HomeMy WebLinkAboutResolution 4035 :�
�=0�,
. ,..
��
� �%� � �' ���,
�i/p p ��
;� � . - , ,�,�I C ITY of ORONO
��;�'t� p�i�� RESOIUTION OF THE CITY COUNCIL
���kESHO� NO. 4 � � :�'�
�__---�
�► RESOLUTION GRANTING A VARIANCE
TO �ItiNICIPAL ZONING CODE
SECTIO\' 10.22, SUBDIVISION 1(B),
FILE NO. #2320
- �VHEREAS, Mitchell and Asta Gersovitz (hereinafter "the applicants") ha��in�
an interest in the property located at 3650 Casco Avenue within the City of Orono (hereinafter
"the City") and legally described as follows:
Tract A, Rejistered Land Sur��ey No. 1137, files of Registrar of Titles, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zonin� Code Section 10.22, Subdi��ision 1(B) to permit the construction of a bay window over
an existino deck on the lakeside of the residence and a dormer over the attached garage that
are ahead of the avera;e lakeshore setback.
NO�V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was review�ed as Zonin� File #2320.
2. The property is located in the LR-1C Single Family Residential Zonin� District
requiring 1/2 acre in area. The property consists of 38,060 s.f. or .87 acre.
3. The Orono Plannin� Commission reviewed this application on February 17, 1998
and recommended approval of the proposed variance based upon the follo�ving
findin�s:
1. The adjacent lot to the south, 3630 Casco Avenue is considered a
lakeshore lot as the zonin� lot has a 20' strip that abuts the lake. The
location of the residence on this property places the entire residence on
TRANSFER ENTER�D the subject property ahead of the averaje lakeshore setback.
Fi�iNEP�N COUNTV TAXPAYER SERVICE6
Page 1 of 4
MAR � 1998
�Y
a
�_-�_
�, � -
•. , �% 7 O�\�\
�
�� ���;��'�,
. ��i C ITY of ORONO
46'
i 1'�,�,,, ti;
,,, � ,;
\ � G RESOLUTION OF THE CITY COUNCIL
�t9xESHOS�`-'�'i NO. � �� ,<i �
�`�,
the subject property ahead of the average lakeshore setback.
2. The additions will not further encroach upon the average lakeshore setback
or diminish existing views.
3. No other variances are necessary in the construction of the additions.
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 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 a variance to Municipal Zoning Code Section 10.22, Subdivision 1(B) to allow the
construction of a bay window over the existing deck on the lake side of the residence and a
dormer over the existing attached garage that encroach 61.6' and 38' ahead of the average
lakeshore setback where no encroachment is allowed and 83' is existing.
1. 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
�vill expire on that date (February 23, 1999).
Page 2 of 4
1
n :% /�—O��\\�
�, �' 11�' �y �
,i0 � O`�����
��� C ITY of ORONO ,
;, ,
,
',!11 � 'a• �
t�1� '
`��� G'�'�' RESOLUTION OF THE CITY COUNCIL �
\�9kESH04% NO. 4 � '� :.,�.
� , .
2. Violation of or non-corr.�li�:ncz ��.-iL� ar_� c= L��� t:-ms and conditions of this
variance shall constitute a �-iola�oL or tr_ zcnir._ code. shall automatically
terminate any authorit�� �-rar.tec ��re��. :�r,3 �:all b� punishable as a
misdemeanor.
3. The undersigned applicar.:s �a��e rza� 1L�3er=�od a.r.i hereb�- a��ree to the terms
of this resolution and en beralr o: �_rr��l���s. �'�eir h�irs. successors and
assigns, hereby agree to t1e recor�n� �r h:� :e��lu��n in tne Chain of Title of
the property.
Adopted by the City Cour.:.il of tr�_ C:n� _f �Orc-o, '�Tinnesota at a re�ular
meetino held on the 23rd day of Febn::ir��. 199�. �
ATTEST:
r
, �
— � e_�
Linda S. Vee, City Clerk C��_ �el .-�^�ou-. �fa}�
, �, r /'. . '�,�r_ . �
���� :� � � �-� � - ' -� r' �.
,Property Owner!(s) . `
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume�t �.�a� ac�:r;::��i_3�_:� ^�fe-e �e on this 2�rd day of
February, 1998 by Gabriel Jabbour ar:� Linda S. ��_.. '�1_,0� a.�: Cit}� Clerk of the City of
Orono, a Minnesota municipal corporat:on an� �:ii� _n��:-en: «��: e�ecL�zd on behalf of the
City.
r --�,:�� ��
':�� C�AROIE A.HASEMAN r ' _ ; ,
��.y NOTARY PUBUC-MINh:ESOTA � " � �"`
�+E�vNEP�NCCUNTY ��C:_�' :'1h_iC
_-�/ "'„r�cm��;ion f�pires,iao.31.2n!'0 -
. _�.__.. _f"i V=?�'�-?��.r,c'.'��=�;,_.�5�
. Paae 3 of'
!
—�
� � �� O \\
. j%� �,� .
,�O O�,
��i ��.� - ,� ,�;!q C ITY of ORONO
� ,
ti �
������ p'�i�� RESOLUTION OF THE CITY COUNCII
\�kESHO�� NO. _� �l �; �-�
_-_-- '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this:.`�f� day of i-�-1-, . : . � , 199 's before me a Notary Public within and
for said county, personally appeared �-i,f:�, �i��_ �;,�•. ;f�-. rr,;; ��;,,� f,• �-�;� c'=*�,��. .t�.
known to me to be the person(s) described in and who executed the foregoing instrument, and
acl:nowledged that he (they) executed the same as his (their) free act and deed.
� �^�, CAROLEA.HASEM�p,N^��`�' � t� `��.. l�. ��.� :�r.�.�.-
; • ,, NOTARYPUBUGMiP��;ESOTA NOTARY PUBLIC
i '•.;e�' FIENNEFIN COUNTY
�, ,T}Y Crmmission�ypires J�n 31.2�00
�,,...�.. _._. �c^e.e.�.e�,,,.-�:�,�-......:�:�—.<�
ST�TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�r, t� day of ,=r � , ; : , „ , 199>_before me a Notary Public within and
for said county, personally appeared /`;•_a: ,, : '� ,, , �•, �-, � �;. '� s „ ., `-
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.
--,.j , -
�_--�,.. , ,
._ CAROLE A.HASF_ti1P,N ' • /:'�
^ � ,� y��
:�;-�: �o;a�YPuauc-rm�� �;cra NOTARY PUBLIC
HE�INEFIN CCUNTY �,�
� . F,,y Cr,r�R�ic�icn Expi'?s Ja�.31.2���0
, : , __':��__. ,. ..._.._..,....�_..:::-:��
Page 4 of�
�
.
RESOLUTION # '4 � � ��
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing 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 February 23. 1998 , and that the
same is a true and correct copy of said resolution duly adopted by said Gity Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 24th day of
Februarv , 19 �.
� .
, �
���v . C��-�
Linda S. Vee, City Clerk
(SEAL,) .
►
�� r
� \
< C� Registrar of Titles, Hennepin,MN
�� Date Filed: 04/02/1998 04:00 PM
� As Doc#: 3000541.0 Copy
T�, On CT#: 77�t90.0.
\
� v
�