HomeMy WebLinkAboutResolution 3991 • ' 6818079
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IA,4 i0t, . . G~ RESOLUTION OF THE CITY COUNCIL
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NO. 39 1
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1(A AND B) AND 2, AND
SECTION 10.25, SUBDIVISION 6(B)
FILE NO. #2307
WHEREAS, Ellen Peterson (hereinafter ''the applicant") is the owner of the
property located at 3355 Crystal Bay Road within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 11, Wallaces Addition to the Village of Minnetonka Beach (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1(A and B) and 2 and Section 10.25, Subdivision
6(B) to permit the construction of a carport with deck above attached to the front of the
existing residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2307.
2. The property is located in the LR-1C Single Family Rural Residential Zoning
District requiring one half acre in area. The property consists of 5,190 s.f. or
.12 acre.
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 zoning lot does not meet lot area or width requirements.
TRANSFER ENTERED
Page 1 of 4 HENNEPIN COUNTY TAXPAYER SERVICES
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2. The property currently lacks a means of protecting a vehicle from the
elements.
3. The location of the residence on the yard limits the location of a carport
or garage.
4. The proposed hardcover variances would result in a decrease in hardcover
on the lot.
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 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 10.22, Subdivisions 1(A and B) and 2 and
Section 10.25, Subdivision 6(B) allowing a side setback variance of 6.2' to allow the addition
to be located 3.8' from the west side lot line where 6.2' is existing, a lakeshore setback
variance of 10' to allow the structure to be located 65' from the OHW where 75' is required,
a hardcover variance of 19.4% (557.3 s.f.) in the 0' to 75' lakeshore setback where 21.9% (630
s.f.) is existing and none is allowed and a hardcover variance of 26.2% in the 75' to 250'
lakeshore setback to allow 51.2% (1,182.7 s.f.) hardcover where 56% (1,294 s.f.) is existing
and 25% is allowed to allow the construction
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of an attached 282 s.f. carport with a deck above on the front of the existing residence.
Approval was subject to the following conditions.
1. The applicant shall remove all plastic under landscaping on the property prior
to the commencement of any new construction.
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 permit within one year of the date of Council approval, or this variance
will expire on that date (October 27, 1998).
3. 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.
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.
A ST
D a/o y M. HI ', City Clerk Gabnel Jabbour, Mayor
A.
'roperty Owner s
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A cd- RESOLUTION OF THE CITY COUNCIL
• HO� NO. e� 9 9 1
AkES
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.
e' . r C�' ,/�' , � ,_'_S
'" • CAROLE A.HASEMAN , ;`
• NOTARY PUBLIC-MINNESOTA
••_.: HENNEPIN COUNTY Notary Public
• My Commission Expires Jan 31.2n01
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /4m, day of rl r,,,i,< - , 199`' before me a Notary Public within
and for said county, personally appeared k;� -„ /�'» , �;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.
• CAROLE A.HASEMAN
NOTARY PUBLIC-MINNESOTA \ ,'
e •• HENNEPIN COUNTY , ;
`a - My Commission Expires Jan.31,2n00 �i c ( • / . .'/c ;-
NOTARY PUBLIC
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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RESOLUTION # 3 9 9 1
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 19 9 7 t and ofmeeing said
the same is atrue l
l held on
October 27 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 October , 19 97
/9, .
!'y
Dorothy M. Q:, City Clerk
-Ago,
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