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Home My WebLink AboutResolution 4148 f �-�-�e�a� � O� • O O • ��b. - C ITY of ORONO � � ' � . '�' RESOLUTION OF THE CITY COUNCIL ��`qkE p4�'G � NO.� � � Q: �$ . . SH . . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING. CODE SECTION 10.03, SUBD. 9 (D) AND SECTION 10.22, SUBD 2 AND SECTION 10.56, SUBD 16 (L)(2) . FILE NO. #2407 WHEREAS, Lane and Kelly Moore (hereinafter "the applicants") aze the owners ' of the property located at 3438 Livingston Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 19, Block 2, "Navarre Heights, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota • Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 17, 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, Subd. 9 (D); Section 10.22, Subd. 2; and Section 10.56, Subd. 16 (L) (2) to permit the construction of a garage 3' from the side lot line where 10' is required and to allow 36.0% hardcover in the 500-1000' lakeshore setback. - NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: - FINDINGS � 1. This application was reviewed as Zoning File #2407. . 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .15 acres or 6,625 sq. ft. 3. The Orono Planning Commission reviewed this applicat�on on August 17, 1998 and recommended approval by a vote of 6 to 0. • Page 1 of 4 r .. L' � O� • O O ��A. - CITY of OR4N0 � ' � '� RESOLUTION OF THE CITY COUNCIL ��`�k'E Hp4��'G . . � NO. � 1�l �� . . S - 4. The Planning Commission made the following findings of fact: A. The lot is undersized for the zoning district. B. The planter is an asset to the lot and should not be removed. � C. The City Building O�cial recommends at least a 3' lot line setback due to the location of the neighboring property's garage. 5. The City Council fmds 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. 6. 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 10.03, Subd. 9 (D); Section 10.22, Subd. 2; and Section 10.56, Subd. 16 (L) (2) tq permit the construction of a garage 3' from the side lot line where 10' is required and to exceed allowed hazdcover in the 500-1000' setback where � 35% is allowed and 36.0% is proposed. Approval was subject to the following conditions:. 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 yeaz of the date of Council approval, or this variance will expire on that date (August 24, 1999). � � Page 2 of 4 � °� � o 0 ��D. - CITY of ORON� � � '� RESOLUTION OF THE CITY COUNCIL ��I�E Hp4�'G . � NO. � � �- � � . � � . S 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 regulaz � meeting held on the 24th day of August, 1998. ATTEST: • �� - �/� Linda S. Vee, City Clerk Gabn 1 Jabbour, Mayor /�� Property O er (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instniment was acknowledged before me on this 24th day of August, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and Gity Clerk of the City of � Orono, a Minnesota municipal corporation and said instrument was executed ori behalf of the City. � .�'.'"`•. JAMIE L.GEMAR ` �� NOTARY PUBLIC-MINNESOTA o�'�Y :-: HENNEPIN COUNTY ' NOt Public ' �,�.••' My Commission Expires Jan.31,2000 Page 3 of 4 � � °� � o 0 �� - . CITY of ORONO � ti � '� RESOLUTION OF THE CITY COUNCIL ��.kE Hp4��'G � . . : N 0. � �� . � �► �"� S . STATE OF 1VTINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this a2$�" day of ,s� 199�1 before me a Notary Public within and for said county, personally appeare �� ,�/�„�re, vv,a r�vi c -�'o �a H� �oo rre , 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 e�: HENNFPIN COUNTY � '��:••° My Commission Expires Jan.31,2000 __ Notary Public • STATE OF MINNESOTA . ) . ) ss. � COUNTY OF HENNEPIN ) On this 3�,e1_ day of � �� 199� before me a Notary Public within and for said county, personally appeazed � known to me to be the person(s) described in and who executed �he foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �;;�'�".ts�:r.e'�r� . -�:��= JAMIE L GEMAR , :v"' � �� NOTARYPUBLIC-MINNESOTA No Public ,�"R°` ,� HENNEPIN COUNTY �,��o° My Commission E�ires Jan.31,2000 � i � � � Page 4 of 4