HomeMy WebLinkAboutResolution 3942 5, �-�i� ,� '.' ' .
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�b. � C ITY of ORONO
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, �� � RESOLUTION OF THE CITY COUNCIL
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A �SOLU�TIOlV GI�ANTI1o1G
. A VARIANCE 'TO � .
. MIJNICIPAL ZONIlVG CODE � .
SECTION 10.56, SUBDIVISION 16 (C)(1)
FI�.E #2273 �
�VHE�2EAS, Morgan Nelson (hereinafter "the applicant") is owner of the
properry located at 3145 Jamestown Road within the City of Orono (hereinafter "City") and
legally described as follows:
Exhibit A attached (hereinafter "the property"); and
• WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.56; Subdivision 16 (C)(1) to permit the construction of a gazebo to
the located 131' from the ordinary high water level of Classen Lake where a 150' setback is
normally required.
NOW, TH�R�FORE, B� IT RESOLVED by the City Council of Orono,
Minnesota:
� �INI)INGS
1. This application was reviewed as Zoning File #2273.
2. The property is located in the RR-1B, Single Family Rural Residential Zoning
District. .
3. The Orono Planning Commission reviewed this application on July 21, 1997, and
on a vote of 5-1 recommended approval of the proposed variance based upon
the following fmdings: �
' A. The proposed gazebo will be located frurther from the lake than the ,
existing residence and adjacent homes.
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'� RESOLUTION OF THE CITY COUNCIL
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� B. The applicant's residence and two adjacent residences were constructed
� prior to the 150' setback requirement. The proposed gazebo will
encroach no nearer the lake than the existing residence.
C. The existing driveway location lunits the possible locations for a
gazebo in the northwesterly half of the property.
D. The proposed gazebo location will have little or no impact on views
enjoyed by the neighbor to the north. �
4. The City Council has considered this application including the findings and
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.
�5. 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 tr�c conditions, light, air nor
pose a fire hazard or other danger to neighboring properry; would not merely
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.
CO1vTCLUSIONS, ORY)�R AND COIttI�ITIOIoTS
Based upon the above findings, the Orono City Council hereby grants a variance
. to Municipal Zoning Code Section 10.56, Subdivisions 16 (C-1) to permit the construction of
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��b. - C ITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
���kESH�4��'� �. . NO. �_�` - � .
a gazebo at 131' from the OHWL of Lake Classen where a 150' setback is normally required,
subject to the following conditions:
1. , The proposed gazebo sha11 be located to meet the minimum side setback
requirement and be placed at the location proposed in the site plan attached as
E�iibit B. .
2. Authorities granted by this vaziance run with the property not with the applicant,
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).
� • 3. 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.
4. The 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. �
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'� RESOLUTION OF THE CITY COUNCIL
��`9kESH�4��'G NO. e� � 4 2
Adopted by the�Orono City Council on this 28th day of July, 1997.
A EST:
,
Dorothy M. all n, City Clerk Gabri Jabbour, Mayor
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rope O er(s) � �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing insfiunent was acknowledged before me on this 28th 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.
� � � ��
o =�•, LINDA S.VEE otary Public
;��0 ` � NOTARYPUBLIC-WIINNESOTA
' • =� ' HENNEPIN COUNPI . , .
,� :-�. .
�,..��° My Commission Expires Jan.31,2000 �
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�b. - CITY of ORONO
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'ti . RESOLUTION OF THE CITY COUNCIL
���kESH�g'�G NO. e4 � �,�
STATE OF MINNESOTA )
) ss. ��
� COUNTY OF HENNEPIN ) � � �
On this � day of rrt -� , 199 7 before me a Notary Public within
and for said county, personally app red Mo�z,r.�� N-els�� � }�ar�en �e�so!'I
known to me to be the person(s) described in d who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
o =��., LINDA S.VEE �2�� �, ��QJQ�
` NOTARY PUBLIC-NIINNESOTA '
`���'•;-,.' HENNEPINCOUNTY NOTAR�' PUBLIC
�
•,�•••° My Commission E�cpires Jan.31,2000
r 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
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• � • EXHIBIT A
RESOLUTION N0. 3942
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LEGAL DESCRiPTlON OF PREl�AfSES : .
Lot 2. Bfock �, CAMEtOT �
E�CEPT� that part of said_ Lot 2. described as follaws .
. Cvmmeneirig at .the most easterty corner, of said Lot 2; thence South 26 degrees West along
the .so�theasterly� line of said Lot 2 a distance of 198.33 feet to the point of beginning of
fhe exception being described; thence South �47 degrees West o distance of 54.1Q feet;
� �thence.South 26 degrees West to the shore of. Laice Classen; thence southeasterly along said �
shoreline to the intersection with o �(ine drawn South 26 degrees West from the point of .
begi�ning; ihence North 26 degrees East along soid last described line to the point of beginning.
• ALSO . . . � . . .
That part of Lot 3, Blo.cfc 1, LtBERTY ACRES described as fdlows: �
. Beginning at tlie .most easterly corner of Lot 2r Block 1. CAMEL.OT;. thence South� 26 degrees�
West along the southeasterly tine of said Lot 2 ,�a .distance of 198.33 feet; thence Nor�h .
47 degrees East a distonce of t23.90 �feet; therice Nlorth 14 dec�ees East to the Nvrth tine
, of said Lot 3; thence westefly along said north, tine to the point of.beginning.
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