HomeMy WebLinkAboutResolution 4004 at s.. ,A.
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�e_ - CITY of ORONO
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�� �'�' RESOLUTION OF THE CITY COUNCIL
� �`�k'Esxo�`'� rvo. ��4 --
� A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
� SECTION 10.22, SUBDIVISIONS 1 AND 2
� � FILE NO. 2305
WI�REAS, Roger and Elizabeth Olsen (hereinafter "the applicants") are owners
of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the
City") and legally described as follows:
Lot 2, Block 2, Partenwood (hereinafter "the property"); and �
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of
the existing residence to include a four stall garage and additional living space located 34' from
the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance
• of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed as shown on
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2305.
2. The property is located in the LR-1B Single Family Lakeshore Residential .
. Zoning District requiring one acre in area. The property consists of 1.02 acre. J
3. The Orono Planning Commission reviewed this application on November 17,
1997 and recommended approval of the proposed variance based upon the
following findings:
1. The proposed additions would not further encroach on the OHWL. .
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2. The configuration of the lot severely restricts the allowable building pad.
3. The amount of hardcover in the 0' to 75' lakeshore setback would be
reduced from 20% to 15.3%. .
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 variances 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 applicants, but is necessary to alleviate a
demonstrable hazdship 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 10.22, Subdivisions 1 and 2 to allow the
remodeling and expansion of the existing residence located 34' from the OHWL where 75' is
required and hardcover of 4,415 s.f. (15.3%) in the 0' to 75' lakeshore setback where 5,815 s.f.
(20%) is existing and none is allowed. �
1. All plastic under landscaping must be removed in the 0' to 75' lakeshore setback
prior to any new construction.
2. No further variances will be granted to this properry in the future. .
� 3. Authorities granted by this variance run with the properiy 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 ori that date (November 24, 1998).
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4. 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.
5. 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 24th day of November, 1997.
• A EST:
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Dorothy M. al i , City Clerk Gabrie abbour, Mayor
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Prop rty Owner (s)
STATE OF MINNESOTA )
) ss. _
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
November, 1997 by Gabriel Jabbour 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. . . �
� �
°�" ��E���R Not � Public
�:;,, ` • NOTARY PUBUC-MIt�OTA
• S��M�• �CNINI�JiMI��LYW
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��L �G'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this_�day of ��e��¢.w 199'1 before me a Notary Public within and
for said county, personally appeared Qiiv,� � � .�� �
known to me to be the person(s) describe i d who execute the foregoing instrument, and
acknowledged that he (they) executed the same as his(their) free act and deed.
;�,.-.-.__.....,,.:....
� .:.>�•� .
�"'°°� JAMIE L.CEMqR �`J � �J
�`'" �` � NOTARY� NO Y PUBLIC
� � HE�N(N�EPNI Ct�!'ry
s • �//��.,,,�(
M "'J VYIIIIINJJ7{71������ .t . .
� 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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