HomeMy WebLinkAboutResolution 3789 c
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'C�� �G'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #2185
WHEREAS, Richazd M. Kovacevich and Mary Jo Kovacevich (hereinafter "the
applicants") are owners of the property located at 1580 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
The south 225 feet of Government Lot 1, Section 9, Township 117 North, Range 23
West of the Fifth Principal Meridian (09-117-23 33 0008) 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 2 to permit construction of a 20'x20' living room
addition to the lake side of the existing residence resulting in 10,820 s.f. or 27.18% hardcover
within the 75-250' setback area where 25% is allowed and where 27.18% exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2185.
2. The property is located in the LR-1B, Lakeshore Residential Single Family
Zoning District requiring 1 acre in area. The property consists of 1+ acres.
3. The Orono Planning Commission reviewed this application on October 21, 1996,
and recommended approval of the variance as proposed based upon the following
unique findings and hardships:
TRANfiFER �NTE� pa e 1 of 6
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� G'�' RESOWTION OF THE CITY COUNCIL
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A. � In June of 1987 the City issued a building permit to applicants for a
swimming pool. The water retention area at 900 s.f. or 2.2% was not
considered hardcover at that time.
B. The proposed improvement will not result in additional excesses of
hardcover.
C. Applicants' residence is located approximately 150' from the lake. There
is an extensive grassed gentled sloped yard extending lakeward from the
residence.
D. No other variances are required for this 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 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 2 to pernut construction
of a 20'x20' lake side addition resulting in an excess of 870 s.f. or 2.18% hardcover variance,
subject to the following conditions:
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. C ITY of ORONO
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�� G'�'� RESOLUTION O THE CITY COUNCIL
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1. All nonstructural paving improvements as shown on Page 6 of this resolution
shall be completed prior to the footing inspection for the new construction.
2. Authorities granted by this vaziance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building pernut within one yeaz of the date of Council approval, or this variance
will expire on that date (October 28, 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 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 Orono City Council on this 28th day of October, 1996.
A ST: _
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orothy M. in, City Clerk dward J. C ahan, Jr., May r
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Property Owner(s)
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CITY of ORONO
�'� �'� RESOLUTI
G ON OF THE CITY COUNCIL
��kESH�g'� NO. � 7 8 Q
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
October, 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.
6
:,,` lINOA S.VEE Not Public
,. NOTARY PUBLIGtrIINNESOTA
s � HENNEPIN COUNTY
',�••• My Commission Expires Jan.31.2000
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'C�� G'�' RESOLUTION OF THE CITY COUNCIL
'�kEsHo¢� No. 3 '7 f� 9
STATE OF MINI�ESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,5� day of -� � , 199�before me a Notary Public within �
and for said county,personally appeared � i c�/�tu.r� �'!'I. �OfG,G evrc�j Cc�� (�t.�'t,r �D �IlQ��G'�c
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.
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M�ARY ELLEN KOCH
� �, �� N�TARYPUBUC•MINNESOTA
`'�.:- HENNEPIN COUNTY NOTARY P LIC
My Comm�aion Expires Jan.31,2000
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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
acl:nowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 5 of 6 �
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RESOLUTION # � � 8 �
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) .
I, Dorothy M. Hallin, Ciry Clerk of the City of Orono, Hennepin County,
Minnesota, 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 1996et and�thatsthe same is a�truel andecorrect
October 28
copy of said resolution duly adopted by said City Council at said meetin'.
In Witness Whereof, I have hereunto set my hand and seal this �30th ,
day of
October , 19 96
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orothy M. ' , Ciry Clerk
(SEAL) .
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OfFlCE OF THE R6G{STRqR
OF T{TLES
HENNEPIN COUNTY,MtNN�()TA
CERTIFIED FIL�'D ON
NOU 2 01�96
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