The URL can be used to link to this page

Home My WebLink AboutResolution 3818 t 0 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kEsilo�� NO. 3 8 1 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C) AND 10.22, SUBDIVISION 2 FILE #2180 WHEREAS, Peggy R. Pichelman (hereinafter "the applicant") is the owner of the property located at 2920 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract M, Registered Land Survey No. 461, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to permit construction on property that would result in 17.1% structural coverage where the code would allow 15% and a variance to Section 10.22, subdivision 2 as proposed hardcover improvements within the 75-250' setback area are proposed at 3,030 s.f. or 39.3% where 25% is allowed and where 33.4% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2180. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. 3. The Orono Planning Commission reviewed this application on October 21, 1996 and November 18, 1996 and recommended unanimous approval of the variances as amended ase upon the rollowing unique findings and hardships: TRANSFER ENT'EFi�U Page 1 of 6 .IAN 23 1"? BY �' O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL 9kESH0 NO. 3 8 1 8 N A. 46f% of the area of the this property is located within the 0-75' setback area where no improvements are allowed. B. The house is currently served by a single stall garage. C. All proposed improvements will meet the required setbacks of the LR-1 C Zoning Districts. D. There is no hardcover proposed within the 0-75' setback area. The lakeshore yard is a flat sloped grassed area. E. The proposed improvement plan as amended will be more consistent with the pattern of development within the Casco Cove neighborhood. F. The neighbors in attendance at the November 18th meeting of the Planning Commission noted their approval of the amended proposal. 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: %yould not merely serve as a convenience to the applicant, but is necessan, to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant: and would be in keeping vdth 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 applicant 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 1VrunicipaI oning Code Section vision 14 (C)- Page 2 of 6 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 9kESH04NO. 3 8 18 ti 10.22, Subdivision 2 to permit construction of a new first and second floor and grants a structural coverage variance of 2.1% and a hardcover variance in the 75-250' setback of 1,103 s.f. or 14.3%, subject to the following conditions: 1. Upon application for a building permit, applicant shall be responsible for providing an updated survey locating all proposed improvements as shown on Page 6 of this resolution. All improvements shall be limited to those shown on the improvement plan. Applicant shall also provide a detailed grading and drainage plan with final construction plans. 2. Authorities granted by this variance 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 (December 9, 1997). 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 herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of December, 1996. A EST: -1_eaex Dorothy M. qifn, City Clerk Edw rd J. llahan, or r eie Froperyy Owner�s) Page 3 of 6 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL 9xESH0 NO. 3 8 1 8 °E STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of December, 1996, by Edward J. Callahan, Jr. & 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. Notary Public i - :%DAVEE NCT,1 �,JriESOTA►. . UNTY 31 Jan. 2000 Page 4 of 6 O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL t9kESH04� NO. �$ 8 1 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this L day of i�f ,; (, , 199L, before me a Notary Public within and for said county,personally appearedFt ��/ �;;� F „ h, f ', !tr. known to me to be the person(s) describes-i and d who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. • LINDA S.VEE NOTARY PUBLIC-IJNNESOTA '. •• HENNEPIN COUNTY NOTARY PUBLIC My Commission Expires Jan.31.2000 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 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 Page 5 of 6 i �-� 5818 xs ? Sir / 'gab / i r s1 ,i• /fir � �t ! , '''ah d M 4� 2- Page 6 of 6 RESOLUTION # 8 8 1 8 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 1meeting eet and othatsaid the same is a�truel held on and correct December 9 � �-' 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 lith , day of December 19 9�_• oroth�M. H City Clerk (SEAL) � 5�iAo-1 a4,w, ALnd3a A9 W=.40 lssi k z Ndr ,'� NO 0311.E (13111 33 V10SANIW AINWD NId3NN3H S3111130 M,(M38 3H130 331ii0 L S� 'Ian 03d31SI93N