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HomeMy WebLinkAbout#2008 Recorded Resolution 3560CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 6 0 ·~ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDMSION 2 FILE NO. 2008 WHEREAS, Tessa Marchessault and Greg Becker (hereinafter "the applicants") are the owners of the property located at 3133 Casco Circle within the City of Orono and legally described as follows: refer to Exhibit A attached (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 11' x 18' and 14' x 14' additions to the residence requiring approval of a hardcover variance of 370 s.f. or 2.1 % . The hardcover is proposed at 4,745 s.f. or 27.1 % where 29.5% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2008. 2. The property is located in the LR-lC Lakeshore Residential Zoning Di-strict requiring 21,780 s.f. or one-half acre in area. The property consists of 33,000 s.f. 3. The Orono Planning Commission reviewed this application on April 17, 1995 and recommended approval of the variance application as amended based upon the following unique findings and hardships: A. The existing dwelling was built in the early 1920's prior to standards for lakeshore development. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 6 0 1. Hardcover improvements within the 75-250' setback area shall be maintained at 4,745 s.f. or 27.1 % and in the 250-500' setback area at 5,360 s.f. or 96.4%. All hardcover improvements scheduled for removal as shown on Page 5 of this resolution shall be completed prior to the footing inspection for the new construction. 2. Authorities granted with 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 (May 22, 1996). 3. 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. 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of May, 1995. Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 6 0 The foregoing instrument was acknowledged before me on this 22nd day of May, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ) ss. COUNTY.OF HENNEPIN ) Notary Public On this ._J6i!J day of 1~1 c.: y , 199 S , before me a Notary Public withinandforsaidCounty,personally appeared 1 fc.<,)<l Ii/ti re l1c __ {$ o u. If , mtu'r~,·e 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 (th~ir) free act and deed . . (/ Ji,,' r /f ;; / ;/_i_...-" ':;(-? '-e---<<--✓- Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Jt1-l day of /I'/ .-1-c 1 , 199 .:/ , before me a Notary Public within and for said County, personally appearel Ct/. /er· ;-; 1-/(<;, /j~~(j(-t.'r~. a1'n ·eel_ known to me to be the person(s) described in and w o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 ✓ · ,/ I ti.,/! -Z)& 2/,( c%--/ ,z.><.--' Notary Public Page 4 of 5 C 841,6 .,, . .. e -·~, . . t I,:~·......... CJ ~ Ql t8 5 6 0 I I I I I I I I I -I ..J ~ A C r-1-----,. .-.. \ line of lot 64 1 .,FOUND JUDICIAL LANO/vi. ..,,...._ .• .,-.. _96_6.i ---------- \ ·-N,E, 'corne.r or Lo-f I \ I\ .,~~~::Ja=s:s:x:cc<M;--rr;ry-r,'1"7,...-Hr-,,,~~~N: I I I I I 0: <..!I Oz ,__ (/) .J 1-J ~ l.JJ ~ ..., ..J l lJJ ~ :? ;; Page 5 of 5 ~ . 0 r-: lfl !!! _;:__:_:..J_ -------·---~-' . I I :s, s s s s fFIEL OST0NE : WALL I I I 0 t< ~t,J -"<!- -+- <J ..J 4-u QJ t: .>.- -.960,0 w lri I SURVEY F· PROPERn LEGAL DE' That part, parallel wi 11xtension1 Lo Tl· w Tl of th 4: w n, di in N 6 N 1 b I: CERTIFI• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 6 0 Exhibit A That part of the following described property lying Easterly of a line drawn parallel with and 100 feet Westerly of the Easterly line of Lot 42 and its extensions thereof: Lots 42, 43 and 44; That part of Lot 45 lying East of a line drawn parallel with and 75 feet West, measured at right angles from the East line of Lot 44; That part of Lot 64 described as beginning at the most Northerly corner of Lot 64; thence Southwesterly to the most Westerly corner of Lot 64; thence East along the South line of Lot 64 to the Northeast corner of Lot 42; thence Northerly, a distance of 51 .3,5 feet, more or less to a point which is on a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and distant 4.00 feet Southwesterly alonQ said parallel line from its intersection with the extension North of the East line of Lot 42; thence Northeasterly along said parallel line and its extension, a distance of 68.94 feet", more or less to the Northeasterly line of Lot 64; thence Northwesterly to the point of beginning; That part of vacated .lake Shore A venue and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Southeast corner of Lot 42; thence West along the South line of Lots 42, 43, 44 and 45 to an intersection with a line drawn parallel with and 75 feet West, measured at right angles from the East line of Lot 44; thence South along the extension of said parallel line to the shore of Lake Minnetonka; thence East along said shore to its intersection with the extension South of the East line of Lot 42; thence North to the point of beginning, all in Spring Park. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 5 6 0 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 May 22, 1995 , 19_·, 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 3 _ __;;~--- day of May , 19--22_. (SEAL) -0 ) 8 l