HomeMy WebLinkAboutResolution 4050 ; -, �
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'�' RESOLUTION OF THE CITY COUNCIL
� ��`�$E p4�'G � � . NO. _ � � 0 �� � `
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C),
SECTION 10.22, SUBDIVISION 2, AND �
SECTION 10.24, SUBDIVISION 5(B)
�`� FILE NO. #2292
WHEREAS, Tom and Susan Okerstrom (hereinafter "the applicants") are the ,
owners of the properry located at 770 Tonkawa Road within the City of Orono (hereinafter "the
City") and legally described as follows:
The northwesterly half of Lot 14, Partens Point, First Division (hereinafter "the
property"); and
. WHEREAS, the applicants have applied to the City for variances to Municipal
• Zoning Code Section 10.03, Subdivision 14(C), Section 10.22, Subdivision 2 and Section 10.24,
Subdivision 5(B) to permit the construction of a detached garage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, �
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2292.
2. The property is located in the LR-1B Single Family Lakeshore Residential
_ Zoning District requiring one acre in area. The properiy consists of 13,440 s.f.
. or .31 acre. � � �
3. The Orono Planning Commission reviewed this application on March 16,�1�8
� and recommended approval of the proposed variances based upon the following
findings:
1. The zoning lot does not meet lot area or width requirements. �
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2, Currently, all vehicles �e d nos odtor� drivewayehas been nstalled is no
garage on the property an
3, The 35' setback could be met, f hardco er ein the 75r ou250' lakeshore
result in a higher percentage o
setback.
� 4, The City Council fmds that the conditions existing on this propertY district;utha
to it and do not apply generally to other property in tlus zomng
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properry; 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•
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 10.03, Subdivision 14(C), Section 10.22,
Subdivision 2 and Section 10.24, Subdivision 5(B) to allow construction of a detached garage
requiring a variance for hardcover of 5% in the 75' to 250' lakeshore setback' to allow 30%
where 25% is allowed, a variance for structural coverage t f allow�the garage to be located 20�
is allowed and a variance for street yard setback of 1
from the street lot line where 35' is required.
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Approval is subject to the following conditions.
1. The pitch of the garage roof shall not exceed 10/12.
2. Prior to issuance of a building permit, drainage shall be redirected away from
the property to the north.
3. The 64 s.f. shed near the lakeshore must be removed upon fmal inspection of
the new garage.
4. No future variances to allow additional hardcover shall be granted to this
property.
5. 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 year of the date of Council approval, or this variance
will expire on that date (March 23, 1999).
6. 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.
7. 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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Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of March, 1998.
ATTEST:
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Linda S. Vee, City rk abriel Jabbour, May ,
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Pr perty Owners .
STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this 23rd day of
March 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 on behalf of the City.
� �MN� ,
° • JAMi�4GEMAR
.' ` NOTIVitY PUBIICr�NN�,S0A1
' • F�ICO�WTY
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`,••" ���������.�,� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) '
� On this 3�s� day of�n�l.t� 199 c� before me a Notary Public within
and for said county, personally appeared � . �� �
known to me to be the person(s) described in and who execu ed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
, �y.. U�✓�/
�;°v���• JAMIE L GEMAR
J1TN6• TA NOT PUBLIC
� ''` ' NOT�CO�M
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•�IIMP� 4• �C�����V.�
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�� �'�' . RESOLUTION OF THE CITY COUNCIL . .
� � � ��kESH04� . � � NO. —A-�� �—�— �
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
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