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Home My WebLink About1997-06-09 Resolution 3913CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3913 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 FILE #2241 WHEREAS, Kyle Hunt & Partners on behalf of owners, Cheryl J. Costley and Gary E. Costley (hereinafter "the applicant") of the property located at 1185 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to allow an exercise room to be added under an existing deck that encroaches 4' into the required 75' lakeshore setback. Variances for encroachment into the required 75' lakeshve setback are required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2241. 2. The property is located in the LR-lA, One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 2 acres. 3. The Orono Planning Commission reviewed this application on May 19, 1997, and recommended approval of the proposed variance based upon the following unique findings and hardships: A. A lakeshore setback of 71' where 71' is existing and 75' is required. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 9 1 2 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 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 C:GNDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a lakeshore setback variance of 4' per Municipal Zoning Code Section 10.22, Subdivision 1 to allow an exercise room to be added under an existing deck that encroaches 4' within the required 75' lakeshore setback, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, 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 (June 9, 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 5 0 0 \kE8H04/ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3913 Adopted by the Orono City Council on this 9th day of June, 1997. A ST: Dorothy . allin, City Clerk Gab ' I Jabbour, Mayor STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of June, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC-GAINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Y (1- Notary Public Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 13 4 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN ) 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 fore€ .,ing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public On this / �'— day of R-- , 199 , before me a N tary Public within and for said County, pers ally appeared o known to me to be the person(s) described in and who executed th foregoing instrument, ,acknowledge-! that he (they) executed the same as his (their) free act and deed. ~�. THOlMAF ANSWU N tary Public MkAfta NOTMIY►I". WWWTA MT Cartrnt�ai E�irwdrt 51,1000 Page 4 of 5 0 0 CITY of ORONO RESOLUTION OF 146CI YY COUNCIL NO. 1.41 ij EXHIBIT A Tract A, Registered Land Survey No. 522, Files Of Registrar of Titles, County of Hennepin. Tract B, Registered Land Survey No. 397, Files Of Registrar of Titles, County of Hennepin. That part of Tract C lying Northeasterly of a line described as beginning at a point on the Northwesterly line of said Tract C, 131.5 feet Northeasterly as measured along said Northwesterly line from the most Westerly corner of said Tract C; thence southeasterly in a straight line to the ordinary low water mark on Brown's Bay through a point on the traverse line along Brown's Bay, Lake Minnetonka, as shown on said Registered Land Survey No. 397, said point being 101.0 feet distant, as measured along said traverse line from the Southwesterly line of said Tract C, Files of Registrar of Titles, County of Hennepin. Page 5 of 5