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Home My WebLink AboutResolution 3998 a• _ i � O I � O O � �b. - CITY of ORONO � � F �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�S�`'�' NO. � � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 6(B), FILE NO. 2309 . WHEREAS; Paul Larson (hereinafter "the applicant") having an interest in the properiy located at 3865 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: See E�chibit A for the property description (hereinafter "the property"); and . WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 6(B) to allow the lot area to remain at .35 acre where .5 acre is required and a lot width of variance of 38.5' to allow lot widths of 61.5' and 34' at � the 75' lakeshore setback and the 929.4' ordinary high water mark, respectively, to permit the construction of an 1,800 s.f. residence with a porch, attached garage and driveway. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS " � 1. This application was reviewed as Zoning File #2309. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 15,193 s.f. or .35 acre. . 3. The Orono Planning Commission reviewed this application on October 20, 1997 and recommended approval of the proposed variances based upon the following findings: . 1. The lot was platted prior to current zoning district requirements. . Page 1 of 5 .� 0,�. � O O �b. - CITY of ORONO � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESHOg'� NO. � 9 9 � � 2. The proposed residence and driveway will meet all setback and hardcover requirements. � 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 6(B) to permit construction of an 1,800 s.f. residence. Approval was subject to the following conditions: 1. The 25% hardcover requirement in the 75' to 250' lakeshore setback shall be met. 2. A vehiculaz turnaround area at least 12' wide and 16' deep is required for safety reasons, per the City Engineer. � 3. Authorities granted by this variance run with the property not with the applicants, but are pernussive 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 (November_10, 1998). � 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. Page 2 of 5 , � O� • O O ��b_ - CITY o� ORONO � , � .. . �� G'�' � RESOLUTION OF THE CITY COUNCiL � ��kESH�g'� NO. 2� � 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 lOth day of November, 1997. ATTEST: � � - � � ,/�� / x�-, City Clerk Gabrie Jabbour, Mayor �.:f�da . V� p�„ty . c��-�.-n . l.c�-.S • Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument wa��askn�wledged before m on+this l Oth day of November, 1997 by Gabriel Jabbour and I��e�3�-#�-�1�, Mayor an�ty''Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. o..�.., CAR � �°,,�S��t1�22�'-�✓ < �., OLE A.HASEMAN Notary Public ' • � NOTARYPUBLIC•MINNESOTA • � '' ' � HENNEPIN COUNTY e � : �. `��•'° My Commissian Expires Jan.31,2�0 • Page 3 of 5 c . . � . ' � O� • O O �b- - CITY of ORONO � � �� G'�' . RESOWTION OF THE CITY COUNCIL . . �`9$ESH�g'� . NO. � 9 � � . ' � � . STATE OF MINNESOTA ) � ) ss. . � COUNTY OF HENNEPIN ) On this �day of Cv1u,c � , 1998 before me a Notary Public within and for said county, personall appeared ,��, e��'��o�r / 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. � �°��/� ` '"` LINUA S.VEr NOTARY PUBLIC .�1. ' '.N�.�;• NOTARY PUBLIG�viiNNESOTA • .�.l,'•.�, HEIJNEPIN COUNTY o;��. �.,.;..• My Commission 6cpires Jan,31,2000 STATE OF MINNESOTA ) ° � ) ss. � COUNTY OF HENNEPIN ) On this �day of �r rn � , 199�before me a Notary Public within and for said county, personally appeared � ti/P „ �c�h n�,c rv�i 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. . ;,.;.,.r•;, � CAROLE A.HASEMAN � . , � �q� � N07ARY PUBL{C-MINNESOTA NO Y PUBLIC . 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