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Home My WebLink About#2023 Recorded Resolution 3571CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 7 J A RESOLUTION GRANTING A VARIAN CE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #2023 WHEREAS, John P. Sumner and Betty K. Sumner (hereinafter "the applicants") are owners of the property located at 3131 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached, 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 the installation of approximately 750.5 s.f. of paving improvements within the lakeshore yard of the property where 42.9% hardcover improvements exist and 25 % is allowed. Applicant proposes no change in the 42.9% hardcover. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2023. 2. The property is located in the LR-lC, Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. The property consists of 24,625 s.f. or .57 acres. 3. The Orono Planning Commission reviewed this application on June 19, 1995, and recommended approval of the proposed variance based upon the following unique findings and hardships: A. The property consists of 42.9% hardcover improvements consisting of the residence structure, a walkway to residence and driveway. Page 1 of 5 i " j CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 71 B. The property is accessed via a private driveway located on steep slopes. Portions of neighboring property owners drive is located within the subject property. C. Applicants have an extensive lakeshore yard where no hardcover improvements exist. D. 612 s.f. or 3.4% of the total paving improvement is already located beneath a deck and will not extend beyond that upper level deck. E. 138 s.f. of the remaining paving improvements will be located adjacent to a garage door that provides storage for either boats or lawn equipment. F. There will be no increase in hardcover within the 75-250' setback area as a result of these paving improvements. 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 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 applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND COJ\'UITIONS 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 permit the installation of 750,5 s.f. of paving improvements within the lakeshore yard and approves hardcover at 7,515 s.f. or 42.9% within the 75-250' setback area, subject to the following conditions: Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 71 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and the above requested improvements must be installed by June 26, 1996 or this variance will expire on that date. 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 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 26th day of June, 1995. ~+:d/umVJ-:J Prope wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June, 1995, 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. UNDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan'. 31, 2000 ry Public Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 71 . ~n ~his 3rd . day of ,-J;) Ii , 199 5 , before me a Notary Public w1thm and for said County, personally appeared _Betti,, K. 5cm:wev'. rna rri eJ known to me to be the person(s) described in and who exec:ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Cn-tJt:✓ C, ,t/4 L/~.-1 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ·?& day of__,,-P-=""""";t.-....------• 199 -3,.,, , before me a Notary Public within and for said County, pers nally appeared t 't, ? ---n ,: · -l known to me to be the person(s) described in a. a who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed, ~d,,_, d' 14 Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 7 l EXHIBIT A ~~:qt r:~rt .')f t!-.e ~ollo,,,:j nr~ 'le~'=ri ~r;--5 ':;rot·.e:t~: 1,y·::1r.-:;i::::t.r..:--_ ._. of 1 1-::-,P. .:icawn -:::arallel ,,..,th anci lGC fee: .~est<>:.1:· 0: t:.~."· ::·,,,tf':-ly li:-:e of Lot 4 2 and its ext1:nsions ·.:1ereo±': Lots 42, 4~ And 4h; i:'lat pnrt of Lot 45 lyinr; F,.'.j_st of a line d!·.1wr: ;:,an.::..>J. ·,,i::': =i,i 7'• f~et ·,.,·est, ~eas1Jred at rif,ht an;;-:Jes fror:'. !:'"le ~st li.::.e of Lot 4'+; That pH.rt of Lot 64 descrii,ed es be~inninr, at the most ~~ortherl:; corner of Lot 64, thence Sout:n.•esterl:y to the most lvecte-2-_y corner of Lot 64; thence East along the South line o: Lot t4 to the Northeast corner of Lot 42; thence Northerly, a distance of 51.35 feet, more or less to a point which is on a li~e dral-r.'! pRrallel with and 2 1¼.00 feet Southeasterly, measured at rir,:'i::t l'ln~les fro~ the Northwesterly line of Lot 64 and distant 4.C'G feet So•ithwesterly along said parallel line fro:-. its inte.:-sectin~ ;.,i tli the extension North of the East line of Lot 42; ~hence ~ortheasterly alonr said parallel line and its exte~sion, a distance of 68.94 feet, ~ore or less to the Northeasterlv line ----,. of Lot 64; thence Northwesterl.Y to the point of b~r:in-.in;,;. •~nat p:3.rt of yacated Lake Sho:?:'e Avenue an1:l that pa ··t o: the tract of land between said avenue and the shore of Lake Kir.neto~ka, all described as be~inninF, at the Southeast corner of Lot t2; thence 'rr'est along the South line of Lots 42, 43, 44 and 45 to an intersection with a line drB.wn parallel wit:: and 7'-:> :ee~ \."est, meRnured at right an~les from the :2ast line of Lot 44: th?nce South alonp the extension of said parallel lir.e to the s:i.or"' of ---._ Lake Hi)1neto11ka: · thence Ea.st along S3.id shore to its inte:-sec:icr; •,db the extension South of the East l~.ne of :,ot 42; :.hence Hort½ to th~ point of beginnins. all in Spring Park. Page 5 of 5 -----· ···----- Form 5005 Disk Orono ''' ~' ,( STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION u I 5 7 1 I, Dorothy M. Hallin, 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 June 2 6 , 19 li, 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 _ __.2~7....,t .... h_._ __ day of June , 1922._. (SEAL) . 2625~2 / REGI STERE D VO L ~ PAGf]1 D@l'f REGISTERED vo ~J~ PAGE OJ lL,J~. u OFFI CE OF THE REGIS'ffiAA . Of TITLES HENNEPIN COUNfY , MINN£SOT1 CERT IF IED FILED ON AUG 1 1995 If~~ t'&k-R'fLJ BY -----OFTfTlES DEPUTY (/1/elvr, L1;'l r ~(cGS Cf!:,