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Home My WebLink AboutResolution 3916 �� . � O� • O O �� b. � C ITY of ORONO � ' ti 'ti RESOLUTION O� T�H i CGITY COUNCI L ��kESH.�4L�'G NO. - i I � ; A F��OL�JTaO�Y G13A1�TTIll�G ��ZIA1�t�ES , TO 1VI�CIPA�, �Ol`dIl'eTG CODE ; � S�C�Y�1�T fl0.03, S�DIVaS�Olv 9 (�) AND � . . � � S�CTi I�1�1 10.03, S�JBl)IVYSIOl� 9 (C) j FILE NO. 2233 W�Y2�AS, Walter Holzer (hereinafter "the applicant") is the owner of the property located at 1130 North Shore Drive West within the City of Orono (hereinafter "the City") and legally described as follows: ' That part of the W 1/2 of the NW 1/4 of Section 7, Township 117;,Range 23 West of the Fifth Principal meridian described as follows: Commencing at the � Northwest corner of said Section; thence Easterly along the Northerly line i thereof a distance of 402.5 feet; thence Southerly a distance of 2,124.4 feet . � along.the North and South line that will intersect the East and West.Quarter • Section line of said Section 7, 3965 feet East of the West Quarter post of said Section 7 which shall be the point of beginning; thence continuing Southerly along said line a distance of 100 feet; thence Westerly and parallel with the ' Northerly line of said Section to the Westerly line of said Section; thence % Northerly along said Westerly line to the intersection with a line drawn from the ' point of beginning parallel with the North line of said Secdon; thence East along '; parallel line to the point of beginnuig, according to the U.S. Government Survey ' thereof, Hennepin County, Minnesota (hereinafter "the properry"); and II W�iEb�AS, the applicant has applied to the City for variances to Municipal Zo:�ing Code Section 10.03, Subdivision 9-Accessory Buildings, (B)-Height Restrictions and Sectian 10.03, Subdivision 9-Accessory Buildings, (C-2)-Area Restrictions to permit the construction of an accessory structure 1,000 sq. ft. in size and 30' in height where 11' 6" in height is required. Variances for the height of an accessory structure to exceed the height of tlie principal residence are required. - � i . � loTOV6�, �I�R��ORE, �E I'T RESOI,VED by the City Council of Orono, � Minnesota: � � i , i • rage 1 of 4 I . � i � ' � °� � • � ° , . �b. - CITY of ORONO � ' ' ti y '� RESOLUTION OF THE CITY COUNCIL ��`9.kE p4�'G N O. 3 � 1 6 - � . SH i � �I1�TD�N�S � � � � i 1. This application was reviewed as Zoning File #2233. . . ; 2. The property is located in the LR-1B Single Family Lakeshore Residential ; Zoning District where the minimnrri lot area required is one acre. �� 3. The Orono Planning Commission reviewed this application on June 2, 1997 and � June 16, 1997 and recommended approval of the proposed variance(s) based upon the following unique findings and hardships: A. The zoning lot is .91 acres and does not meet the lot azea or width � requirements. � . B. The proposed accessory structure meets the yard setback requirement. . . • � . , C. The height of the principal structure is 11' 6". � ,I _ j D. The Zoning Code limits accessory structures to 1,000 sq. ft. on zoning I lots less than two acres in size. , ! 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 I� granting the variances would not adversely affect traffic coriditions, light, air nor !, pose a fire hazard or other danger to neighboring property; would not merely i serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial ; property right of the applicant; 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 fmdings and . . j recommendations of the Planning Commission, reports by City staff, comments � � by the applicant and the effect of the proposed variance on the health, safety and �' welfare of the community. , _ • Pa e2of4 g � i . , . , i � ��? � ' V • O O , � ��b� - . CITY.of ORONO ,� � � � ti '� RESOLUTION OF THE CITY COUNCIL ��kE H04�L NO. e� � �. s . ' � S i � � '� COI�tCI��JSIONS, 0�3TIZ A1�T13 �OI�ITIOI�S i � � Based upon one or more of the above fmdings, the Orono City Council hereby grants a height variance for a 1,000 sq. ft. accessory structure not to exceed a maximum height of 30' per Municipal Zoning Code Section 10.03, Subdivision 9 (B) and Section 10.03, Subdivision 9 (C) to permit construction of a 1,000 sq. ft. accessory structure not to exceed a maximum height of 30', subject to the following conditions: � I I l. Authorities granted by this variance run with the property not with the applicant, �I but are permissive only and must be exercised by application for a building �I permit within one year of the date of Council approval, or this variance will expire on that date (June 23, 1998). i � 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. I I i 3. Tlie 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 June, 1997. i A EST: ; ,, 1 , Dorothy M. alli , City Clerk Gab 'el Jabbour, May r � � � � --� O �; Property Owner (s) • I� Page 3 of 4 . I � . Y i. .��\. I . . I , � O� � O O . ,6. - CITY of ORONO � �� ' ti '�' RESOLUTION OF THE CITY COUNCIL �L�kE H��'�G NO. � � �. F . S I ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN� ) � . I , . ', The foregoing inshument was acknowledged before me on this 23rd day of June, 1997 by Gabriel Jabbour and Dorothy M. Ha11in, 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 :�� NOTARYPl1BLVC-MINNESOTA • � NBdNEPIN COUNTY S~�M{ � My Cammission Expires Jan.31,2000 ��-�� , No ' ublic STATE OF MINNESOTA ) i ) ss. • COUNTY OF HENNEPIN ) . . . . j On this �,�day of 199� before me a Notary Public within and for said county, personally app ed ��_ � known to me to be the person(s) described in and who execut the forego g instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. o=�_. JAMIE L.GEMAR �` '• NOTARY PUBIVC-MINNESOTA ��i:' : � .... ; HH�IN�IN COUNTY i, ,.. My Commiss{on Ex��n.31,2000 N Y PUBLIC 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. � � . II • ' NOTARY PUBLIC � . ' Page 4 of 4 � I � I