HomeMy WebLinkAbout#2335 Recorded Resolution 4052JUN 10
~YofORONO
NO. 4 () 5 ~
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C),
SECTION 10.22, SUBDIVISION l(A) AND 2 AND
SECTION 10.56, SUBDIVISION 16(C6)
FILE NO. #2335
WHEREAS, Lawrence Molsather and Linda Sallee (hereinafter "the applicants")
are the owners of the property located at 3285 Carman Road within the City of Orono
(hereinafter "the City") and legally described as follows:
Lot 7, Block 1, Carmen Cove (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 14(C), Section 10.22, Subdivision l(A) and 2 and
Section 10.56, Subdivision 16(C6) to permit the rebuilding and expansion of a deck on the lake
side of the residence. t
NOW, THEREFORE, ·BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2335.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 19,290 s.f.
or .44 acre.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variances based upon the following
findings:
1. The zoning lot does not meet lot area or width requirements.
Page 1 of 5
4.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 0 5 2
2. The current deck 1s 2.5' wide. A deck of this configuration 1s not
functional.
3. The deck expansion would result in negligible increases in structural
eoverage, hardcover in the O' to 75' lakeshore setback, encroachment on
the lakeshore setback and average lakeshore setb!;lck.
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 10.03, Subdivision 14(C), Section 10.22,
Subdivision 1 (A) and 2 and Section 10.56, Subdivision 16(C6) for a structural coverage
variance of 2.3% to allow 17.3% coverage where 15% is allowed and 16.3% is existing, to
allow a hardcover variance of 15.5% in the O' to 75' lakeshore setback where none is allowed
and 14% is existing exclusive of plastic under rock, a lakeshore setback variance of 22' to
allow the deck to be located 53' from the OHWL where 75' is required and 58' is existing and
an average lakeshore setback variance allowing 32.5' encroachment where none is allowed and
27.6' is existing to allow the rebuilding and expansion of a deck on the lake side of the
existing residence.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 0 5 2
Approval was subject to the following conditions.
1. All plastic under rock and the flagstone walkway shall be removed prior to
issuance of a building permit as noted on Exhibit A.
2. No future variances shall be granted to this property.
3. 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 (March 23, 1999).
4. 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.
5. 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 23rd day of March, 1998.
ATTEST:
Linda S. Vee, City Clerk
'--fu u_L V2.A,IA-< f:D1 d:i-1.t.,--l:::L
Property Owners
Page 3 of 5
..
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 0 5 2
The foregoing instrument was acknowledged before me on this 23rd day of
March 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
·on and said instrument was executed on behalf of the City.
JAMIELGEMAR
NOTMY PlBJC-MlMNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
11M7'-'-L, :/, /4,r'-'-"-'
Not~blic
On this 3nl day of-""-='-F--="---.-----:• 199_f. before me a Notary Public within
and for said county, personally a peared ~.Au,.,
known to me to be the person(s) described in and who executed the foregoing instrument, and
~~~~t.Ba-.llli-..__._a8i!-.tt,ed the same as his (their) free act and deed.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
') '
On this .2!!._ day of Ug(,; before me a Notary Public within
and for said county, personally ippeared -=;,;,'---r~/-~·=.a·:~::.-_· ..sl)<:-: .• --"'---'--=-•' ~-=:,_:,:_,,.,-L.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.
JAMIE L GEMAR
NOTARY PU8UC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
Page 4 of 5
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #4.JlJi.2
I, Linda S. Vee, 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 meeting of said City Council held on March 23, 1998 , and that the same
is a true 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 -"""3_._l=st'---_ day of
March , 19 ----2,L.
(n;s. Vee, City Clerk
(SEAL)
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Registrar of Titles, Hennepin, MN
Date Filed: 06/11/1998 09:00 AM
As Doc#: 3030507.0
On CT #: 808492.0.
Copy