HomeMy WebLinkAbout#2320 Recorded Resolution 4035CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No. -~4_r"'"".1_? ..... ~-':=·s __ _
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTIO~ 10.22, SUBDIVISION l(B),
FILE NO. #2320
WHEREAS, Mitchell and Asta Gersovitz (hereinafter "the applicants") having
an interest in the property located at 3650 Casco A venue within the City of Orono (hereinafter
"the City") and legally described as follows:
Tract A, Registered Land Survey No. 1137, files of Registrar of Titles, Hennepin
County, Minnesota (hereinafter "the property"); and
'WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision l(B) to permit the construction of a bay window over
an existing deck on the lakeside of the residence and a dormer over the attached garage that
are ahead of the average lakeshore setback.
No,v, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2320.
2. The property is located in the LR-1 C Single Family Residential Zoning District
requiring 1/2 acre in area. The property consists of 38,060 s.f. or .87 acre.
3. The Orono Planning Commission reviewed this application on February 17, 1998
and recommended approval of the proposed variance based upon the following
findings:
1. The adjacent lot to the south, 3630 Casco Avenue is considered a
lakeshore lot as the zoning lot has a 20' strip that abuts the lake. The
location of the residence on this property places the entire residence on
TRANSFER ENTERED the subject property ahead of the average lakeshore setback.
HENNEPIN COUNTY TAXPAYER SERVICES
MAR~ 1998
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
the subject property ahead of the average lakeshore setback.
2. The additions will not further encroach upon the average lakeshore setback
or diminish existing views.
3. No other variances are necessary in the construction of the additions.
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 a variance to Municipal Zoning Code Section 10.22, Subdivision l(B) to allow the
construction of a bay window over the existing deck on the lake side of the residence and a
dormer over the existing attached garage that encroach 61.6' and 38' ahead of the average
lakeshore setback where no encroachment is allowed and 83' is existing.
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 (February 23, 1999).
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. Violation of or non-con~pli211ce witt 3.I:.Y c: tt,e tt:ms and conditions of this
variance shall constitute a Yiolatioc of ttt zc nir.; code. shall automatically
terminate any authority &faDted :cre:...Tl. md s:-:all be punishable as a
misdemeanor.
3. The undersigned applicar::s baYe read. uc.ders-::ocd ad hereby ~oree to the terms
of this resolution and en becalf o: tl:.,err...i~lv~s, -:.1.eir heirs, successors and
assigns, hereby agree to t1.e recording Jf :his ~es.::::>lu~Jn in the Chain of Title of
the property.
Adopted by the City Cour..::il of th:: C:t\' :.f Oreo, ::V1innesota at a regular
meeting held on the 23rd day of Febn:.1ry. 199S.
ATTEST:
/
----t --
Linda S. Vee, City Clerk
I
'/ .J---! ., : . ·, .• ( i
Property Owner/(s)
ST A TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrumer.t ,.;,as ackr:: ·,,·i::-dg::::: tiefo~e me on this 23rd day of
February, 1998 by Gabriel Jabbour ar:.: Linda S. Y::e. \L:,-or ar::. City Clerk of the City of
Orono, a Minnesota municipal corporat:on and S3.id :ns:ru=en~ w::s execued on behalf of the
City.
--r ,,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
) ss.
)
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 (~ 03, ":o"1
On this.~ day of re},,~-, , ,, , 199..L before me a Notary Public within and
for said county, personally appeared ~1.'t,,,,,,1,.-,,~,x. ,f:. D:li,,,·1d le A-,i-t (;,,-;,z,,· t2--
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
ST.-\TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ~!, h, day of _ __,_....c......c.i-.<-.-J-.1'---"----' 199_'· before me a Notary Public within and
for said county, personally appeared /:"f1; /·., ,, . .'z., ,r·,,·,n (-!,:'_, :,,;:, 1'--z,
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.
/ /
I •
i ,,,,.,' > / /'.
,,,. /
. /
/·
NOTARY PUBLIC
Page 4 of 4
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION# 4 0 3, .f5
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 February 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 ---=2:...:.4t=h,___ day of
February , 19 ---2.£._.
Linda S. Vee, City Clerk
(SEAL)
Registrar of Titles, Hennepin, MN
Date Filed: 04/02/1998 04:00 PM
As Doc#: 3000541.0
On CT#: 774490.0.
Copy