HomeMy WebLinkAboutResolution 4198 :1 �
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�� �'� �RESOLUTION OF THE CITY COUNCIL t�
L�kEsH�4� NO. � � � � �Pi_\ `�, ��
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A RESOLUTION GRANTING A VARIANCE `�� Q.�S
TO MUNICIPAL ZONING CODE ��
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SECTION 10.24, SUBDIVISION 5 (B) �.
� FILE NO. #2395 �
WHEREAS, Brent A. and Kathryn S. Bentrott (hereinafter "the applicants") are
the owners of the properry located at 1453 Pazk Drive within the City of Orono (hereinafter �
"the City") and legally described as follows: �
�� �C''
Lot 9, Block 15, "Saga Hill Revised, Hennepin County, MN", also that part of Q' �� �`
vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised, �. Q `
Hennepin County, Minnesota" which lies between the Northwesterly extensions V {
across it of the Northeasterly line of Lot 9, Block 15, "Saga Hill Revised, d
Hennepin County, Minnesota." and the straight portion of the Southwesterly line
of said Lot 9 (hereinafter "the property"); and
• WHEREAS, after due published and mailed notice in accordance with Minnesota
Sta.tutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on July 20, August 17, October 19, and November 16, 1998, at which
times all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and . '
WI�REAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.24, Subdivision 5 (B) to permit the existing deck on the west side of
the residence to be remodeled into a three season porch and to allow changes to the southwest
corner of the residence and entry where a 35' setback from Bluff Street (a platted, unopened
street) is required and 3' is proposed.
NOW, THEREFORE, BE IT RESOLVED by the CiTy Council of Orono,
Minnesota:
: � FINDINGS . . . .
1. This application was reviewed as Zoning File #2395.
2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560
sq. ft. is the minimum lot area. The property consists of .39 acre or 17,150 sq.
. ft. •
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3. The Orono Planning Commission reviewed this application on November 16,
� 1998 and recommended approval by a vote of 6 to 1.
4. The Planning Commission made the following findings of fact:
A. The existing lot does not meet the minimum lot area or lot width
requirements. ,
B. The proposed improvements, changing the deck to a three season porch,
will not increase hardcover as the applicant has agreed to remove
� hardcover in the 0-75'.
C. Bluff Street is a platted, unopened street where 35' is the required
setback. 'The proposed improvements will be located 3' from the properry
line.
• 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 variances would not adversely affect tr�c 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.
6. 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 variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the deck
to be remodeled into a three season porch and to allow changes to the southwest corner and
� entry as shown in Exhibit A.
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�L ��'� RESOLUTION OF�THi C�IT�Y COUNCIL .
: `qkESHp4Z . _ � . NO. � . � �
1. The applicant shall remove all hardcover in the 0-75' and at the southeast corner
� of the residence as shown in Exhibit A.
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 (November 23, 1999).
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 of Orono, Minnesota at a regular
meeting held on the 23rd day of November, 1998.
ATTEST:
Linda S. Vee, City Clerk Gab 1 Jabbour, Ma r
i�� i �� .� ���j
Property Owner (s)
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, � G'� : . RESOLUTION OF THE CITY COUNCIL. . .
�L9kESH04��' � . . : � NO. : � �. �• � � . . . � �
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
November, 1998 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. CAROLE A HASEMAN �
` NOTARY PUBLIC-MINNESOTA
'o`;.+i�o: HENNEPWCOUNTY
My Commission Expires Jan.31,2000 �� �/ J
' t i �i�0�2./�
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
� On this�,Ldday of �PfJP/�d�r- , 1998 before me a Notary Public within
and for said county, personally appeared �r,.��l��,frn•1fd. �"�hr�rn S,�g„F►��� l�u� z'��:��,
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.HASEMAN
` NOTARY PUBLIC-MINNESOTA
. •� ',,•4�k�:�;: HENNEPW COUNTY /
� My Commission Expires Jan.31,2000 �/f� , ��il v�s�/
``�"�`� `�""�-"� NOTARY PUBLIC
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.
• . • NOTARY PUBLIC
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