/,�C..� Linda S. Vee, Ci Clerk Gabrie Jabbour, May � � erty O er(s) y � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th 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. �-; �J -� MARY h�l�4 aCHNSON Notary P lic _ t -�. �. ` NOTARY PU3LiC•t:'t�:P:ESOTA ��� My Commission Ex�+�es J�n.31,2005 '.,r,r� n�_ _ _e _,._ . . • Page 4 of 6 i 7 O� � O O �s � CITY of ORONO � � �� G'�F RESOLUTION OF THE CITY COUNCIL L�kESI3�4�' NO. � � ''� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � �,o oa On this v��t day of S e,o�"2 rn,b 2 e___� �before me a Notary Public within I ( ��w�. mqe�'e�Q and for said county, personally appeared�e� Q CRau��o2d 2nd /y1a�e; vn Q � known to me to be the person(s) described in and who executed the foregomg uzstsument, anu � acknowledged that he (they) executed the same as his (their) free act and deed. . . �- G E� � <�'�= MARY A�fN JOHNSON NOTARY LIC '�� �� NOTARY PUBUC•MINNESOTA , �,='��� My C�rt�ission Expires Jan.31,Z005 •I .{si�" � l , .r,.—^_.. i t!. � 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_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 6 ' ' ' ° Exhibit A . � � 3 �' 6 � � � , � -� . � � . _ . - � . � � °� - . . � - �' � i � . � i / ` � ; ------ ---'� � ' � � . / ! � • • . .. ---- - ----._. . .... _ _ �� ..� . . _ . . ' (O.i�.� = ————i� �%�— � �6'd•,l � ... i� /� ' �o . Y � ��' 'yJ � i ¢ : � ,\Qj �i�. �_ ..s��.. . a u� �/ �/ t; f � �y : o �/ �O• // ``�` ' ��' ! �� _ Z / � }�� ���0 J � � � ��� �� .p�Q • . `1 �/ O• �� •� �� � � . U 2 � � �` . � � Q �� •`C / � x��� �3 ��� ' � Q � _� / �C/ ,y ,p^', � / r:u� d' /. .au r � . W 0 F- Z // � � ��r�j� � o�p �I� � � . / / / � � .. � � (y_ Cn Z �/ / p0 .��, b� _' y' � i i. ' � � � / � �,'C i � �2 �� �: � Q � / /� yp ;% '`�'^ : tl� � ; � ���```/ �: . 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