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Home My WebLink AboutResolution 4332 ' / /i O� � � ' �O O ��t - CITY of ORONO �, �� G'� RESOLUTION OF THE CITY COUNCIL I ��kESH�� N0. � e� �'.� �; '� ��_ � i A�2ESOLUTI01�1 G�ANTIN� A VARI�,�TCE I '�O M�JNIC��'�L ZON�NG CODE SECTION 10.56, SUBDIVISI�N 16 (C)(6) AND DENYING VAI2IANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBI3IVISION 15 (D), SE�Ti�i`1 10.22, SIJBI�I�'��'�(�N 1 (Ii), AN�A S��CT;�i�i�i �i3.��i, �Uis�I�J�SIt3��1 i6 ti} (�),(S�, �i'�I� �ii �'ILE NO. 25�4 WI�EP.IEAS, Warren Garr�tt and Tana Garrett (hereinafter "tne applicants") are owners of the property located at 650 Brown Road North within the City of Orono (hereinafter "the City") and legally described as follows: ?`l- /l�e' - Z :� ..,� Z - ,�:r-r, `,�' Thai part of Government Lot 1, Section 34,Township 118, Range 23 lying South of a line drawn East at right angles to the West line of said Government Lot 1 from a I point thereon distant 1170.7 feet south along said West line from the Northwest corner of said Government Lot l. Except that part lying Easterly of the Northeasterly extension of the Northwesterly line of Block 8, Town of Long Lake, according to the United States Government Survey thereof, Hennepin County, Minnesota. (hereinafter "the property"); and WHE��iS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.56, Subd. 16(C)(6) for an average lakeshore setback variance to allow the canstruction of a 12'x 20' addition te the home, an addi�ion to the existi�n.g deck, and ar. inground swimm.irig pooi surz•ounded by a d�c�. The a�plicants'r��ve also applieci for variane:es t�� ;vlunicipa� Zoning Code Sections 10.03, Subd. 15(D), Sectior� 1�1.22, Subd. 1(B), and Section 10.56, Subd. 16(�)(1), (5), and (6) to construct a 5' high 3-rail, split-rail fence along the South property line approximately 800', from the driveway to the lakeshore. Page 1 of 5 i i � � � , � . -o � � - o 0 �, CITY of ORONO � F '� RESOLUTION OF THE CITY COUNCIL ��'9IfE p4��'G NO. 4 3 � 2 SH NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS . 1. This application was reviewed as Zoning File#2504. 2. This property is located in the LR-lA Zoning District where the minimum lot area requirement is 2 Acres. The property consists of approximately 3.9 acres. 3. During the Public Hearing,the applicants verbally withdrew the request for variances to construct a fence. 4. The Orono Planning Commission reviewed this application on July 19, 1999 and recommended approval by a vote of 7-0 on the proposed variance based upon the following findings of fact: A. The neighboring residences were constructed after the applicant's home. B. The applicants' home is located approximately 400' from the lakeshore of Long Lake. C. Mature stands of trees are located along both the North and South property lines, e�ending well past the average lakeshore setback line. D. The proposed house addition, deck addition, and inground pool will not block or imerfere cvith the nei�hbors'views of the l�lce. E. The construction o�the house addition, deck addition, and inground pool will not exceed the allowable hardcover for the 250'-500' zone, and the total hardcover for this zone after the additions will be 21.9%. 5. The Orono Planning Commission reviewed this application on July 19, 1999 and recommended denial by a vote of 7-0 on the proposed variances to construct a fence, based upon the following findings of fact: Page 2 of 5 i-- �� o 0 ��, CITY of ORONO a � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH04'� NO. 4 3 � `� � A The applicant's withdrew the request for variances to construct a fence. 6. 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 con�-enience to th� applicants, but is necessary*o allc:�iate a�'emo�strable rardship 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. 7. 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. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore yard variance per Municipal Zoning Code Section 10.56, Subdivision 16(C)(6) to permit the construction of a 12' x 20' addition to the home, a 400 sq. ft. addition to the existing deck, and the construction of a 28'x 56'inground pool surrounded by a deck, and denying variances to construct a fence. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application foi a building permit within one year af t'r.e date af Cour.c:l approva�, or this v�riar�ce �tri!1 ��pire on tl��at date (August 9, 2000). 2. 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 and authority granted herein, and sha11 be punishable as a misdemeanor. 3. 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 agee to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 . �,;_O__\ � � • �O O ��b. - CITY of ORONO ,� � � � �� G'� / RESOLUTION OF THE CITY COUNCIL i t�kESH�4'� NO. � � �,: i � �� Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 9th day of August, 1399. �;;`r „ �:�'�'.��T: };-� ,.• 5�,�, '� � �P i+�•�j /t� � ,1� ,. ` i� �,��. . ��, �,.,��b-� Y�� . y-. :,�,inda S: V�e;��Clerk a'nr' . bbour, yor �'�_.` .�. , � Y.� � � � ; ',.t��. �� .�✓ � �..�-�---- �� Property Owner(s �' �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of August, i 1999 by Gabriel Jabbour and Linda S. Vee,Mayar and City Clerk of the City of Orono, a Minnesota ; municipal corporation and said instrument was executed on behalf of the City. 'jc.,4� ,—.., y.. '; ';�. ' �1 � _ .�c..:<.-c..=..:..,:..� ..i ,�...... -....�_.�- r � � � �� r �� MARY ANN JOf-f�SC�J �� v�2C1 �� ``n—� � l�� My CommR;on8�a�r s�JanE�,zo�o y No tary Pu b l i� c=' i �,.�-��-'-�,..,.....,.-_ I i STATE OF MINNES�O'TA ) i ) ss. ' COUNTY OF HENNEPIN ) On this /?�J� day of =f �t �'�5 / , 199`!, before me a Notary Public within and for said County, personally appeared L�'�a�/�� r� (-� c� ��" � � «<;�� <<�� °:��r f�t j ��%�°h�'�•;��`� 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. � ��t-`. �'�`r�� ;��`�J'�1� ��` w � � ' ��"`" µ Notary Publi�` i � I ° we. ' '°� • MARY ANN JOHNSC`d � �T a�� NOTARY PUBLIC-MI��^!ESlJTA ` a� .,��.° My Commission Expires Jan.31,20^0 � Page 4 of 5 �—v-.,,,..r,� , .... ,. . .,. -,....,.,..�_� � i i .. � � .. � . ` � j O � � � O O , C ITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��`qJt' p4��G NO. 4 e� � �' Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_, before me a Notary Public w-ithin acid for said County, gersona�ly uppeared 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 5 � `' A. . . ! ~ ,� ' � � � . �N - ��. i � � . � ��,',e, ' �� .. Y. 'i�t L�..��1� ��'��1�1 t ��I ii � .: � ` `, �� . � .�.. . . ��' -��r'� �1'1(�fl _ f A . �r � r .;4�� 3�� i... J' ��. � ��.8 �3 SFI' 17 P;�� 12� 54 �,� �� r�;,....,.��,� _, '�183314 _ .. .�.y� '" -- co.R�c. , „ _ .,:.� .� � - �� ,.� r.. : , �_� , �� . ,� . I�i��jJ�� J�f.r� _ � � � l� -� '�„`?'r cww RESOLUTION# 4 3 3 2 STATE OF ivliiv'NE�G�� j ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) �ax �`�/ � I, Carole A. Haseman, Deputy 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 Au�ust 9. 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 12th day of August , 19 99 . ��;d� • .:... 4��.�� i�U''I� Fs�'..� ` {�' � `i��' Caro e A. Haseman De ut Cit Clerk ��. " ;,�';.k ' • ..� � P Y Y � � . ...�' • ��r�. . .. '�: � � �`i� ti` i� , i E 1}'r `�� -.� . � �.n ,:o:.` . � ��, � �(SEAL)�� r ' � ` ��,;