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Home My WebLink AboutResolution 4135 ___-- 1404i. 6984336 /0 . 1 0 , ,- CITY of ORONO vi, --- 441'1.-- ›,, ,;t ) ,��111 �,'ll- � RESOLUTION OF THE CITY COUNCIL kEss01.- NO. 4 1 ! 5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(A); SECTION 10.22, SUBDIVISION 1(B); SECTION 10.56, SUBDIVISION 16(C)(6); AND SECTION 10.23, SUBDIVISION 6(B) ,�� 1///l// FILE NO. #2396 WHEREAS, Clint Morrison and Jody Morrison (hereinafter "the applicants") are owners of the property located at 3510 Bayside Road within the City of Orono (hereinafter "the City") and legally described as follows: Lots 26 and 27, Auditor's subdivision NO. 203, except that part of Lot 27, said Subdivision, lying Northerly of a line described as follows: Commencing at a point in the East line of said Lot 27, 292.49 feet South of the Northeast corner thereof; thence Northwesterly to a point in the West line of said Lot 27, 261 feet South of the Northwest corner of said Lot 27, Hennepin County, Minnesota (hereinafter "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 applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9(A) to permit an accessory structure to remain while the existing structure is demolished and a new principal structure is constructed; to Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16 (C)(6) to permit the construction of a residence which encroaches past the average lakeshore setback where no encroachment is normally allowed; and to Section 10.23, Subdivision 6(B) to permit a principal structure on a 1.36 acre lot where lot area of 2 acres is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: TRANSFER ENTERED ilENNEPIN COUNTY TAXPAYER SERVICES OCT 12 1998 Page 1 of 4 --,:iii- /-I%�-� .. 0 PUTY ( _--- .. .. , 1. 04i. /O O =ice CITYof ORONO A 11,,,1,; L ›,., �. A iI �Gti RESOLUTION OF THE CITY COUNCIL ix. NO. 4 5 FINDINGS 1. This application was reviewed as Zoning File #2396. 2. The property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 20, 1998 and recommended approval on a vote of 6 to 0 for a variance based upon the following findings: A. The accessory structure would remain on the lot without a principal structure during the demolition and reconstruction period. B. The lot is located on a corner creating a situation where the entire buildable part of the lot encroaches into the average lakeshore setback distance. C. The lot size is 1.36 acres where 2 acres is required for the zoning district. D. The lot meets all hardcover and structural coverage requirements. 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 variance on the health, safety and welfare of the community. Page 2 of 4 o o� '�� gyp �I CITY of ORONO : ' I I 11;4* \ �� ii619 �S;%j� RESOLUTION OF THE CITY COUNCIL \kESH�4�'% NO. 4 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 10.03, Subdivision 9(A) to permit an accessory structure to remain while the existing structure is demolished and a new principal structure is constructed; Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16 (CO) to permit the construction of a residence which encroaches past the average lakeshore setback where no encroachment is normally allowed; and to Section 10.23, Subdivision 6(B) to permit a principal structure on a 1.36 acre lot where lot area of 2 acres is normally required. 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 (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 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 nteetinilieldon the 27th day of July, 1998. c• ST;„s _a:�. Linda,S. Vee, City Clerk Gabrie Jabbour, Mayor Prop- own r s) Page 3 of 4 <:-.. t. 0.iv , I � CITY of ORONO ., 4. ,5.,i \\ ,,,,,e. �� 1�, '7''i' RESOLUTION OF THE CITY COUNCIL y`9$ O�/ NO. 4 I 3 5- �� ESH /j 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 was executed on behalf of the City. ,_ CAROP A.HMSEMRN k'1 NOTARY PUBLIC MINNESOTA �(,L,2 �' ."�;�. HENNEPIN COUNTY (' '•° My Commission Expires Jan.31,2000 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this % day of 0-Lily , 199? before me a Notary Public within and for said county, personally appeared C/;n-if' kerr;so" g .TacIli laorr;so n e k0sbootd.11/;ge, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowl . same as his (their) free act and deed. ' A r � CAROLEA.HASEMAN I' -s.$, 0c& Jt . ,i!L My Commission Expires Jun 31.2000 ONotary Public STATE F MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 11L1i1`I Ll 11` 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 3 5 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 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 . (42,1- Linda S. Vee, City Clerk # •' • . e I - (S v[i • • 4 • ,..... * .. . , # •, , '.. • • . . . , t• illIbm,•10, 4.4 Chi ........ —4 -4 94(.) 0) 0) i I i -,1 . .• 41/. tr% crli ko to •.•.• •tj %..0 M:<D 0:1 CO Crl l'n • "1 .0. 41,. 04 (A CZ) \k r CD '1% t --•) '.. ' Chi 04 GO ON ON o. . ...-... ..-.-I CO.' \1 \1.,...\ . Ci GI C:I CI CAD 1 cl ci 0) I - •' ON ..r.a. b C. C3 C.Il c: Q CD -4 m) co.„ Cr)