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Home My WebLink AboutResolution 3969 .i. _� � . � �� . . • � 0 ,b. - C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL � �L`q.t�E H.p4��G N O. 3 9 6 9 . � S A RESOLUTION GRANTING VARIANCES TO �l�IU1VICIPAL ZOTTING CODE SECTION 10.03, SUBD. 14(C) AND SECTION 10.25, SUBD. 6(B) FILE #2285 � WIiEREAS, John Latterelle (hereinafter "the applicant") is the owner of the property located at 3505 Livingston Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 4, Navarre Heights (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal � Zoning Code Section 10.03, Subd. 14(C) and Section 10.25, Subd. 6(B) to allow a 10' by 20' deck addition with a 4' wide landing and stairs encroaching 9.8' into the required front setback • of 30' and raising the percentage of structural coverage on the property to 25.6% where 22% is existing and 15% is allowed. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #2285. � 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 6,725 s.f. or .15 acres. 3. The Orono Planning Commission reviewed this application on September 15, 1997 and recommended approval of the proposed variances based upon the following findings: . A. The subject property does not meet lot width or area requirements. . Page 1 of 5 �A * .. , � O� • O O �b. - C ITY of ORONO � ti . � � �'ti RESOLUTION OF THE CITY COUNCIL � ��kESH�4�' NO. e� 9 6 � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 14(C) AND SECTION 10.25, SUBD. 6(B) FILE #2285 . WHEREAS, John Latterelle (hereinafter "the applicant") is the owner of the property located at within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 4, Navarre Heights (hereinafter "the properly"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subd. 14(C) and Section 10.25, Subd. 6(B) to allow a 10' by 20' deck addition with a 4' wide landing and stairs encroaching 9.8' into the required front setback of 30' and raising the percentage of structural coverage on the property to 25.6% where 22% • is existing and 15% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2285. 2. The properry is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in azea. The properiy consists of 6,725 s.f. or .15 acres. . 3. The Orono Planning Commission reviewed this application on September 15, 1997 and recommended approval of the proposed variances based upon the following findings: � A. The subject properly. does not meet lot width or area requirements. • Page 1 of 5 � ,. O � � . • O O . �e. - CITY of ORONO � ' ti � �'� RESOLUTION OF THE CITY COUNCIL � L�kESH�4� NO. e� 9 G 9 B. There is only one means of egress from the existing residence for means of fire escape at the present time. 4. The City Council fmds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 variances to Municipal Zoning Code Section 10.03, Subdivision 14(C) and Section 10.25, Subdivision 6(B) to permit construction of a 10' by 20' deck with an additional 4' wide landing and stairs as shown on Exhibit A. Approval was subject to the following conditions: 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 wiflun one year of the date of Council approval, or this variance will expire on that date (September 22, 1998). 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. � Page 2 of 5 � °� . • o o . �b. - C ITY of ORONO � � � G'ti� RESOLUTION OF THE CITY COUNCIL . �`�kEsxo�'� No. �� 9 6 9 . 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 properry. � Adopted by the City Council of the City of Orono, Minnesota at a regular ' meeting held on the 22nd day of September, 1997. ATTEST: � � (/��P./ ' City Clerk Gabri 1 Jabbour, Mayor �LtndQ S. 1/ee, L�� i ' � �. operty O er (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ' The foregoing instrument ,na.�o a�Cl owledged before�Qe�,,.�n, this 22nd day of September, 1997 by Gabriel Jabbour and . ' , Mayor anfllCity Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � '•:;.,• CAROLE A HASEMAN • �_ NOTARY PUBUC-MINNESOTA Notary Public � '' ' HENNEPIN COUNTY '`,��••" My Commisslon Expires Jan.31,2000 • Page 3 of 5 � �� O O �b. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL ��kE H04��'L NO. .�`3�� A . . S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /.�f day of_��.Nc,�, , 199�before me a Notary Public within and for said county, personally appeared .�'�, re I/��►-r;C�l 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 . NOTARY PUBL{C-PAINNESOTA v:�;-,; HENNEPIN COUNIY �2�p ,� � �� °'�,�.••• My Commission Expires Jan.31,2�ao NOTARY PUBLIC � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�,�day of ,�r•; I , 1998 before me a Notary Public within and for said county, personally appeared /�r„ �l �e�^e/1� n�arrie known to me to be the person(s) described in and who executec�the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ��'��, CAROLE A HASEMAN ��' �� y ` � NOTARY PUBLIC-MINNES0IA ° ��s'�— � ��= �- ' H�N�iN caurmr NOTARY PUBLIC . ~-�•�•' My Commission Expires Jan.31,2000 � Page 4 of 5 1 � " "� ' � M LIVINGSTON AVENUE M — C �� r� � � 9 � � . � S 89°59' 34" W , 50.00 � ' 35 � . ' j.N � . N � . . N ' � N . • • . , f ZO, M � r� : . - 10.3- � O o � Y �5.1�- � - -°!- � _t�z--- � - 26.3 � W liJ � � � . � o � w � _ � > � � ♦ � � � a . � c, � . z � w � cn � °D !� � � x � � � w � N � � • � � � Q O � . � 26.3 �g_S v� Q N .`� �� . ` � � �1� / � L� � . t . , ; � . �p. 35 p5�� 50.00 N 89°59' 34" E � �� r�� G_�� ` -; . LEGAL DESCRIPTION OF PREMISES: " Lot 1, 81oc�c 4, Navarre Heights. � � This survey i�tends to show the bou�aries of the above described property, �d the locat'ron of � existing house therean. Ft does not purport to show any other tmprove— ments or encroachments. . • : Iron marker found � Bearings shown are based upan an oss�ned datum.