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Home My WebLink AboutResolution 3939 • —04 O n CITY of ORONO G�i^l+� / RESOLUTION OF THE CITY COUNCIL ESNO. TRANSFER ENTERED HENNEPIN COUNTY'+(PAYER SERVICES A RESOLUTION GRANTING A VARIANCE TO JUL 7 1998 MUNICIPAL ZONING CODE .. _• SECTION 10.22, SUBDIVISIONS 1 AND 2 � ONPUTAND SECTION 10.24, SUBDIVISION 5 FILE #2265 WHEREAS, Graydon K. Newman and Michelle M. Newman (hereinafter "the applicants") are owners of the property located at 1655 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance from Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 to allow removal of an existing residence to construct a new residence. Variances for hardcover in the 0-75' lakeshore setback where 3,132 sq. ft. (12.3%) is existing and 3,120 sq. ft. (12.3%) is proposed where none is allowed: hardcover in the 75-250' lakeshore setback where 11,606 sq. ft. (26.8%) is existing and 11,603.5 sq. ft. (26.8%) is proposed and 10,825 sq. ft. (25%) is allowed; average lakeshore setback to locate behind the 75' lakeshore setback ahead of the average lakeshore setback where approximately 130' is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2265. 2. The property is located in the LR-1B, where the minimum lot area requirement is 1 acre. Page 1 of O O 0.47 • CITY ®f ORONO K1/4 3,4,,y. �G , RESOLUTION OF THE CITY COUNCIL ESHNO. e 3. The Orono Planning Commission reviewed this application on July 21, 1997, and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The zoning lot meets the minimum lot area requirements. B. The zoning lot is located on a peninsula is irregular in shape. C. There are mature trees on the lot that the property owner wants to preserve. D. Variances were previously granted for hardcover to change the shoreline where there is steep topography. 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 above findings, the Orono City Council hereby grants an average lakeshore setback and hardcover variances in the 0-75' and 75-250' lakeshore setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 to permit removal of an existing residence to allow construction of a new residence ahead of the average lakeshore setback and behind the 75' lakeshore setback, subject to the following conditions: Page 2 of 4 /s ) ' CITY of ORONO \V$4 \ IA �,� RESOLUTION OF THE CITY COUNCIL \\9kESHOg4 NO. 3939 1. Authorities granted by this variance run 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 28, 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 28th day of July, 1997. ATTEST: ">is t?: �! Rerethy-J', :-Hallin, City Clerk Ga. iel Jabbour, May LT f r ( c<4, )A ,f .A4 (" "7//e---1-"" Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrment,twas acknowledged efoy me on this 28th day of July, 1997, by Gabriel Jabbour & Dorothy-M.-Hallin, Mayor & Oty Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. GARGLE A.HASEMAN NOTARY PUBLIC-MINNESOTA .i HENNEPIN COUNTY ` (�i C : ( < t r • (t,:'r---/e i� 'i.. My Commission Expires Jan.31,2000 i Notary Public Page 3 of O _ ��. CITY of ORONO C�<9 VCI P �G~ RESOLUTION OF THE CITY COUNCIL 4 kESH- NO. 9STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /.. -t'‘ day of_ , 199 S , before me a Notary Public within and for said County, personally appeared AeJIe I-l. !Jewmen nut rej-rd, 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 ` ( ;I� :' '.46:t. NOTARY PUBLIC-MINNESOTA �"g`"( ' �� NENNEPIN COUNTY Notary Public My Commission E _ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this j +y+ day of / 199 �' before me a Notary Public within and for said County,personally appeared(._' Y<<z (ha► r '�-c�. 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. C;:e' ,,,-,/`; 251.,/ Notary Public CAROLE A.HASEMAN NOTARY PUBLIC-MINNESOTA S. '' ;• HENNEPIN COUNTY My Commission Expires Jan.31,2000 Page 4 of 4 • • RESOLUTION # 3 9 3 9 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 meeting of said City Council held on July 28 , 19 97, 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 29th day of July , 19 97 . ; . • XitcLezz;t. orothy M. tin, City Clerk (SEAL) Registrar of Titles, Hennepin, MN Date Filed:07/07/1998 04:00 PM n 0 As Doc#:3048792.0 Copy .04 On CT #: 773135.0.