HomeMy WebLinkAbout#2542 Recorded Resolution 4387! .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 8 f -
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 (B) & 2; AND
SECTION 10.56, SUBDIVISIONS 16 (C) (6) & (L) (2)
FILE #2542
WHEREAS, Bruce J. Hedblom and Carol J. Cline-Hedblom (hereinafter "the
applicants") are owners of the property located at 2601 Casco Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A Attached, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
· Minnesota Statutes and the · City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on November 15, 1999, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10 .22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to
allow the removal of a deck and to construct a new deck and three season porch that
encroaches 21' into the average lakeshore setback and per Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) (2) to allow 6,310 s.f. (42.57%) hardcover in the 75-250'
lakeshore setback area where 6,310 s.f. ( 42.57%) exists and 4,642.5 s.f. (25%) is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 Q (:'); I""' NO. f'..ii p ((
FINDINGS
1. This application was reviewed as Zoning File #2542.
2. The property is located in the LR-lC Zoning District, where .5 acre or 21,780
s.f. is the minimum lot area. The property consists of .43 acres or 18,570 s.f.
3. The Planning Commission reviewed this application on November 15, 1999, and
recommended approval on a vote of 6 to 1.
4. The Planning Commission made the following findings of fact:
A. The lot is unusually shaped and sized for the LR-1 C Zoning District.
B. The residence was built in 1973 prior to standards being adopted for
hardcover and average lakeshore setback.
5. 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.
6. 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.
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .4 ~ 8 11
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 (B) and Section 10.56,
Subdivision 16 (C) (6) to allow the removal of a deck and to construct a new deck and three
season porch that encroaches 21' into the average lakeshore setback and per Section 10.22,
Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 6,310 s.f. ( 42.57%) hardcover
in the 75-250' lakeshore setback area where 6,310 s.f. (42.57%) exists and 4,642.5 s.f. (25%)
is allowed. Approval was subject to the following conditions:
1. The applicant shall remove plastic from all rockbeds on the property within 90
days of receiving a building permit.
2. Council approval is based on the site plan submitted by the applicants attached
to this resolution on Page 7. Any amendments to the site plan may require
further Planning Commission and City Council review.
3. 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 (November 22, 2000).
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 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.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 3 8 ~t
Adopted by the Orono City Council on this 22nd day of November, 1999.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
November, 1999 , by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Gu.0 2C.d~
Notary Public
Page 4 of7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 3 2 14'
STATE OF MINNESOTA · )
) ss.
COUNTY OF HENNEPIN )
On this e<-3,.J day of tUo v em .be I"' , 199 ~ before me a Notary Public within
and for said. county, personally appeared 8,-u <-' c:: J. /Jedh/0 tb , n,a r ried, ·
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 de.ed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thls &</.""" day of_-----lJo..L.e.;~~~--'----;,;.:' 199~ before me a Notary Public within
and for said county, personally appeared / //(I ~ () rn
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 of7
Exhibit A
4
That part ot! Block l, and that part. ot Loi:.; 14, 15 and. ti:, Btook. 2, and that
part of abanc!ont'!ld Orono Av«mua, s.ll in "Winship' e Subd.i.vilion of' Lot 1, soring
Par~, ~nd Division", d~~cribed as commencing at the Northaascarly acme~ o~
Lo~ 141, soring Park1 thence Northeastarly along the extension o! the ~aetarly
line of ~~id tot 141 a distance of 94,5 feet to the t>Qint of beginninq1 thence
Northw~sterly, dQflQcting to the lett 101 dGgree~ lj ~i.!l.uee~, to thg ~hora of
Laka Hinngtonka, said line her~ina!tgr referred to a~ Lin~ "A"1 thgnce
Northerly along aaid ~ore to tha North line of 1'aid ~look lt thgnce Bast to
e point oe intersection o! tha North line of ~aid Lot 1,lwi~n ~ line drawn
p~~allgl with and JO feet NorthwQ.;CQrly fro~ the Northea~tarly oxtansion o!
tho ~esterly line o~ Lo~a 14 1 1s, 16 and 17, Block,J, "Winanip•~ Subdivision
of. Lot 1, Sti-ring Park, 2nc1 Division" 1 thence Sout:liweat:grly along said tH1ra.llel
11ne to its intsrsec:t:.ion with tha south~~.!terly oxt:ensioo of said tine '11\" 1
·i:llence ~Torthwo~c.erly .,_long the c:i::ten~ion of\ :,aid Line "A 11 to thr1 point. o!.
be0innlng, acco~din9 to tho r~corded Ola~ tharaof;
Page 6 of 7
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That part at Block l, and that part ot Lota 14, 15 and 16, Dlook 2, and that
pare al abandone~ Orono Avenue, all in •winshlp•e Suhdiviaion or Lot l, Bprin9
Park, ~n~ Division•, described as commencing ac the Northea3terly oorne~ ot
Loe 141, Spring Park1 thance Northeastarly alon9 the extension ot the ~aetarly
line of said Loe 141 a· distance of 94,5 feat to the point of beginninq1 thence
Northw~scerly, dQflecting to the la!t 101 dogree,s lJ minute:,, to thG shorg of
Lake Minnetonka, said line herainattor roforred to a9 Lin••~•• thonco
Northarly alonq said :rl\ore to tho North line or eaid ~look 11 thonce Ra3t to
~ho DOint of intersection o( tho North line of ~aid Lot 1,lwith a line drawn
p:,rallal with and JO feet North,.,ca~c<>rly frol!\ t:he Northe11.11tarly g:,,:tonsion o!
tho ~eotorly line of Lacs 14, 15, 16 and 17, Block J, •Winonip'3 gubdivision
o! Lot l, S-oring Park, 2nd oiviaion"1 thenco soueliwestgrly along said parallel
line to its 1nteraect1on with tho south<!:1.,terly axtonal.on of said Line "J\•1
·chence ttorth,.,0sterly ~long tne cxten!l1oo at\ :,aid Line •A• to th<> point of
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TRANSFER E.NT~RED
HE NNEP IN COUNT Y TAX P, vu.:; .. :Fi:!Vlt:ES
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
-,
I, Linda S. Vee, 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 November 22, 1999 , 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=rd~_ day of
November , 19 ___22__.
Linda S. Vee, City Clerk