HomeMy WebLinkAboutResolution 3997A • }
.f .� n.
� O�
O O
� ��b. - CITY of ORONO
� �
ti
��� ��'�' RESOLUTION OF THE CITY COUNCIL
- �kESH04� . NO. e`� � 9 `� �
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZOIVING CODE
SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5,
FILE NO. 2283
WHEREAS, Gary and Bonnie Birnbaum (hereinafter "the applicant") owners of
the property located at 2695 Kelly Avenue within the City of Orono (hereinafter "the City")
and legally described as follows: .
Lots 1 and 2, Block 1, Carman Cove (hereinafter "the properry"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 2 to allow the lot area to remain at .52 acre (.38 acre
contiguous) for Lot 1 and .62 acre for Lot 2 where 1 acre is required and lot width variances
• of 42' for Lot 1 to allow the lot widths of 98' at the 75' lakeshore setback and 111' at the
929.4' ordinary high water mark are required. A lot width variance of 75' for Lot 2 to a11ow
lot widths of 106' at the 75' lakeshore setback and 65' at the 929.4 ordinary high water mark
where 140' is required. A hardcover variance of 3.6% to allow the existing 28.6% hardcover
to remain where 25% is allowed to allow Lot 1 to be considered a buildable lot is also
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2283. � '
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. Lots 1 and 2 together consist of
49,504 s.f. or 1.14 acre (43,704 s.f. or 1 acre contiguous). Lot 1 is .52 acre ,
(.38 acre contiguous) and Lot 2 is .62 acre.
3. The Orono Planning Commission reviewed this application on October 20, 1997
• Page 1 of 5
� O�
O O
� �b. - C ITY of ORONO
� � .
�� G'�' RESOLUTION OF THE CITY COUNCI L
" � . �`�h'Esxog'� � rvo. 3 � � 7 l� .
and recommended approval�of the proposed variances based upon the following
findings: '
l. The lots of record were platted prior to current zoning district
requirements.
2. The lots are separate tax parcels.
3. Both lots have been assessed separately for sewer and water.
4. Variances for lot area for Lots 1 and 2 and a hardcover variance for Lot ,
2 was granted in 1987 to allow Lot 1 to be considered buildable.
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 tr�c 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 2 and Section 10.24, .
Subdivision 5 to permit Lot 1 to be considered a buildable lot as shown on Exhibit A.
Approval was subject to the following conditions:
1. No further variances shall be granted to either Lot 1 or Lot 2.
• 2. Authorities granted by this variance run with the property not with the
Page 2 of 5
� o�
0 0
� �b� - CITY of ORONO
� � �
�� �'�' RESOLUTION OF THE CITY COUNCIL
L � rvo. 3 99 7 �
. � �kESH�g' . .
applicants, but are permissive only and must be exercised by application for a
� building pernut within one year of the date of Council approval, or this variance
will expire on that date (November 10, 1998).
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.
+
• Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the lOth day of November, 1997.
A ST:
,
� .
Dorothy M. a lin, City Clerk Gab 1 Jabbour, Mayor
�
,
Prope Owne (s) � �
STAT OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this lOth 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.
�.���. �' .���.� �
• �°.'.`:• CAROLE A HASEMAN Notary Public
` NOTAAY PUBIfC-MINNESOTA
:�';�';' HENNEPlN COUNTY
`,�••• MyCommissianExDfresJan.31,Zn00
Page 3 of 5
� °�
0 0
� �b. - CITY of ORONO -
� � �
. �� �'�' RESOLUTION OF THE CITY COUNCIL
L�kESH�g'� � � � � NO. � 9 9 "� d� . � . : �
STATE OF MINNESOTA )
) ss. . �
COUNTY OF HENNEPIN )
On this�day of ��,�em.��r , 199'� before me a Notary Public within and for
said county, personally appeared��,�, �r„�;�n�e '�►,�a-�m �j>>4���d� N�%-FP�
known to me to be the person(s) desc ed 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 �l /` ��
�!� �';�:�,�� NOTARY PUBUC-MINNESOTA ��6 y�� v -��-���
e;^f:-,: HENNEPIN COUNTY NOTARY PUBLIC
~r�•••• My Commiss(on Expires Jan.31,2�00 .
•
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
• Page 4 of 5
, , . :
� O ' Y
. O O . .
� � CITY of ORONO
b` ^
� i � • '
�
�� �'�' RESOLUTION OF THE CITY COUNCIL
� L�kESHOg'� NO. e� � � � A ��
. \ �
� �' ;, �xG;b��
' o ti•�,`=-
� _ } � \ .
� � . /� d�,,r+,. F��} ,; .
� '
�/ �d� ,r"p ,\
. / Od�� '�'��M1, \ 46 \�—
� F
C' '4, �GF.
e oR �: �a
<
� . / a � .,
� -;
, �� • •;i �
� � . , �
, - �
� -----�= '' �r
� ' �M� '� I�\ ` /�
i•�� S 1
. 't � `n N.'f.9 i4r��1 � � ` `♦
��� 1
, 4„ I`I ~ f �
. Y�J —��'C�LT'� i ' �
� �.�ll
� : �� --�� 1 � r
, °' �, . �� 1\` i .
. • � -- ���.�
, �
a
, . . �Mli• � .
• . ��..=�y` ��.*.�, . .
. ` \,, ',•y `� II
., � ; .
I .
-c� � \� ' :
�.
—� ' °� �
-� �}..� -�� -� '
p� a �f^ �' � � �'..
. � " 'r.ea� ''� � � tl �.I �' .
� �' e o�(0 i ��� �
1 � �0� Q I. I
� � � . o . r 1 •, ..
� � p � II
r-- ,.._, . �
0 0 ��° - I �
� -+. -� �:� O I
� � N ; =.°`� ' I I
. rt ,� � J ln � �
� � � � I = •
v> l i
. � � o � '� /%/ :%� � .
/ �
;n ;� '� /� , �i
1 . � � :� �� ,,
i
� r ;
•