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Home My WebLink AboutResolution 3927 O O - CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kES1404� NO. 3927 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE #2252 WHEREAS, Warren Bielke and Christine Bielke (hereinafter "the applicants") are owners of the property located at 2565 Dunwoody Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 11 and that part of Lot 12, Block 8, Townsite of Langdon Park, Hennepin County, Minnesota, according to the recorded plat thereof, lying northwesterly of a line described as beginning at a point in the northeasterly line of said Lot 12; distant 39.5 feet southeast from the most northerly corner of said Lot 12; thence southwesterly parallel with the northwesterly line of said Lot 12 a distance of 188 feet; thence deflect right 8 degrees 35 minutes 35 seconds a distance of 147 feet, more or less, to the shore line of Lake Minnetonka and said line there terminating (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow an existing 2.5 car garage to be expanded 6' on the lake side and 4' on the entrance side to allow space for three vehicles. Variances for average lakeshore setback and hardcover are required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2252. 2. The property is located in the LR-IC, where the minimum lot area requirement is 1/2 acre. TRANSFER E1; HENNEPIN COUNTY T.4XuA,IgR Page 1 of 4 AUG 22 1 ! H 6tff-ou�, BY 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL t9kES140 NO. 3 9 27 3. The Orono Planning Commission reviewed this application on June 16, 1997 and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The zoning lot conforms to lot area and yard requirements. B. The existing residence is partially located forward of the average lakeshore setback. C. The applicants have removed plastic under the landscaping and existing hardcover is less than previously approved for the variance to allow the pool. (File No. 1574, Resolution No. 2860). D. The proposed addition to the garage will not impact lake views for adjacent property. 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 variance 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 following above findings, the Orono City Council hereby grants an average lakeshore setback to allow a 6' addition to the lake side of the existing garage and a hardcover variance to allow no more than 35.6% (10,348.92 sq. ft.) where Page 2 of 4 0 0 CITYof ORONO RESOLUTION OF THE CITY COUNCIL ��9kESH0NO. 3927 34.95% (10,160 sq. ft.) is existing and 25% (7,267.5 sq. ft.) is allowed per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, subject to the following conditions: 1. Authorities granted by this variance nun 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 will expire on that date (July 14, 1998). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. 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 Orono City Council on this 14th day of July, 1997. AST: /1" .4 . --- ____3 Dorothy allin, City Clerk Gabn 1 Jabbour, May Property Owner(s) STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of July, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 7 1 LINDA S.VEE Notary Public NOTARY PUBLIC MINNESOTA HENNEPINCOUNTY M1,Commission Expires Jan.31,2000, Page 3 of 4 �o 0 0 CITY of 0 ON RESOLUTION OF THE CITY COUNCIL H0 NO. 3927 S STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 5day of %u 199 'I , before me a Notary Public within and for said County, personally appeared (,�,��r�='�� f�'-'r IIce 'n 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. i L=COUNTY �c NOTARY14eA." HENotary Public My Commis00 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this S 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 LINDA S.VEE NOTARY PUBLIC-MINNESOTA ° HENNEPIN COUNTY My Commission Expires Jan.31,2000 Page 4 of 4 RESOLUTION # 3. 9 2 7 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, 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 l held on 1997eLmand othat the same is af said City otruel and correct July 14 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 day of T„T;z , 19—L. orothy M. , City Clerk (SEAL)•) 2�3�138 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY.MINNESOTA CERTIFIED FILED ON AUG 2 21997 ONO. el.- , REGISTRAR OF TITLES 8Y DEPUTY .r4✓GG.