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Home My WebLink About#1863 Recorded Resolution 33296166382 CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) (2) AND SECTION 10.03, SUBDIVISION 14 (D) FILE NO. 1863 WHEREAS, Robert G. Luesse (hereinafter "the applicant") is the owner of the property located at 3249 Casco Circle within the City of Orono and legally described as follows: Lot 12, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has reapplied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) (2) and Section 10.03, Subdivision 14 (D) to permit the construction of a 22' x 28' garage addition to an existing accessory structure located 2' 4" from the north side lot line where a 30' setback is required and a variance to the allowed area for an oversized accessory structure as accessory structure is proposed at 1,288.35 s.f. where only a 1,000 s.f. structure is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1863. 2. The property is located in the LR-lC Lakeshore Residential Zoning District requiring one-half acre or 21,780 s.f. in area. The property consists of approximately 15,893 s.f. 3. The Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the amended variances based upon the following findings: A. The proposed garage addition to the accessory structure shall not encroach TRANSFER ENTER!~\"·,. further into the side yard than the existing structure. /)[Pf, Of PROPERTY TAX & PUBLIC RECORDS OCT 14 1993 Page 1 of 5 Form5005 Disk Orono CITY of ORONO RESOLUTION 9l if~~ fi1ITY COUNCIL NO. 'IV = _, __; B. The adjacent neighbor to the north side of the subject property has already approved an addition to the accessory structure as long as it extends no closer to the shared lot line than the existing accessory structure. C. On December 14, 1992, Council approved Resolution No. 3213 that granted approval of the following variances for improvements to this propeny: 1) Section 10.03, Subdivision 14 (D) -Approved street setback variance for oversized accessory structure proposed at 19' instead of required 30'. 2). Section 10.03, Subdivision 14 (C) -Proposed structural improvements resulted in the need for a lot coverage variance proposed at 2,604.5 s.f. or 16.3 % where only 2,384 s.f. or 15 % is allowed. 3) Section 10.22, Subdivision 1 -Average lakeshore setback variance approved for a lakeside addition that will encroach approximately 15' in front of the average lakeshore setback line. 4) Section 10.22, Subdivision 2 -Hardcover variances were approved within the 75-250' setback area. Hardcover was proposed at 3,386 s.f. or 30.2% where only 2,800 s.f. or 25% is allowed. 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 applicant, 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. Page 2 of 5 fofm5005 DiskOrooo CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5. The City Council has considered this amended variance application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (C) (2) and Subdivision 14 (D) to permit construction of a 22' x 28' garage addition to an existing detached accessory structure, subject to the following conditions: 1. Construction of the 22' x 28' garage addition shall be subject to all requirements of the Uniform Building Code and Fire Code. . 2. All other conditions set forth in Resolution No. 3213 governing the improvements and new construction for this property are once again referenced and adopted for this current renewal. 3. Authorities granted by this variance run with the property not with the applicant, 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 (September 27, 1994). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 ""• (,\ ') .:"'., .. (,. NO. = r.i ~·- Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of September, 1993. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of · September, 1993 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. - , CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY MY COM MISSION EXPIRES 8-23-00 Notary Public Page 4 of 5 fo,m500S DiskOrono CITY of ORONO RESOLUTION OF THE CITY COUNCIL .:;, '-\ ~, NO. ,,: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ~ 1-t.../i day of Je,ul--e177/J.c,,,---, 199 3 before me a Notary Public withinandfor said county, personally appeared /(t1 berf-r1-, ~~se, r11arY",·<"i -----------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. LINDA S. VEE NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 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 5 of 5 fofm5005 Disk Orono STATE OF. MINNESOTA ) ) COUNTY OF HENNEPIN )· ) CITY OF ORONO ) RESOLUTION# I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore.-going 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 o-f said City Council held on September 27 , 19 93 , and that the same is a true and correct copy of sai~ resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 28th , day of September , 199_3 __ _ Bx wr -11-L-s Po/1t/Ytf"-ct-/ ¥~ 6166382 . 14 □CT93 9 : 38 06166382 SCD $4 . 50 14 □CT93 9=38 06166382 DOC $15 .00 t/