HomeMy WebLinkAboutResolution 4169 ,
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1, MA Woe I �o ' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 (C) (6)
FILE #2419
WHEREAS, William Hoeft and Anastasia Hoeft (hereinafter "the applicants")
are owners of the property located at 1725 Bohns Point Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lots 4 and 5, 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 28, 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 10.56, Subdivision 16 (C) (6) to permit the construction of a residence
encroaching 35' into the average lakeshore setback and a pool terrace encroaching 40' into the
average lakeshore setback where no encroachment is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2419.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District, where 1 acre or 43,560 sq.ft. is the minimum lot area. The property
consists of 2.92 acres or 127,382 sq.ft.
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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 proposed residence meets all lot and hardcover requirements.
B. The lot is located on a peninsula causing the average lakeshore setback
distance to be pushed back on the lot.
C. The lot faces the south whereas the adjacent lots face to the southwest
and east.
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 variances 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 variances 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 10.56, Subdivision 16 (C) (6) to permit the
construction of a residence encroaching 35' into the average lakeshore setback and a pool
terrace encroaching 40' into the average lakeshore setback where no encroachment is normally
allowed. Approval was subject to the following conditions:
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1. 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 (September 28, 1999).
2. 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.
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 agree to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 28th day of September, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel a•bour, Mayor
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ro erty Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
September, 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.
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1 It JAMIE L.GEMAR "� -��
NOTARY PUBLIC MINNESOTA 6 i 1&c.L_,1—) ./��E�"'' i z—le 1--s
S ;'moi'' HENNEPIN COUNTY Ncjtar}� Public
•.. ' My Caronission Wires Jan.31,2000
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A CITY of ORONO
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /PI' day of lbt ti-L-.6.,:- , 199g before me a Notary Public within
and for said county, personally appeared a;,._,Le,„,yZGt� pe-c.41 _di,_4AA-c.�-. -7
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.
JAMIE L.GEMAR 3 ,
NOTARY PUBLIC-MINNESOTA ° r� , t/ // 4k.* `/f'6,,en-i
: ;.• HENNEPIN COUNTY NOtirry/Public
My Commission Expires Jan.31,2000
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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before me a Notary Public within
b gOn this ��4 h day of iio��e 01 ,�;� , 199
and for said county, personally appeared LI, i j,,)), licci--i-, 0-761-,-;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.
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�` NDIARY PUBLIC MILA'ESOTA Notary Public
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r Y Comm�«icn E; ..s J ^ 3! ,nrn ',
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DEC 16 1998
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I, 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 September 28, 1998 , 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 5th day of
October , 19 98 .
, (-;;Wet; i Z./../Z._
Linda S. Vee, City Clerk
(SEAL)