HomeMy WebLinkAboutResolution 4149 1� •
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�� - CITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
t9kESH�4� NO. � .� �.� �
A RESOLUTION GRANTING
VARIANCES TO
Mi1NICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L)(2)
FILE #2409
WHEREAS, Gedney Tuttle and Emily Anne Tuttle (hereinafter "the applicants")
are owners of the property located at 1225 Shoreline Drive within the City of Orono
(hereinafter "City") and legally described as follows:
All that part of Lot 1, Auditor's Subdivision Number 169, Hennepin County, Minnesota,
and accretions and relictions thereto and all that part of Government Lot 2, Section 2,
Township 117 North, Ran?e 23 West of the Fifth Principal Meridian (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 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to permit
the construction of a storage shed increasing the hardcover to 46.4% in the 75-250' lakeshore
setback where 25% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was revie�ved as Zoning File #2409.
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'�' RESOLUTION OF THE CITY COUNCIL
��'q1fE Hp4��'G NO. 4 � � 9
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. The property is located in the LR-lA, Zoning District, where 2 acres or 87,120
s.f. is the minimum lot azea. The property consists of 1.18 acres or 51,239 sq.
ft.
3. The Planning Commission reviewed this application on August 17, 1998 and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. A wetland limits the ability to construct a storage shed outside the 250'
distance from the lake.
B. The high water table has allowed for only low headroom space in the
area beneath the principal structure.
C. Most of the lot, including the proposed area to construct the storage shed,
drains away from the lake to the wetland.
D. The proposal meets required setbacks for accessory structures.
5. The City Council fmds that the conditions e�cisting on this property aze 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.
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'�' RESOLUTION OF THE CITY COUNCIL
��'9J�.E Hp4�'�'G NO. 4 �. � �
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6. The City Council has considered this application including the fmdings 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 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L)(2) to pernut the construction of a storage shed increasing the hazdcover to
46.4% in the 75-250' lakeshore setback where 25% is allowed. 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).
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.
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RESOLUTION OF THE CITY COUNCIL
��9kE H.04�'G NO. � �. � 9 �
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Adopted by the Orono City Council on this 24th day of August, 1998.
ATTEST:
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Linda S. Vee, City Clerk Ga 'el Jabbour, or .
Property Owne s
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
August, 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.
,..�•,
r` MARYANNJOHNSON
•=� - • NOTARY PUBLIC-MINNESOTA NOt3ty I1C
. : ,
•,...• MY Cortuni5sion E�ires Jan.31,2000
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'�' RESOLUTION OF THE CITY COUNCIL
��9kE Spg'�G NO. � � dl C� �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�SP �L day of , 199 � ,before me a Notary Public
within and for said County,personally peared� p G1���
known to me to be the person(s) described in and who ex uted the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
•e, ..,, �y
` MARY ANN JOHNSON Notary lic
� NOTARYPUBUC-MINNESOTA
•,...• MY Commission Expires Jan.31,2�0
�_.. •`j
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ���L day of , 199 � ,before me a Notary Public
within and for said Counry,personally peared „� ��- , r'7�c.Q�
known to me to be the person(s) described in and who e cuted the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
C a-- .�-^-�•ry :r.�-r._, _"7 ' C%'G�'l�X/
S' ..:��` '� Notary �lic
, r� MARY ANN JOHNSON �.
� ;-� ;-o�� NOTAAY PUBLIC-MiNNESOTA
�,..�• My ComMssion Expires Jan.31,2000
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