HomeMy WebLinkAboutResolution 4355 0
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�4kESHONO.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B);
SECTION 10.22, SUBDIVISION 2; AND
SECTION 10.56, SUBDIVISION 16 (L)(2)
FILE #2520
WHEREAS, Tom B. Berthiaume (hereinafter "the applicant") is owner of the
property located at 3035 Casco Point Road within the City of Orono (hereinafter "City") and
legally described as follows:
All of Tract A, Registered Land Survey No. 394 except that part lying Northerly of the
following described line: Beginning at the Southeasterly corner of Tract B in said
Registered Land Survey; thence Southwesterly along a line drawn through a point on
the base line as shown on said Registered Land Survey, 80 feet Northwesterly from its
intersection with the Southeasterly line of said Tract A, to the shore of Lake
Minnetonka, and there terminating, files of Registrar of Titles, 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 September 20, 1999, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to permit extension of eaves located on one side
of the house; per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to
allow 6,221 s.f. (57.6%) hardcover in the 75-250' lakeshore setback area where 6,293 s.f.
(58.27%) exists and 2,700 s.f. (25%) is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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kESNO.H�
FINDINGS
1. This application was reviewed as Zoning File 92520.
2. The property is located in the LR-1C, Zoning District where .5 acres or 21,780
s.f. is the minimum lot area. The property consists of .56 acres or 24,130
s.f.
3. The Planning Commission reviewed this application on September 20, 1999 and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The roof line would be extended approximately 2 feet.
B. The sidewalk is currently located under the roof line and creates a
hazardous situation when roof runoff occurs.
C. All landscape plastic will be removed upon completion of the addition.
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 traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; 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 applicant and the effect of the proposed variance on the health, safety
and welfare of the community.
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O O
ti
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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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 10.25, Subdivision 6 (B) to permit
extension of eaves located on one side of house and per Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) (2) to allow 6,221 s.f. (57.6%) 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 applicant attached
to this resolution as Exhibit A. Any amendments to the site plan and/or
hardcover may require further Planning Commission and City Council review.
2. Underlain plastic shall be completely removed from the property.
3. Authorities granted by this variance run with the property not with the applicant,
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 (September 27, 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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
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O O
ON CITY of ORONO
RESOLUTION OF THE CITY COUNCI L
Ike 04 NO. 4355
Adopted by the Orono City Council on this 27th day of September, 1999,
ATTEST:
Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
/ C/•' � \ r�� !�-'�' L `�-C-' ,��7`<'�-G-.-lam/"-'�'
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
September, 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.
CP.ROLE A.HASF.PJfAN �.
NOTfF,yFUELjc_'v,v,Nt OTA
COUNTNotary Public
} F��f'FFtNY �
Page 4 of 6
O 1
O O
ti
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 4355
STA MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this asp day of Ootabc, , 1999_before me'a Notary Public within
and for said county,personally appeared 7�,„ R. BerfhlQv ;Pd
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.
r C ROLE AF ;
' NUi GYFUELI _':,1 ee /1
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this t day of (lot
o6"r , 1999 before me a Notary Public within
and for said county,personally appeared Ch e c l 14. Kne lien r„ei-ater. w 4 r r;a
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.
R0. F AHAS NOTARY PUBLIC
' YEi cr+ra CC,:P;TY t 5
C0M c11 E, .s J,-n.31,Z^CI
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3 T• LEGAL DESCRIPTION OF PREMISES SURVEYED:
►� All of Tract A, Registered Land Survey No. 394 except tnat
-�- N part lying Northerly of the following descrlped line:
Beginning at the Southeasterly corner of Tr49t 8 In said
Registered Land Survey; thence Southwesterly along a line
Ids drawn through a point on the base line as shown on said
Registered Land Survey, 80 feet Northwesterly from Its inter-
section with the Southeasterly line of said Tract A. to the
shore of Lake Minnetonka, and there terminating, files of
' Registrar of Titles. County of Hennepin.
This survey Intends to sh-iw the boundaries of Lhe above
• �ltsil��JC7
RESOLUTION# 4 2 5 t5
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on September 27, 1999 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 5th day of
October , 19 99
L'/1 l�4Lc�✓ i�U C1
Linda S. Vee, City Clerk
(SEAL)