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Home My WebLink AboutResolution 4337 / O O O CITY of. ORONO IN RESOLUTION OF THE CITY COUNCIL ��9kESII04NO. 4337 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1(B) FILE NO. 2509 WHEREAS,Andrew Ronningen and Kristen Ronningen,formerly known as Kristen Forss, husband and wife, (hereinafter "the applicants") are owners of the property located at 3030 Casco Point Road within the City of Orono (hereinafter"the City")and legally described as follows: Lot 3, Block 1, Kelly's 2nd Addition, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 1(B) for an average lakeshore setback variance to allow the construction of a 22' x 24' two-story addition to the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2509. 2. This property is located in the LR-1 C Zoning District where the minimum lot area requirement is 1/2 Acre. The property consists of approximately 30,927 square feet or .71 acres. 3. The Orono Planning Commission reviewed this application on August 16, 1999 and recommended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: A. The neighboring residence to the West was constructed after the applicant's home. Page 1 of 4 i O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL � ° No. 43 37 - sK B. Mature trees are located along both the East and West property lines, extending past the average lakeshore setback line. C. The proposed house addition will not block or interfere with the neighbors' views of the lake. D. The applicants have agreed to remove all the plastic underlay within the landscaping areas, a total of approximately 436 square feet. E. The construction of the house addition will not exceed the allowable hardcover for the 75' - 250' zone once the plastic is removed, and the total hardcover for this zone after the addition will be 5,221.2 sq. ft. (24.6%). 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 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 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 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 10.22, Subdivision 1(B) to permit the construction of a 22' x 24' two-story addition to the home. Approval was subject to the following conditions: Page 2 of 4 % 0 O O CITY of ORONO V1V RESOLUTION OF THE CITY COUNCIL ��9kE S g0 NO. 43 ,37 1. All plastic underlain landscaping must be removed at the time of construction and will be inspected as a part of the building inspection. 2. Authorities granted by this variance run with the property not with the applicants,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 (August 23, 2000). 3. 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. 4. 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 property. Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gab ri 1 Jabbour, Mayor -�— ,r operty Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day-of August, 1999 by Gabriel Jabbour and Linda S. Vee,Mayor and City Clerk of the City of Orono,a Minnesota Page 3 of 4 O O O CITY of ORONO ti �0 RESOLUTION OF43THE3CITY COUNCIL 9kESH0 NO. municipal corporation and said instrument was executed on behalf of the City. cr.R0LEa.F1r�h'hP,�� NGT�,PYFUELIC-ti iENTA - COUNTY Notary Public „ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of �)Qf-,::5� 199 9.before me a Notary- Public within and for said County,personally appeared Ll sff-fj 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 cr^.2,e22r�� • ' C" CAROLE A.HASEMAN k% Notary Public NOTARY PUBLIC MIIvI'EvuTA 11 HENNEPIN CCJPdTY STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of Au'! 199 9,before me a Notary-Public within and for said County, personally appeared r 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.HA.SE`A!r.N < Notary Public Page 4 of 4 MZ z n 0 n M M M M 0 TRANSFER EN , ^l 00 -0. -n 'M r- :< M M C/) M Cl) Nov 10 14q� Mm :E3 In > -0 --J M W.w 4367 RESOLUTION 9 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO 1, 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- August 23, 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 25th day of August 19 99 Linda S. Vee, City Clerk (SEAL)