HomeMy WebLinkAbout#2265 Recorded Resolution 3939ENTERED
HENNEPIN COUNTY 1i\XPAYER SERVICES
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 S 9
A RESOLUTION GRANTING
A VARIAN CE TO
JUL 7 1998 MUNICIPAL ZONING CODE
// SECTION 10.22, SUBDIVISIONS 1 AND 2 ~{~ 1PuTYAND SECTION 10.24, SUBDIVISION 5 ((-/r FILE #2265
WHEREAS, Graydon K. Newman and Michelle M. Nevvman (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, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City for a variance from
Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section I 0.24, Subdivision
5 to allow removal of an existing residence to construct a new residence. Variances for
hardcover in the 0-75' lakeshore setback where 3,132 sq. ft. (12.3%) is existing and 3,120 sq.
ft. (12.3%) is proposed where none is allowed; hardcover in the 75-250' lakeshore setback
where 11,606 sq. ft. (26.8%) is existing and 11,603.5 sq. ft. (26.8%) is proposed and 10,825
sq. ft. (25%) is allowed; average lakeshore setback to locate behind the 75' lakeshore setback
ahead of the average lakeshore setback where approximately 130' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2265.
2. The property is located in the LR-IB, where the minimum lot area requirement
is 1 acre.
Page 1 of p
4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 ij 3 9
3. The Orono Planning Commission reviewed this application on July 21, 1997, and
recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
A. The zoning lot meets the minimum lot area requirements.
B. The zoning lot is located on a peninsula is irregular in shape.
C. There are mature trees on the lot that the property owner wants to
preserve.
D. Variances were previously granted for hardcover to change the shoreline
where there is steep topography.
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 setback and hardcover variances in the 0-75' and 75-250' lakeshore
setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24,
Subdivision 5 to permit removal of an existing residence to allow constmction of a new
residence ahead of the average lakeshore setback and behind the 75' lakeshore setback, subject
to the following conditions:
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4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 3 9
1. Authorities granted by this · variance run with the property not with the
applicants, but are pem1issive 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 (July 28, 1998).
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 July, 1997.
ATTEST:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing i£~~Int,~as acknowledged)~,~~ofr:e me on this 28th day of July,
1997, by Gabriel Jabbour & D0rothy-M:· Hallin, Mayor &7cfty Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
r~~-~ n \,, ;:;,1:·¥,• HENNEPIN COUNTY
( '-,-::::.t~•' My Commission Expires Jan. 31, 2000 ,l
,. -::, .. :;;z-.~-:-2222;,.::;~-z~~2.~~~~>
Notary Public
Page 3 of i
4
. , ' . ..
)
) ss.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _3_9_3---=9'--_
COUNTY OF HENNEPIN )
On this /;~·t-1 \ day of ... "Tm~-, .199 _J__, before me a Notary
Public within and for said County, personally appeared J,/, c Ae!le Id [~111 cm n, n1a1·6cd.
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.
~
2
,. ... • cARoLE A. HASEMAN iL < de ,c;·: d-r1?-z.7lffe7'.J ~ _.~~ NOTARY PUBLIC-MINNESOTA N <t.. p bl' '
I':'-,:~~"-'''f'~:;: HENNEPIN coumv .. , -,·r• 0 ary U IC t ': .. -:.~;; / My Commissio:~:,~: s_s J,i' ' "
1~· ·--;~;~~.-:-~~-. -·.·_,,,:~--
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __L".i!.!!_ day of .. :~(, Ll1.t' ___ , 199 _[_, before me a Notary Public
within and for said County, personally appeared (~r., ycl.·:n f lj<_, wur0 n rna t( ,·p_c[
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
HENNEPIN COUNTY
My Commission Expires Jon. 31, 2000
I/ __ /. / ;:'~, . -1. c'< ;· .~~ , 0, A,, 4 / t'/?Z d'.,k .. /,
Notary Public
Page 4 of 'i!
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # 3 9 3 9
I, Dorothy M. Hallin, 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
July 28 , 19-2,2, 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 __ 2_· 9_t_h ___ _
day of Jul , 19_.9__,_7_
(SEAL)
Registrar of Titles, Hennepin, MN
Date Filed: 07/07/1998 04:00 PM
As Doc #: 3048792.0
On CT #: 773135.0.
Copy
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