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Home My WebLink AboutResolution 4133 6984250 /-?' O TRANSFER ENTERED jN. NEP$N COUNTY TAXPAYER SERVO* I O O a C T 113g8 CITY of ORONO 1 11iI :4-' ti / •�U - MtNN. AML 44- --br.PUTRESOLUTION OF THE CITY COUNCIL \�4kESH04NO. 4 A RESrUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B); SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L)(2) //��///''/// FILE NO. #2385 `y, REAS, Stephanie Kroeger (hereinafter "the applicant") is the owner of the property located at 3465 Crystal Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Block 2, Navarre Heights, 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 July 20, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6(B); Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (L)(2) to permit construction of a detached garage requiring a side yard setback of 3' where a 10' setback is required, a rear yard setback of 3' where a 10' setback is required, and to allow 48.6% hardcover within the 500-1000' lakeshore setback zone where only 35% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2385. 2. The property is located in the LR-1C, One Family Lakeshore Residential Zoning District. Page 1 of 4 ,/-..?. 0.4i. ,o = o CITY of ORONO Kv-1 '' ot, A.,ii \''S ,11��,!�'�� t,� j RESOLUTION OF THE CITY COUNCIL \`9.k C":" NO. 4 --' �SH� 3. The Orono Planning Commission reviewed this application on July 20, 1998 and recommended approval on a vote of 6 to 0 for the variances based upon the following findings: A. The existing garage is located directly on both the rear and side lot lines. B. The proposed detached garage would be located 3' from the rear and side lot lines. C. The property is served by a shared drive with the neighboring property. D. A lot coverage variance is not required for the subject lot. E. The total hardcover would be reduced from 52.2% to 48.6%. 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 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 applicant 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 10.25, Subdivision 6(B); Section 10.22, Page 2 of 4 ♦ • gv k.1„IV \ CITY of ORONO I tii- ' 3 y C,� \e' / RESOLUTION OF THE CITY COUNCIL 4 .iii L(o__ NO. Subdivision 2; and Section 10.56, Subdivision 16 (L)(2) to permit construction of a detached garage requiring a side yard setback of 3' where a 10 feet is required, a rear yard setback of 3' where 10' is required, and to allow 48.6% hardcover within the 500-1000' lakeshore setback zone where only 35% hardcover is allowed. 1. Authorities granted by this variance run with the property not with the j. iicm c but a erf/1 Pnt. .5 c1.�. a..Ca._CJ, a.�. permissive only and must (i G: C;:ti::C(;Y�C;u by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 27, 1999). 2. 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. 3. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees 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 1104 on the 27th day of July, 1998. ATTESR. ?, Linaa°S. Vee, City Clerk Gabriel abbour, Mayor Oro P op,� y Owner (s) Page 3 of 4 1. ' ,, ; • /;di v 0 ki /O _ O\ =�. �- CITY of ORONO \ 1l�, A 1 �I1�� ti � ��l i �� G� RESOLUTION OF THE CITY COUNCIL kEs_/ No. 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument vvas cxecateu on behalf of the City. ( j ) �NOrYPUBLIDtOTA \° My Commission Expires Jin.a1,2000 11 Notary�ic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,3 % day of � , 199 3 before me a Notary Public within and for said county, personally Ape. d : _.I - - t,- /7 .' c77 known to me to be the person(s) described in and who executed the :regoing instrument, and ac s�,_,;, ,..;; . ;-�,�:�;,.;. :��•. the same as his (their) free act and deed. %:7:.'' It %1-�N JOHNSON J t�� P! IC-MINNESOTA 17 ( / ! 1 ° "„3'� M,C. ,eras Jan.31,2000 i Notary P lic 7 STA t ;MINNESOTA ) _.” ) ss. COT NTY OF I-IF_.NNEPII•.; ) 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 Page 4 of 4 RESOLUTION # 4 1 • � .. STATjii OF;` ID•INESOTA =�. COUNTY (A HENNEPIN ) l ) 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 July 27. 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 29th day of July , 19 98 et---; 4/, Linda S. Vee, City Clerk 0 (SEAL) c> 1R "`V .1-71-----7,1A A o) - 330 :J +..... I — .w 0 . /f 'OD 'C 7 ''j.'':': li:,;,:; •"-. : : - `;:':' 1969 O . C1 :€3 WI CI 1::,U : ,-,a;7N V_ . Y I 1. 00 31$ _fG 0c7i,R air 17T :S .),E;i3L.177 05n869 al'