HomeMy WebLinkAboutResolution 4179 •
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CITY of ORONO
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top 0 RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B);
SECTION 10.56, SUBDIVISION 16 (C) (6);
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE #2418
WHEREAS, Graydon Newman and Michelle Newman (hereinafter "the
applicants") are owners of the property located at 1655 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Auditor's Subdivision No. 349, 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 21, 1998, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to
allow the construction of an addition encroaching 88' into the average lakeshore setback and
a pool to encroach 44' into the average lakeshore setback where no encroachment is normally
allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow
11,605 s.f. (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 s.f. (25%)
is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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FINDINGS
1. This application was reviewed as Zoning File #2418.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District.
3. The Planning Commission reviewed this application on September 21, 1998, and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The lot meets size and yard setback requirements.
B. The zoning lot is located on a peninsula and is irregular in shape.
C. Variances were previously granted for hardcover and average lakeshore
setback.
5. The City Council denied the applicant's request on September 28, 1998, but due
to not receiving complete information to base a decision upon, the applcation
was opened for reconsideration on October 12, 1998.
6. Property owners acknowledge that the proposed plan does not include outdoor
patios or decks. It is the intent of the City Council that future requests for
additional hardcover would not be looked upon favorably.
7. 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.
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060741 �, RESOLUTION OF THE CITY COUNCIL
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8. 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 10.22, Subdivision 1 (B) and Section 10.56,
Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average
lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no
encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to allow 11,605 s.f. (26.7%) hardcover in the 75-250' lakeshore setback
area where 10,850 s.f. (25%) is normally allowed. Approval was subject to the following
conditions:
1. No additional hardcover shall be allowed in the 75-250' lakeshore setback.
2. The observation tower shall not exceed the height of the roof line located over
the southeast portion of the proposed residence, as shown on the Elevation
sketches dated September, 1998 on file with the City of Orono Building and
Zoning Department.
3. 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 (October 26, 1999).
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 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.
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�* pX'tifli o~ RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this 26th day of October, 1998.
ATTEST:
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Linda . Vee, City ClerkGabriel .bbour, Mayory-, , , 1,
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quAiri-a7).__D
G roperty wner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
October, 1998, 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.
G-17e2frZe.„, 6', d-4.0W-2-4e-A-i
c _ ,,_ :.: .•. r: ,.: Notary Public
NGT:RY FUc!IC-. '.f'c TA `'
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CITY of ORONO
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� RESOLUTION OF THE CITY COUNCIL
4ESH�4' NO. 4 1 79
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 4i f/) day of OcrTf—o bf2 , 199 7 , before
me a Notary Public within and for said County, personally appeared
/)7( _ ejtto N e q'/7, A ? #,'ece 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.
C/'1"JCC/^f1°ll�!!�ylll,.i,,,rliTll/!y�i'
Qj ��?�•; MARY ANN JOHNSON ''167( C C e
_• NOTARY PUBLIC-MINNESOTA
•`'� My Commission Expires Jan.31,2000 } Notary Pub*
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this h day of ay?) f,— , 199 g , before
me a Notary Public within and for said County, personally appeared
G,-.2. ,c,,i P w pia),, m a r r; ed. 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.
cc
r cc T r Notary Public
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