HomeMy WebLinkAboutResolution 3852 - -
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONIIV'G CODE
SECTION 10.22, SUBDIVISION 1 (A & B) AND SUBDIVISION 2
FILE NO. 2210
`�"HEr'2EAS, Kent E. Swanson and Susan S���anson (hereinafter "ihe applicants"j
are owners of the property located at 3229B Casco Circle within the City of Orono (hereinafter
"the City") and legally described as follows:
Tract B, Registered Land Survey No. 1333, Hennepin County, Minnesota
(hereinafter "the property"); and •
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a 4' x 7' deck
extension to an existing 1' x 7' third floor deck on the lakeside to be located approximately 58'
from the shoreline where a 75' setback is required, said deck extension shall be located 43' -
48' in front of the average lakeshore setback where no such encroachment is allowed; per
Section 10.22, Subdivision 2 hardcover within the 0-75' setback area is proposed at 500 s.f. or
2.85% where 0% is allowed and where 514 s.f. or 2.93% is existing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2210.
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 33,,801
s.f. TRANSFEN ENTERED
riENNEP!N COUNTY T,U(f�AYER S£RVIC�S
DEC S 1997
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3. The Orono Planning Commission reviewed this application on February 18, 1997
and recommended approval of the proposed vaziances based upon the following
findings:
A. This property is located on a peninsula which results in the existing
structure being forwazd of the average lakeshore setback.
B. The structure as originally constructed was in conformance with the 50'
� setback from the lakeshore.
C. The proposed deck extension does not extend past the existing screen
porch and will not impact lakeshore views for adjacent properties.
D. This request is less structure and hardcover than previously requested in
August of 1996 (see File #2150) and approved in Resolution #3753.
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 hazdship 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. Tl:e City Council has considered this application including the ftndings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variances 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, Subdivision 1 (A), Subdivision 1 (B)
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and Subdivision 2 to pemut construction of a 4' extension to an existing 1' x 7' deck resulting
in a 5' x 7' deck on the third floor to the lakeside of the existing residence to be located
approximately 15' - 17' forwazd of the 75' setback and approximately 43' - 48' forward of the
average lakeshore setback, and a hardcover variance in the 0-75' setback area of 500 s.f. or
2.85%, 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 within one year of the date of Council approval, or this variance
will expire on that date (Mazch 10, 1998).
2. 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.
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 property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the lOth day of March, 1997.
A'RTEST:
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orothy M. , rk Gabrie Jabbour, Mayor
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Property Oti�vner (s)
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G~ RESOLUTION O THE CITY COUNCIL
��kESH�g'� NO. � � � �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this lOth da; of
March, 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. �
�s�ae��
� " JAMIF L C�EMAR
`�•.� IIOTARY PI�IIC�#�IQ50TA � �;
� ' FI�q�IN COUIi1Y
` " �'�'�011�0"����� Nota .` P blic
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��`� day of `-ji,�,,_;�.,,���9� , 199� before me a Notary Public within
and for said county, personally appeared J�(_N _�,,s.�,�,t�.,, Q.�,�{'���„ �,,�,��71 ���I
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.
.;,,-�:.
��;� f;;<=:' JAM(E L.GEMAR ��.
;��; NOTARYP1J8lIC-AIINNESOTA ��/L��.�,c.r/ � ��" c'-j'y�:,��1.1
� �,���, HENNEPINCOUNTY N�T'� Y PUBLIC
t My Commissiai Expires,lan.31,200p �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HElVNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeazed
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 # :� � 5 �
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) .
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
1Vlinnesota, do hereby certify that I have compared the foregoin� 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 eet and �thatsthe same is a�ruel and correct
March 10 -�
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal th.is 13th ,
day of March , 19�_•
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Dorothy M. a in, Ciry lerk
(SEAL)
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