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HomeMy WebLinkAboutResolution 4375 i O 7 � � O O . �b - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kEsH�4�' NO. � °� '� � A RESOLUTION GRANTING RENEWAL VARIANCES TO • MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); � � SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) (1&2) FILE NO. 2529 WI�REAS, Brent Bentrott and Kathryn Bentrott(hereinafter the "applicants") are the owners of the property located at 1453 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 9, Block 15, "Saga Hill Revised, Hennepin County, Minnesota," also that part of vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised, Hennepin County, Minnesota" which lies between the Northwesterly extensions across it of the Northeasterly line of Lot 9, Block 15, "Saga Hill Revised, • Hennepin Counry, Minnesota" and the straight portion of the Southwesterly line of said Lot 9, (hereinafter the "property"); and WI-�REAS, the applicants have applied to the City of Orono for renewal variances to Municipal Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (L) (1&2) to allow an existing deck to be remodeled into a three- season porch to be located 3' from the property line where 35' is required; to allow the existing street side entrance and deck to be modified where said deck and entrance are located within 35' of the required side yard adjacent to street (Bluff Street); to allow 9 sq. ft. (.24%) hardcover in the 0-75' setback where 370 sq. ft. (9.97%) is existing and none is allowed; to allow 3,404 sq. ft. (34.18%) hardcover in the 75-250' setback where 2,303 sq. ft. (23.12%) is existing and 2,490 sq. ft. (25%) is allowed per Resolution No. 4213 approved December 14, 1998. NOW, THEREFORE, BE IT RESOLVED by the. City Council of Orono; Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2529. � Page 1 of 4 i � O� . • O O �b - C ITY of ORONO � � �',� G'�� RESOLUTION OF THE CiTY COUNCIL �9kES�I�4�' NO. � :,� w�' �, -�. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application for variance renewal on October 18, 1999 and recommended approval of the proposed variances based on the findings noted below: A. The applicants have been issued a building permit for the garage and the land alteration permit to pernut the grading for the driveway; however, the additions for the house will not begin until next year. B. The variances to permit the three season porch, deck and entrance will expire on December 14, 1999 without a variance renewal application. C. The applicants have not proposed to change the site plan as approved with • � Resolution No. 4213. 4. The City Council fmds that the facts and conditions applying to this application are peculiar to this zoning lot and do not generally apply to other property in the LR- � 1B Zoning District; that granting the variances would not adversely affect light, air nor pose a hazard to neighboring properties; and would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or diff'iculty. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; Section 10.56, Subdivision 16 (L) (1&2), subject to the following conditions: � 1. Applicants to adhere to the plans approved by the City Council per survey by Mark S. Gronberg dated July 3, 1998, most revised December 4, 1998 on file with the - City of Orono. • Page 2 of 4 i� �.� 0,�. • � � � �b - CITY of ORONO � � � �'�F . RESOLUTION OF THE CITY COUNCIL ��kESfI�4�' NO. � ee �' � �,,,_ 2. Applicants shall be advised any amendments to the approved site plan may require additional Planning Commission and City Council review. 3. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building pernut within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (November 8, 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 ' ternzinate 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 properry. • Adopted by ttie Orono City Council on this 8th day of November, 1999. ATTEST: �� � � � Linda S. Vee, City Clerk Gabr 17abbour, Mayo � � _ . � Property Owner(s) • Page 3 of 4 ( �. , _ . ,. � � . � O� • O O . •e. - CITY of ORONO � � �'',� G'�F . RESOLUTION OF THE CITY COUNCIL �9kESII�4� NO. � � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of November, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. ,,.. _ _,�,;�;: CAROLE A.HASEMAN "' NOTARY PUBLVC-MtHNESOTA ^ Aily Carmbsiai ExpY�Jm.31.2005 � 4 � Notary Public STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) o2A�o On this �� day of �— �j���� r.� , � , before me a Notary Public within and for said County, personally appeared R��-{ Ro��'�{��r �`�fhr�rn��f'j/����,o�ww��; 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 ��Q�� ��A��,�� NOTARY PUBLIC-MINHESOTA � �,y comr�s;on�s,ian,st,200, Notary Public 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 t acknowledged that he (they) executed the same as his (their) free act and deed. � Notary Public Page 4 of 4