The URL can be used to link to this page

Home My WebLink About#1556 Resolution 2866' • ..,4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2866 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE 1556 WHEREAS, Gerald and Barbara Nelson (hereinafter "the applicants") are owners of the property located at 1629 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey 565, Hennepin County, Minnesota (hereinafter "the property")~ and WHEREAS, ·the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of a closet that would add approximately 65 s.f. of structural hardcover within the 75-250' setback area where 5,776 s.f. or 30.6% non-structural and structural hardcover exists. The proposed closet addition will be placed over existing non-structural hardcover resulting in no overall increases in hardcov~t within the 75-250' setback area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 1556. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Council reviewed the applicants amended proposal on August 27, 1990, and recommended conceptual approval of the proposed variance based upon the following findings and hardships: a) There is no basement or second floor for this residence and storage space is at a premium. b) The exterior door that will be removed to accomodate the closet appears to serve no real exit function in the context of this single level residence. Page 1 of 5 City of ORONO RESOL UT I O N OF TH E C ITY COU N CIL N O. 2 8 66 ~'t t\ .:: .... ~. 1...,~_ ' .. ~ • i. > -·. t c) A closet addition will be placed over .i xisting non- structural hardcover resulting in no overall increase in hardcover within the 75-250' setback area. 4. 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. 5. 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 substantia 1 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a closet addition at approximately 65 s.f. in area subject to the following conditions: 1. Applicant shall remove approximately 60 s.f. of existing paved hardcover from the driveway and approximately 200 s.f. of landscaped area underlain with porous fabric as shown on Page 5 of this resolution. Existing hardcover within the 75-250' setback area would be reduced to 5,716 s.f. or 30.2% for an overal 1 reduction of .4%. 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 (September 10, 1991). Page 2 of 5 City of ORONO RESO L U TI O N OF T H E C ITY COU N C lb N O . 28 66 3. 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. 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 Orono City Council on this 10th day of ember, 1990. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of September , 19 9 0, by James R. Grabek & Dorothy M. Ha 11 in, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public / · My Commission Expires Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2866 STATE OF MINNESOTA } } ss. COUNTY OF HENNEPIN } On this ~nd day of {Dc:)-o6Lv , 199.Q before me ~otary Public withi~nd for said county, personally appeared <-CfM/bCUVQ,.. R . /u-e)~an --:::J p i n+-W n-e__,v---known to me to be the person ( s} described in ~nd who executed the fore going instrument, and acknowledged that he (they} executed the same as his (their} free act and deed. STATE OF MINNESOTA} )ss. COUNTY OF HENNEPIN) TH ERESA L. NAA B NOTARY PUBLIC• MINN ESOTA HENN EP IN CO UN TY My commission expL·oo 9-8-92 MY COMMISSION EXPIRES On · this ~d day of (0(1 _-/--ofu_r , 199 0, before me : Notary Pub]}-p within and for said County, personally appeared l_r -fc vo.--ld R . M,,LsCJYl, --:Jc.?1'n t /J dn e..c known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they} executed the same as his (their) free act and deed. TH ERES A L. NA AB NOTARY PUBLIC • MI NNESOTA HENN EPI N COU NTY My commission expirliiS 9-8-92 MY COMMISSION EXPIRES Page 4 of 5 City of ORONO RESOLUT I O N OF TH E C I TY COU N C I L N O. 2866 STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN } On this before me appeared day of~-::---~-------' 199 a Notary Public within and for said county, personally the person(s) described in and ins trurnen t, · and a cknow 1 edged that his (their} free act and deed. known to me to be who executed the foregoing he (they) executed the same as STATE OF MINNESOTA} )ss. COUNTY OF HENNEPIN) NOTARY PUBLIC MY COMMISSION EXPIRES 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 foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 RESQL:QT~ON #2866 'l~r-\::::;E~!-Sf~};~~~f~~Ii~;a~in~~~lit~i&~= :-:~;-: :. -.. ~ ~:; .-·. _ ... :_:.:.:;.~~:;::::.:;; .. ~;,..:.;.,;..-}.~ --~~-:;~--~--;-'--..:~::.;-....::,--:,-.:1~~-.r-,.-.. -:;.::_:~~~~-~P:-;-.. _;.;..-Y:-~t~,:._;"°C:.:7~~~~~· --· ~ -~~--:~-.:_;:,· · _·:<rr'"~ict-~~r,(~?~ Re--· r·s _-~f~~re°'d~ lfa·n~d:tsrrrr.~~No~~ ':~ · .... • c O 1-:: : C '.~:~co;i~::~;;,;:;:c:_·:. -· ~:-::cf_:~ :;,~,::-~:_;;~;'.:~.,:::%,~J:'E.;~'f 1§ ·· . • : ::;.~ ·. · : . . ~: ·-:~.;: ~:::c (::I e._n n_ e l} l n_,": ~ 9 _ U n. ~X,,.,o;i;J-t~}l [tgJ~~~~lii / i J ' ! \ -._·: I I I 'P'.,,------... '7 . ·, "'?' 1,0-.-,._.:_,_ . ,o .,, a.~,.. .,( __ ::, __ \ :,1 .tr,'"-p.. .._ 'f.. ~Y"" l "- l . " l ' q3; -- ----·'iJ3•Z1 -' ---~~'t -'-7 ,,I . : 6 £"" f3 / • ~ ~r'Al.~ .. ~ ~;~.::a.£ J :i-lS~ G--/_/lt-R D Cov~ fL 57 7(p af o--z_ 3 ~· lT'ke r i i i • -------_:.L - : a Le v e 1 · · .; :i ~'; -;/ :"-,~,., ,i~ii~iif t~\ • .t STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #2866 I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore·going 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 September 11 , 1990 , 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 hereunto s~t my hand and seal this 11th , day of September , 19_9_0 __ (SEAL)