Loading...
HomeMy WebLinkAboutResolution 4037 0 4 :,\ CITY of ORONO ll�A1 7 \ la•SHlir G~ RESOLUTION OF THE CITY COUNCIL �-kE Ogg NO. 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.25, SUBDIVISION 6(B), FILE NO. #2337 WHEREAS, Scott Young (hereinafter "the applicant") is the owner of the property located at 3359 Crystal Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 12, Wallaces Addition to the Village of Minnetonka Beach (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.25, Subdivision 6(B) to permit the construction of a second story addition over a portion of the existing residence that encroaches into the required side and lakeshore setbacks. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2337. • 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring 1/2 acre in area. The property consists of 6,562.75 s.f. or .15 acre. 3. The Orono Planning Commission reviewed this application on February 17, 1998 and recommended approval of the proposed variances based upon the following findings: 1. The addition would be constructed over a portion of the existing residence that does not meet side or lakeshore setback requirements. TRANSFER ENTERED HENNEP N GOUNrY TAXrIiEi SEfillite Page 1 of 4 MAR ^' 12-18 BY A /1 �%' rpewiL ,,;',Vv 0 4.\\ /7O O CITY of ORONO \ 1 it�� mooC'i,, RESOLUTION OF THE CITY COUNCIL � NO. A 2 7 2. The proposed second story addition would not further encroach on the required side and lakeshore setback requirements. 3. The height requirement would be met. 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 variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.25, Subdivision 6(B) to allow a side setback variance of 3' and a lakeshore setback variance of 1' to allow the addition to be constructed over a portion of the existing residence that is located 7' from the side lot line and 74' from the OHWL where 10' and 75' is required, respectively. 1. Authorities granted by this variance run with the property not with the applicant, 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). 2. 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. Page 2 of 4 ./-ip,, 04i. �O O CITY of ORONO i �� c.,�/' RESOLUTION OF THE CITY COUNCIL \t9kESH04 '/ NO. ii. 0, n 7 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees 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 23rd day of February, 1998. ATTEST: e G-/!d' ' / (/ -C ' Lindayee, City Clerk Gabr -1 Jabbour, Ma r /c; 7iT— \')\ '\061 (21,1.V *. loperty Own s) 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. A ,„ '�1 CAROLE A.HASEMAN ,_ , / /, c,„.....,,,,,......„...„ =4. NOTARY PUBLIC-MINNESOTA 1 Notary Public ",,,\'‘ • HENNEPIN COUNTY My Commission Expires Jan.31,2n00 Page 3 of 4 // 10%,)I O 4\\ O O� gyp- CITY of ORONO i� wos 4,c / RESOLUTION OF THE CITY COUNCIL 9kE5 � NO. A STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this S/4I day of -Fe hrLc / , 199T before me a Notary Public within and for said county, personally appeared ,it Yi „qq n)c rr,ccl tt 1,,,,;ck `1' c .J 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 NOTARY PUBLIC-MINNESOTA ti NOTARY PUBLIC HENNEPIN COUNTY `,•-" My Commission Expires Jan.31,2(100 ti STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,;'Sµ' day of Fe h rt <ary , 199 25' before me a Notary Public within and for said county, personally appeared l'-iml,rr, rrfcJ to ��ntt `f Or y,y 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 • NOTAAYPUBLIC-MINNESOTA NOTARY PUBLIC •s ., HENNEPIN COUNTY My Commission Expires Jan.31,2(100 Page 4 of 4 RESOLUTION # Q 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 City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th day of February , 19 98 . Linda S. Vee, City Clerk (SEAL) Th'? Il /4p 1/72x/ • 0-171./2//)/// �•� �� � Registrar of Titles, Hennepin,MN Date Filed: 04/02/1998 04:00 PM As Doc#: 3000527.0 Copy On CT#: 844736.0.