HomeMy WebLinkAboutResolution 3888 d
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O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kES80¢� NO. 3 8 A R "'f
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6,
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.03, SUBDIVISION 14 (C)
FILE NO. 2217
WHEREAS, John Thimmesh (hereinafter "the applicant") is the owner of the
property located at 1945 Fagemess Point Road within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 2, Block 1, Fagemess Green, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.25, Subdivision 6, Section 10.22, Subdivision 2 and Section 10.03,
Subdivision 14 (C) to construct a storage addition adjacent to the existing garage that would
be 18' x 28' where a hardcover variance and structural coverage variance are required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2217.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District where one-half acre minimum lot size is required.
3. The Orono Planning Commission reviewed this application on April 21, 1997
and recommended approval of the proposed variance based upon the following
unique findings and hardships:
A. The lot area is .39 acres. The lot size is substandard.
TRANSFER 'ENTERED
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CITY of ORONO
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B. The applicant will combine the two tax parcels into one parcel.
C. The deck and pool were constructed in 1980 and were conforming at the
time of construction. However the deck and pool exceed the 1,000 s. f.
requirement and are not in conformance with current side and rear yard
setback requirements.
D. The City has received no comments from the property owners notified
of the proposed improvement.
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; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; 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 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 a structural coverage variance to increase structural coverage from 3,259 s. f. or 14.44%
to 3,680 s.f. or" 16.33% where 3,384.6 s.f. or 15% is allowed; further, the applicant shall
remove the shed in the northwest corner of the property after the storage addition is
constructed; further, a hardcover variance in the 75-250' setback area to increase hardcover from
4,509 s.f. or 26.15% to 4,930 s.f. or 28.60%.where 4,308.5 s.f. or 25% is allowed, subject to
the following conditions:
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0A O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��9kE
SH 04�G NO. 3888
;
1. 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 oi: that date (April 28, 1998).
2. 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.
3. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees 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 28th day of April, 1997.
ATTEST:
Dorothy lin, City Clerk Gabriel abbour, Mayor
P perty Owner (s)
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O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
t9kESI LO NO. 3 R R R
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
1997 by Gabriel Jabbour and Dorothy M. Hedlin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
CAROLE A.FIASEMAN
NOTARY p�LIC-WpNNESOTA
• HENNEPIN COUNTY
•....•r My Commission Expires Jan.31,200
-- _•-�� �, :,�._ _arm. Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 4h day of , 199'7 before me a Notary Public within
and for said coup personally appeared h„ h;,r r P n 13"*.
`
fiY� P Y PPe 7� h d �'�,Th;f,,,r�--�� .
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.
OLE A,HASE
MAN
• •.. HENNEI'NW TA �;r�� � �. , .i_i�.��_'"��--'
� Jan.3t•XIM NOTARY PUBLIC
-_= owl
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 4 of 4
RESOLUTION # 8 8 8
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallie, 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
AU r" 11 , 19g_2_, 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 7th
day of May
1
orothy M in, City Clerk
(SEAL)
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