HomeMy WebLinkAbout#2210 Recorded Resolution 3852CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 fs 5 2
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (A & B) AND SUBDIVISION 2
FILE NO. 2210
·wHEREAS, Kent E. Swanson and Susan Swanson (hereinafter "the applicants")
are owners of the property located at 3229B Casco Circle within the City of Orono (hereinafter
"the City") and legally described as follows:
Tract B, Registered Land Survey No. 1333, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a 4' x 7' deck
extension to an existing l I x 7' third floor deck on the lakeside to be located approximately 58'
from the shoreline where a 75' setback is required, said deck extension shall be _located 43' -
48' in front of the average lakeshore setback where no such encroachment is allowed; per
Section 10.22, Subdivision 2 hardcover within the 0-75' setback area is proposed at 500 s.f. or
2.85% where 0% is allowed and where 514 s .f. or 2.93% is existing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota :
FINDINGS
1. This application was reviewed as Zoning File #2210.
· 2. The property is located in the LR-lC Single Family Lakeshore Residential
Zoning District requiring one-half acre in area. The property consists of 33,..801
s.f. TRANSFER ENTERED ·
tiENNEPIN COUNTY TAXPAYER SERVIC1:S
DEC 3 t'li7
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 R 5 2
3. The Orono Planning Commission reviewed this application on February 18, 1997
and recommended approval of the proposed variances based upon the following
findings:
A. This property is located on a peninsula which results in the existing
structure being forward of the average lakeshore setback.
B. The structure as originally constructed was in conformance with the 50'
setback from the lakeshore.
C. The proposed deck extension does not extend past the existing screen
porch and will not impact lak:eshore views for adjacent properties.
D. This request is less structure and hardcover than previously requested in
August of 1996 (see File #2150) and approved in Resolution #3753.
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 variances 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 variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A), Subdivision 1 (B)
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 $,'?, ,f;. 9:
and Subdivision 2 to permit construction of a 4' extension to an existing 1' x 7' deck resulting
in a 5' x 7' deck on the third floor to the lakeside of the existing residence to be located
approximately 15' -17' forward of the 75' setback and approximately 43' -48' forward of the
average lakeshore setback, and a hardcover variance in the 0-75' setback area of 500 s.f. or
2.85%, subject to the following conditions:
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 (March 10, 1998).
2. 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.
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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 10th day of March, 1997.
ATIEST:
~'---rn./4 ~~ oro~~rk
'~{WA(¼.
Gabrie Jabbour, Mayor
Property Owner ( s)
Page 3 of 4
CITY of ORONO
RESOLUTION 0£ THt ~ATV COUNCIL
NO. -~ 8 U ,....,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th da) of
March, 1997 by Gabriel Jabbour 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.
JAMIE L GEMAR
NOTARY PUBUC-MINNESOTA
HENNEPIN COUNTY
My Commission ElcplresJan. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
) r 7 . ' ;
( (2,,rn,uu. '/;. ~
Notarf P}.iblic ~ .
( J .'--'
On this 3 g,;:, day of '7i ,{)1.,Li!_,ny[J_g,y , 199 _1__ before me a Notary Public within
and for said county, personally appeared K.f .Sa-La,,t.&{71 a.,ud1 ~L<J--t:..--n .J~<-.t..<i,n..,u-n m-wt/vi~.Jl
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.
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
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # t8 8 5 .2
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
March 10 , 19 ...92, 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 ·13th -------
day of March , 19~9_7_
(SEAL)
I
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REGISllitEO VOi Q V#
PAM 1f3 J OQ
COPY
OFFI CE OF TH E REGISTP-J.1.R
F "T ITLES
HENN-t:::P IN cov,ffY, MINN ESOTA
CERTiF IED FILED 0
DEC 41997
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