HomeMy WebLinkAboutResolution 4033 r V
f � . '.
� O�
� � . � � f ORONO
• CITY o
b`
� �
�,� Gti . RESOLUTION OF THE CITY COUNCIL
,,
. �`9kESiIOg'�' . NO.� � � � � �.
' A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
I SECTION 10.03, SUBDIVISION 9(D),�SECTION 10.24, SUBDIVISION 5(B) AND
! SECTION 10.56, SUBDIVISION 16(C2) AND .
A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 10
FILE NO. #2312
'; • WHEREAS, Claus Weiler and Renee Meerkins (hereinafter "the applicants") are
i
� the owners of the property located at 1135 North Arm Drive withm the City of Orono
� �
` (hereinafter "the City") and legally described as follows:
i
Lot 6 and Lots 20, 21, 32 and 33 and the South 14.5 feet of Lots 22 and 31
� Skarp and Lindquist's Fernhill (hereinafter "the property"); and
' � WHEREAS, the applicants have applied to the City for variances to Municipal
'� Zoning Code Section 10.03, Subdivision 9(D), Section 10.24, Subdivision 5(B) and Section
10.56, Subdivision 16(C2) and a conditional use permit per Section 10.03, Subdivision 10 to
I permit the construction of an additional acces�ory structure located in front of the principal
! structure on a through lot and the construction of first and second level decks on the rear of
the existing residence that encroach into required bluff and street setbacks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: -
FINDINGS
! 1. This application was reviewed as Zoning File #2312. _
I .
I 2. The property is located in the LR-1B Single Farriily Lakeshore Residential
I Zoning District requiring 1 acre in area. The property consists of 46,755 s.f. or
� 1.07 acres. The platted Elmwood Avenue separates the building site from the
� lakeshore lot which results in a contiguous building site of 36,455 s.f. or .84
i
acre.
jPage 1 of 5
��
�
i _ . �
� � °�
� o ,o
��b. - CITY of ORONO
� ti
'�' RESOLUTION OF THE CITY COUNCIL
�. ��`9$E p4��'G � � NO. 4� � � � _�: .
- SH
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 9(D), Section 10.24,
Subdivision 5(B) and Section 10.56, Subdivision 16(C2) and a conditional use permit per
Section 10.03, Subdivision 10 to allow the construction of a garage 159' from the front lot line
where the principal structure is located 216' from the front lot line where no accessory
structures are allowed to be located nearer to the front lot line than the principal structure and •
allowing construction of an accessory structure on a through lot. The construction of the first .
and second level decks on the rear of the residence require a bluff setback variance of�19' to �.•
allow the decks to be located 11' from the top of the bluff where 30' is required and a street �
setback variance of 7' to allow the decks to be located 28' from the platted Elmwood Avenue�
where a 35' setback is required.
. l. As a condition of approval, the 8.8' by 10' shed encroaching into the neighboring
property to the north must be removed prior to the issuance of a building
� permit.
2. 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 (February 23, 1999).
, 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.
• Page 3 of 5
� °� � �
� o 0
�e. - CITY of ORONO
� �
ti
�� G'�' RESOLUTION OF THE CITY COUNCIL
L9kESHOg'� � NO. � � � e� "�
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of February, 1998.
ATTEST:
�, v _
Linda S. Vee, City Clerk Gabri Jabbour, May �
. � ��
Property Owner (s) �
t
STATE OF MINNESOTA )
� ) ss. �
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
February, 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.
°'�"`' JAMIE L.GEMAR t Public
r�•• � :
. _. � NOTARY PtJBL{C.MINNESOTA
- ' HENNEPIN COUNTY
`„"`••' MY Commissfon �
Explres Jan.31,20pp =•
, S:r.'�i���• .+'-
� Page 4 of 5
� . . •
. , . �
� O�
• O O
��d. - CITY of ORONO
� � �.,
ti
��� �G'�' RESOLUTION OF THE CITY COUNCIL
. �kESH�g' � NO. ��� �_-� •
STATE OF MIlVNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �`� day of , 199�,before me a Notary Public within and
for said county, personally appeare �-e�u.o ��;,P��v �� �
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.
4
. .. ^ 't"�?.'.
� °'"' JAMIE L.GEMAR � �
� =�"' � NOTARY PUBLIC•MINNESOTA NO Y PUBLIC
' ' � � HENNEPIN COUNTY
' ' `,�•�''� My Commissian Expires Jan.31,2000
�.�
� STATE OF MINNESOTA ) �
, ) ss.
COUNTY OF HENNEPIN ) ..
On this 7�" day of �� , 199 8 before me a Notary Public within and
for said county, personally appeared RPnQ�e N�erK�h�., r►,� �,�rr���l,
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.
� ��•. CAROLE A.HASEMAN
q�` • NOTARYPUBLIC-MINNESOTA �a��
';!.;A~'•' HfiNNEPIN COUNTY ' � �O� �� �� ' �
���•••°� My Commisslon Exp(res Jan.31,2000 NOTARY PUBLIC ,
�
Page 5 of 5