HomeMy WebLinkAboutResolution 3988 �� '
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, ��� �G'�' RESOLUTION OF THE CITY COUNCIL
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� A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1(A AND B) AND 2,
FILE NO. #2303
WHEREAS, Angela Woodhouse (hereinafter "the applicant") is the owner of the
property located at 2625 North Shore Drive within the City of Orono (hereinafter "the City")
and legally described as follows:
see Exhibit A for the legal description of the property (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivisions 1(A and B) and 2 to pernut the construction of an
attached garage and additional living space addition to the rear of the existing residence.
• 1�.pW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1. This application was reviewed as Zoning File #2303.
2. The property is located in the LR-lA Single Family Rural Residential Zoning
District requiring two acres in area. The property consists of 92,060 s.f. or 2.11
acres.
3. The Orono Planning Commission reviewed this application on October 20, 1997 �•
and recommended approval of the proposed variance based upon the following
findings:
1. The application is a renewal of elapsed variances granted in 1996. .
2. � The entire house is located within the 0' to 75' lakeshore
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setback.
3. The width of the lot and presence of vegetation will minimize
negative visual impacts for the neighbors and from the lake.
4. The proposed hardcover variance would result in a decrease in hardcover.
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 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 difFculty; 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 a variance to Municipal Zoning Code Section 10.22, Subdivisions 1(A and B) and 2 to
allow lakeshore setback variances of 33' and 35.4' to a11ow setbacks of 42' and 39.6' where 75'
is required, average lakeshore setback variances allowing encroachments of 23' and 21' and a '
hardcover variance in the 0' to 75' lakesliore setback of 20.1% to permit additions to the
existing residence including an entry structure and bay window, as well as additional steps and
pavement. Approval was subject to the following conditions:
1. The applicants must remove the existing boathouse with deck near the lake prior
to the construction of the new additions.
2. 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 pernut within one year of the date of Council approval, or this variance
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will expire on that date (October 27, 1998).
3. Violation of or non-compliance with any of the terms and conditions of this
variance sha11 constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. 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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 27th day of October, 1997. �
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orothy M. lin, City Cl rk Gabn Jabbour, Mayo
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Pr 'e wner (s)
STATE OF MINNESOTA ) ,
) ss. �
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
Y �l/
o ���., LINDA S.VEE
v�� ``.: NOTARY PUBLIGt�iINNESOTA NOt3i'y PUUIIC
• •.;� :-�� HEN�EPIN COUNTY
�,��•� N,p Commission Expires Jan.31,2000
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� �b- - CITY of ORONO -
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�� �'�' RESOLUTION OF THE CITY COUNCIL
.. �`�k'ESH�g'� . � . NO: e`� 9 � � � -
STATE OF MINNESOTA )
) ss. . �
COUNTY OF HENNEPIN )
On tYus �� day of v � �� , 1992 before me a Notary Public within and for
said counry, personally appeared Q a. F'. l.�o a� �6 c�s�' /�Q�/;`e� ;
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. � �
�o,<�.. LINDA S.VEE
`�` ' NOTARY PUBLIC-t�IINNESOTA �/
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� :� ;- ; HENNEPIN COUNTY U��i '
'�.��•�° My Commission 6cpires Jan.31,2000 � �
N6TARY PUBLIC
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this day of , 199_before me a Notary Public within and for
said counry, personally appeared a
� 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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�� G'�' RESOLUTION OF THE CITY COUNCIL
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That part of Govcrnment Lots 4 and 5, Sectian 9, Tocroship 117. Ran�e 23; described as commencing at the north 4�'ter corner of
said Section: thence on a bearing of South (the North line of the Hortheaet quarter of aaid Section being a9s�ed to ha�e a
bearing of North 88 degrees 51 minutes Heat for purposes of this description) a dietance of 2878.55 feet; tbmce South 70 de-
�ees 37 mirmtes 31 �econds East a diatance of 838.42 feet; thence South 67 degrees 19 ainutea 23 aeconds 6ast a distance of
26&.25 feet: thence South 59 degrees 05 minutes 30 seconds East a diainnce of 300.00 feet to the point of 6e�nnin� of the
proFerCy being deacribed: thence continuing 5outh 59 de�rees 05 minutes 30 aeconds fiaat a distance of 159.15 feet: thence South
26 degreet 36 minutes West to the a}:ore o•`. Lake !linne*,onY.-: «+enca Northcresterly along said ahora to ita lntzrx�tion .+ith a
line draun "oouth 3'L degrees 16 minutes 30 seconds West from the Foint of beginning; thence North 32 degreea 16 minutes 30,sec-
onds East Lo the point of beginning, according to the Government survey thereof, and
That Fnrt of Govarnment Lot 4, Section 9, Touna�ip 117, R�nge Z3, described ae followa: Commencing at the North 9uai'Ler �°�er
of said Section; thence on a bearing of South (the tlorth liae of tho HortLeast Quarter of aaid.Sectton beloB meu�ed to have a
bearing of North 88 degreea 51 minutea Weat for ga�poeea of this deacription) a diatence of 2878.55 feet;.theace Sbutb 70 de-
g�ees 37 mirn�tes 31 aeconds fiaat a dietance of 838.92 feeL; thence South 67 degreea 19 miautee 23 aeconda L�et n distance of
266.25 feet to "Point A", said "Point A" being the point of beginning of the property being described, and also Lhe poiat of •
beginning of "Line A"; thence South 32 de�eea 16 minutes 30 �econda West along "I,ine A" to a point on the ehore of Lake
Him�etonka, and said "Line A" there ending; thence Southeaaterly along said ehore to a point 300.00 feet Sathea+sterly from
aaid "Line A", said 300.00 feet being measured on n bearing of South 59 degreea 05 minutea 30 secondn Bast from said "Line A"; `
thence North 32 de�eea 16 minutea 30 seconda East n diatance of 370 feet to an intereection With a line dtaua South 59 degrees
05'minutea 30 seconda Bast from said "Point A"; thence North 59 degrees 05 minutea 30 aeconda Weat to said 'Pbiat A" at the
point of beginning, EXC6Pf that part of said above deacribed property lying Norths+esLer�y of the follaring described line:
Co�encing at said "Point A"; thence South�59 de�eea�05 mitrutea 30 seconda fiaet a disCSnce of 246.74 feat to the point of be-
ginning of the line being deacribed; thence SoutT 39 degrees 54 minutea ?A seconde Fia�t ic .the ehore of Lake Minnetonka� aad
� *here end.ing. ` �
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