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HomeMy WebLinkAboutResolution 4367 . .. � �- � ' . + � O� • O O , CITY of ORONO � � �',� G'�� RESOLUTION OF THE CITY COUNCIL �9kESI��4ti�' NO. � � � � A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MITNICIPAL ZO1vING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2531 WHEREAS, Roger Olsen and Elizabeth Olsen (hereinafter "the applicants") are owners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: . Lot 2, Block 2, Partenwood (hereinafter "the property"); and Wi�REAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75' is required and requiring a • hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed as shown on Exhibit A. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2531. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3. The Orono Planning Commission reviewed this renewal application on October 18, 1999 and recommended approval of the proposed variances based upon the following findings: 1. The proposed additions would not further encroach on the OHWL. • Page 1 of 5 r' � 1 � . � O� • O O �b - CITY of ORONO � � �� G'� . RESOLUTION OF THE CITY COUNCIL ��k'ESfI�4��' NO. � � � `� 2. The configuration of the lot severely restricts the allowable building pad. 3. The amount of hardcover in the 0' to 75' lakeshore setback would be reduced from 20% to 15.3%. 4. 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 variances would not adversely affect traffic 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 � recominendations 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 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34' from the OHWL where 75' is required and hardcover of 4,415 s.f. (15.3%) in the 0' to 75' lakeshore setback where 5,815 s.f. (20%) is existing and none is allowed. l. All plastic under landscaping must be removed in the 0' to 75' lakeshore setback prior to any new construction. 2. No further variances will be granted to this property in the future. � 3. Authorities granted by this variance run with the property not with the applicants, but aze 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 (October 25, 2000). � � Page 2 of 5 . � �_ . � O� � O O , - CITY of ORONO � ti � G'� . RESOLUTION OF THE CITY COUNCIL ��kESfI�4L� � NO. ►� e`� � '� 4. 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. 5. The undersigned applicants have read, understood and hereby a�ree 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. 6. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of October, 1999. � ATTEST: � . � ��/��_ Linda S. Vee, City Clerk Gabrie abbour, Mayor �� L�,� Properry wner (s) - STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day �of October, 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 City. . ���� ���N A Notary Public • �!'��on ExpireeJan.31,2005 Page 3 of 5 . / • 7 O� � O O �b - CITY of ORONO . � '" � � � , ,� G'�� . � RESOLUTION OF THE CITY COUNCIL � ��kESH�4�' NO. � ,� e'� � ``g� STATE OF MINNESOTA ) ) ss. . - COUNTY OF HENNEPIN ) On this Ila�' day of 1�}�q�5fi ,��before me a Notary Public within and for said counry, personally appeared �DI ' OIS hc�5 '�'�w��� known to me to be the person(s) descri ed in and who executed the foregoing instrument,and � acknowledged that he (they) executed the same as his (their) free act and deed. � � fiE1Dl I�.S7URMAN � , NGrI'MY PU6 LIC-IIN�E80TA M��+�,��.3t,2�s NOTARY P LIC - � STATE OF MINNESOTA ) - � ) ss. COUNTY OF HENNEPIN ) On this day of , 199_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 foregoina instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • Page 4 of 5 _ Exhibit A �-- -. ' � �� �_ _-_----- r -- - D , �� � D �b � � _CI._ Y of ��JRONO .y°' '� " -- -- —. i .�o � • . �� �, � • RESOLU ON OF TF� CITY COUNCIL � ��q�. N � �� � � � � � ' � . . \�`1� �� � � ` ` r.t~ � ..� � • !�\. � � ' �,r_''��� . i ' . � . . � \� ` ��� '�. `}/ • , � � :.� Y'': ��/ �� - \` ` �. � � i� '% � . ♦ � . �`, � %:'��/� . . � • ��r/ � . . . • �: ,/�/ , . . .� � . , , . . : � `. :;�: . 1�` . 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