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Home My WebLink About#1839 Recorded Resolution 3306CITY . of ORONO RESOLUTION OF THE CITY COUNCIL 3 Qn0 NO. ,u ,. ,.) ~ A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE NO. 1839 WHEREAS, Robert H. Owens (hereinafter "the applicant") is tl1e owner of t.."1e property located at 1700 Bohn' s Point Road within the City of Orono and legally described as follows: refer to Exhibit A attached (hereinafter "the property"); and \VHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a third stall to the existing attached garage, a 52.6 s.f. addition to the kitchen and a 23 s.f. stair leading from main level"patio doors. These improvements will result in 7,187.6 s.f. or 32.3% hardcover in the 75- 250' setback area where 7,308 s .f . or 32 .9% exists and where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota : FINDINGS 1. This application was reviewed as Zoning File #1839 . 2 . The property is located in the LR-lB Lakeshore Residential Zoning District requiring one acre in area. This property consists of 33,010 s.f. or .76 acres. 3. The Orono Planning Commission reviewed this application on June 21, 1993 and recommended approval of the proposed variance based upon the following findings: A . The residence was installed prior to current zorung standards and lakeshore setback requirements. B. The removal of some 448 s .f. of a bituminous drive will minimize negative impact of extensive paved drive in street yard. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 30inc;-NO .. rl J ~~ C. Proposed improvements will not result in additional hardcover within the 75-250' setback area and will be maintained at 32.3 % . D. The comprehensive improvement of the property will be consistent with the improvements of existing residences within the neighborhood. The comprehensive improvements will not require any other variances. 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 CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of additions to the existing residence as noted above. Approval of the hardcover variance within the 75-250' setback area is subject to the following conditions: 1. All hardcover improvements scheduled for removal shall be completed prior to the footing inspection for the new construction. Hardc9ver removals shall be completed as shown on Page 5 of this resolution. 2. 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 (July 12, 1994). Page 2 of 5 .~' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 0 0 3. 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. 4. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of July, 1993. wner (s) --= ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of July, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ., Notary Public Page 3 of 5 STATE OF MINNESOTA ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 ~ (' r, NO. <i)) i\• " ,0,-; ) ss. COUNTY OF HENNEPIN ) On this /,}_ tit day of qtJi-1 , 199 3 before me a Notary Public within and for said county, personally apefeared ;f. H -tlzt/-e:ZUh .d2 7 (('d uul -----------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. · LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My comrr,ission expires 8-12-96 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this JJ ~ day of ji' ./2.,>:n::.(LC·t,, , 199_3 before me a Notary Publicwithinandforsaidcounty,personallyappeared (ll/cJ-l' ~'. (tc-r.·,,c;:_, JJhu,;, t.·, ,( ------------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 5 . . ,·: /\ I \ \ \ \ ' \ I, ;,,,. -:~,· ·..-- /•( :J' .- '" r f J r~-:;:-11;r" / \ (' ' ~ § ~ ,, < 1 ! j Page 5 of 5 ' '\ \ 1 < u, ~ 1 z'b ( f 7. J ,t - 0.. .,_. l t t. • I 4) ti. \I' \ I.\ I Ill \ .,. " ~ i ' t I I I ' • i.• .;}i .,:, -'~:r·~ .. :·_\:. ·: ··:·· :• Thot port or Lot Three (3), In "Auditor'& Subdlvlolon No. 3-HJ, 1-lorv-.epln Count;,', Mlnn-e,iot.A" ~crlbed a• fo\\owa: Convnenclng at u..., point ct lntereect1on or tho Soutncoaterly lino or Lot 11 In Mld Auditor's Subdlvlalon No. 349 =d tho dividing \~ between Lot.5 3 and 4 In u.ld aubdlvhlon1 tt._..ce Soulheosterly o\or,g the tllvldlng line bctw"on ,.old Lot.a 3 and 4 a dlstnnce or 114.85 reet to lJ.e Mgle point In said dividing \tne, ■aid point being Iha ■.cb.Ja\ point or beolrnlog or the troct or land to be dc,.crlbod; thcnco Southerly olong u,e dividing lino b•tween eald Lota 3 and -' a dl•t:anc• of 130 reet; thence Eluit denectlr,g to the \el'\ et an ong\o or 90 de9n:ea 14 minutes to the eh::,~ o( uke Minnetonka; thrnce 'North4r\y along shore or aa\d lake 100 rMt more or lau to tho dividing line be- t,..,een Lot.,, 2 ond 3 In said ,iubdlv\alon; thence Westerly along the dividing line, between said Lot.a 2 And 3 to the Angle point In \eat a4ld dividing ltr.i tt>.-.ce continuing Weoter\y In a atre.lght \lno to tho acb..Ja\ point or beglrnlng; exc,:,pt tJ'ie Waater\y 20 rut tn.r.or, said 20 reat b.\no meeauN>d •t right anglM to the •• d lvldlng lino bet,.,eon oald Lota 3 and 4; accoro\ng to tl-1<1 pint thoNlor on rite or or r.coNl \n the orrtc• ct th• Re,;il1tre.r or Ttt1 ... In and for ■aid H■rnepln County. • ·,·. Togetf,cr with an easement ror rood p.,rp05es over that p,,rt or ,sold Lot 3 lying Westerly or the Westerly line or the pr-.m\ees herelno.bove rtrst deacrlti,d end Northecutcrly or t> line described as ro\\ows, Eleglnnln<;i et Initial point or corrn'lenccmont or the. tre.ct or \e..nd herelnabove ducrlbod; thence Soutt-.e ■ateny along tho dlvldlt1g line between said Lots 3 and 4, 114.85 reot to tt,c 11ngle point In ,aid dividing line; thti'lce contlnu~ Southeasterly on an eocte,-,,■lon at aald dividing llne to the Westerly llne or the trnct or land herclnabove deecrlbed And there t~rmlnatln,;;, a.s shown In Deod Doc. No. 31ee2-', File• or R.■glatrar or Tltld. Together with an euem<ent for right or way ror driveway purpoeca over that part or the We,.ter\y 20 raet or ·•aid Lot Three (3), lying Northerly or the South l lno or the pn:mlaee hcrclnabove flr.,t described and Sootherly or the \Inc dravm across oold Lot Three (3) from !NI 11n9\o polnt In tho dividing lino between Lau Thrco (3) and Four (4) to U"' N'lgle point In the dividing line between Lotls Two (2) and Three (3) In u.ld "Auditor's Subdlvialon Number 3-49 1 Hel'Y'>l!pln County, Mlnno,.ota", 9old described 20 foot right or woy being 20 reet wide aslrnca.:iuro<l et a rl171t· angle to !NI dlvidtng line latween aatd Lots Three (3), ond Four ('1), "" 5hown In Dco<l Doc. No. 310024, Flies o( Rcglotrer or Tltlo,i. , , • J. ••• -----,-~----··------·----.. ·•·:· ·; : \ . • ... '. ·.':. . . .. ~ ·,· .. , .. ::.\/>:'.:·· .,. .·,\\ . .. . .:, :·· , .... ,· -~ ~ ~ ~ e..J G</ 0 ( STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) '-ll t:'1' n {" -RFSOLurION # tJJ <:.,i1 l 5 •·"'• I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing co p y of a res o 1 u ti on of the City Co u n c i 1 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 12 , 19 93 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have s e·t my ha n d and s e a 1 th i s 13th , day of _____ _.c..._c.;;_cc...<----------· 19~9~3'--- . Hallin, City Clerk (SEAL) ;,· 2431403 J •..:~1£R EO VQL;l./7'1 P,~Cf: it,c./11 ~6, y OFFICE OF THE RfGI STRAR OF TITLE S HENNEPIN COU NTY, MJNN ESOTA CERTIF IED FIL ED ON ~ OCT 14 1993 ll. ia-C--4- REG ISTR AR OF TITLE'S BY ------DEPUTY . 00~( Se.;vcc~ ~ f ofldf+s ~ctf 1