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Home My WebLink AboutResolution 4065 ,:. '� " . :i �. _, � � �� , �� o o � ��d. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`q.kE Hp4��'G . .. N O. � . S . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONiNG CODE � SECTION 10.56 SUBD. 16 (2) and (3) FILE NO. #2325 WI-�REAS, John and Cindy Olson (hereinafter "the applicants") are the owners of the property located at 950 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 11, Block 1, "Pirates Cove, Hennepin County, MN" (hereinafter "the property"); and . WI�REAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.56, Subd. 16 (2) and (3) to allow replacement of an upper deck with a screened porch underneath that encroaches in the required 30' top of bluff setback where a • variance for bluff setback is required. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #2325. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area. 3. The Orono Planning Commission reviewed this application on April 20, 1998 , and recommended approval of the proposed variances based upon the following findings: A. The lot meets lot area, lot width, and yard setback requirements. � B. The existing residence was constructed before the shoreland management regulations that require a 30' setback from the top of bluff. C. The entire residence is located in the required bluff setback area. � Page 1 of 4 r _. .F, .,`�"� U . : w. _, � � �� - `�, � o o � ��b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`9 g'�'� . NO. " . kESH� �� . � m . A RESOLUTION GRANTING A VARIANCE TO MiJNICIPAL ZONING CODE � SECTION 10.56 SUBD. 16 (2) and (3) FILE NO. #2325 WI�REAS, John and Cindy Olson (hereinafter "the applicants") are the owners of the property located at 950 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 11, Block 1, "Pirates Cove, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.56, Subd. 16 (2) and (3) to a11ow replacement of an upper deck with a screened porch underneath that encroaches in the required 30' top of bluff setback where a • variance for bluff setback is required. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS " 1. This application was reviewed as Zoning File #2325. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring 1 acre in area. 3. The Orono Planning Commission reviewed this application on April 20, 1998 . and recommended approval of the proposed variances based upon the following findings: � A. The lot meets lot area, lot width, and yard setback requirements. � B. The existing residence was constructed before the shoreland management regulations �that require a 30' setback from the top of blufF. C. The entire residence is located in the required bluff setback area. � - Page 1 of 4 � 1 , , r � O� • O O ' �e. - CITY of ORON� � ti � ti RESOLUTION OF THE CITY COUNCIL ��kE H�g'�G NO. I �a '� S .. � � i C. The entire residence is located in the required�Ibluff setback area. � D. The allowed building pad is restricted by the street setback and the top .of the bluff. ? � E. The proposed upper deck is to replace a previous deck. 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 zonir.g district; that granting the variances would not adversely affect tr�c 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. 5. 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. ; . I CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a top of the bluff setback variance per Municipal Zoning Code Section 10.56, Subd. 16 (2) and (3) to permit construction of an upper deck and screen porch underneath as proposed in Exhibit A, subject to the following conditions: l. The proposed deck and screened porch under the deck shall not be converted to � : enclosed living area. f . � 2. Authorities granted by this variance run with the properly not with the applicants, but are permissive only and must be exercised by application for a • building pernut within one year of the date of Council approval, or this variance will expire on that date (April 27, 1999). Page 2 of 4 � i I , :, s � � O� • O � O . b� - C ITY of ORONO � � � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH0�`'�' NO. � o' � � ; ' I 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 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 regular . meeting held on�the 27th day of April, 1998. ATTEST: , � ; � v . �� Lin�a S. Vee, City Clerk Gabriel abbour, Mayor . �J Prop Owner (s) S TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, . 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a � � � Minnesota municipal corporation and said instrument was executed ori behalf of the City. � I �•, � . /� . CAROLE A.HASEMP.N � `��i �..1��(�• _e>.n�� . � ;,�;�,�; NOTARYPUBUC-MINNESOTA Notary Public `� °�;�:�?• HENNEPIN COUNTY . � � .w, � • My Commission Expires Jan.31,2000 � t•��a�a�� .-�.,.,�-: � Page 3 of 4 ; l , F , , � O� � • O O ��b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'�G � NO. ._� Q � �+ " STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this o�?.�1 day of 1Lla Pc�,h , 199R before me a Notary Public within and for said county, personally appeared-�c,h„C�l�na�;�d., OI�An. �JSY�.�h�(�_ ��-L'e, 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. �=��4r� • .v� . i�'.'�.°•; CAROLE A.HASEMP.N c��y e-�o� �. ��-J +, (,,�, . NoT�Y Puauc-rniNNESOra NOTARY PUBLIC ti \�h�: HENNEPINCOUNTY ��•-°+ My Commission Eupires Jan.31,2000 , e.e- 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 foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • Page 4 of 4 , `� / �,� r x � . �� . •� 8.o W '� 07 A � AA V 'y . � o � °G�9 �� ' _ �30�� . / �" \ � �y � � � �O _. �° : � � � . . . . . � . ' . .. . : � • . . '• � - � • .' ' . . � . �° . . '.. `,,° � . � : • '.x . z '� . � � . . � i � �� — � -P N �I �' 1 o N / : Ro� �� O � �/ { 3°� � �VE'4p `` . . � � I �qs J � � � s�p S T/C / Q / � � � r� ` ;,� � °� . . f � lG�, 1 � 4> -�' . c N 2. � '. ; �� o S��y.sT� �. .:� �� 49:s �� / �l'�'ETRycv ��'R /�/ � I r9 4 `C/�yG Ck�V T� . �= � f .� . � '� �` � � l o ' n.. 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