HomeMy WebLinkAboutResolution 4304 .� __ �
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�, - C ITY of ORONO
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,� G'ti� . . � RESOWTION .OF THE CITY COUNCIL .
� .. ��kESKO4� . . � � ' ` � . No.� .� � o � . � . � �
A RESOLUTION GRANTING VARIANCES TO
MU1vICIPAL ZONING CODE .
SECTION 10.22, SITBDIVISION 2 ANI2
SECTION 10.56, SUBDIVISION 16 (L)(2)
FILE #2169
WHEREAS, Michael Renard (hereinafter "the applicant") is owner of the
property located at 1185 Tonkawa Road within the City of Orono (hereinafter "City") and
legally described as follows: �
Tract B, Registered Land Survey No. 853, 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 May 17, 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow
6,144 s.f. (26.7%) haxdcover in the 75-250' lakeshore setback area where 6,147 s.f. (26.7%)
exists and 5,743 s.f. (25%) is allowed to permit construction of a 12'x21' accessory building
to replace an existing 12'x14' shed on the property.
. NOW, T�EREFORE, BE IT RESOLVED by the City Council of Orono, �
Minnesota:
� FINDINGS
� 1. This application was reviewed as Zoning File #2169. � � �
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 .75 acres or 32,648
s.f.
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�, - CITY of ORONO
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. �,� G'tiF . . RESOLUTION OF THE CITY COUNCIL
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3. The Planning Commission reviewed this application on May 17, 1999 and
recommended denial on a vote of 4 to 0.
4. The Planning Commission made the following findings of fact: .
A. No hardship had been demonstrated.
B. Hardcover amount of 26.7% exceeds allowed amount of 25% in 75-250'
lakeshore setback. �
� C. A larger shed would increase the amount of structural haxdcover on the
lot.
. �. 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 diffculty; 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.
CONCLUSIONS, ORDER AND CONDITIONS .
. � Based upon one or more of the above findings, �he Orono City Council hereby .
grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L)(2) to permit 6,060 s.f. (26.3%) hardcover in the 75-250' lakeshore setback
where 6,147 s.f. (26.7%) exists and 5,743 s.f. (25%) is allowed to allow the removal of the
existing shed and to replace the shed with a 12'x14' structure. Approval was subject to the
following conditions: ' �
1. The applicant shall remove the concrete sidewalk adjacent to the existing shed
within 90 days of receiving a building permit.
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��, - CITY of ORONO
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,� G'�� RESOLUTION OF THE CITY COUNCIL
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2. 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 (7une 14, 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 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.
Adopted by the Orono City Council on this 14th day, of June, 1999.
� ATTEST: . . ' .
. � N � ��
Linda S. Vee, �City Clerk Gab 1 7abbour, Mayor
r
P o erty Owner s)
STATE OF NIINNESOTA )
. � ) ss. .
� � . COUNTY OF HENNEPIN ) . � .
The foregoing instrument was acknowledged before me on this 14th day of 7une,
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.
� ��� CAROLE A.HASEMAN �
,!�,��;� NOTkRY PUBLIC-MINNESOTA
•, ���A,,i HENNEPINCOUNTY
� `;.:=�'� PAy Cammission Er.Rires Jan.31,z000 ��� Notary Public
• -,.-„,--.�. �-��
<'�.se:r:�c.��E..c-.er�c-"'-..e+-.�,e'�--.r�.�-
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�b � CITY of ORONO
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. . ,� G'ti� . . RESOLUTION OF THE CITY COUNCIL
��kESH.�4�' . . � � � . . � . NO,. t� � � � :. .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
. On this �(�t}�day of J u n� , 199 9 before me a I�Totary Public within and
for said county, personally appeared �i`�h q e/,Pe n 4 R�a n� .�@�o,e Q/� Re�q z� rr�a.�e�C�'��Q
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.
. .�., ��"/ G�7zit/ .
� . " L '�°' MARY ANN JOHNSON
o:o�'�' NOTARY PUBLIC-MINNESOTA NOTARY LIC
�,��.•° My Commissian Expires Jan.31,2000 d
.�T
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. .
n,., r.. '1.�Ri`,:
NOTARY PUBLIC
�
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