HomeMy WebLinkAbout#2406 Recorded Resolution 4157CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 ] f;' Ve/ NO. c) .
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 9 (A)
FILE NO. #2406
WHEREAS, Louis Smerling and Beverly Smerling are owners of the property
located at 2683 Casco Point Road within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 1, "Auditor's Subdivision Number Two Hundred Sixty-Five (265), Hennepin
County, MN" (hereinafter "the property"); and
WHEREAS, after due published 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 August 17, 1998, at which times all persons desiring to be heard
concerning this application wer~ given the opportunity to speak thereon; and
WHEREAS, Gerald Erickson and Sandra Erickson (hereinafter "the applicants")
have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (A);
to permit an accessory structure to remain on the lot without a principal structure for the period
between the removal of the existing house and construction of a new residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2406.
2. The property is located in the LR-IC Single Family Lakeshore Residential
Zoning District where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The
property consists of .46 acres or 20,230 sq. ft.
3. The Orono Planning Commission reviewed this application on August 17, 1998
and recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 l 5 7
A. The boat house would only remain on the lot without a principal building
during the demolition and reconstruction period.
B. The lot is only required to meet 80% of lot area and width requirements
because it is sewered and less than 1 acre in size.
C. The size of the lot allows an adequate building envelope, no other
variances should be allowed to construct a new home.
D. A letter supporting the preservation of the boathouse was submitted by
a neighboring property owner located at 2691 Casco Point Road.
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 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.
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.
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 10.03, Subd. 9 (A); to permit an accessory
structure to remain on the lot without a principal structure for the period between the removal
of the existing house and construction of a new residence. Approval was subject to the
following conditions:
1. No other variances shall be approved by the City Council on this lot.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 41 57'
2. 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 (September 14, 1999).
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 .
of Orono, Minnesota at a regular
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO; 4 1 5 "l
The foregoing instrument was acknowledged before me on this 14th day of
September, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
C~. Pl
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this d \~+day of ~p:ie o l') b:y:: , 199 8' before me a Notary Public withi1iuL'6bu,
and for said county, personally appeared Lo u., s S111\e ,~ I 1~..1 a.n d, eeve rl it.5mec l,'~ a.f'd,cc,#.e,
known to me to be the person(s) described in and who execut~ the foregoing mstrument,d
acknowledged that he (they) ex_ecuted the same as his (their) free act and deed.
l~~~~~~~#<>~<il'<.--~
········· !i. //~"<· ... , RENEE M. FJELD .
'-._~A.' NOTAR Y PUBLIC -MINNE S OTA ,. . ·-~~.:Y My Comm . E x pir es Jan. 3 1, 2000 .
. ,>
Q ~JJ /1~#\00 ,, _M ~eQ
NOTARY PUBLIC =
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.
Page 4 of 4
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DEC 16 1996 . -.-.
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION# 4 1 5 ?
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 September 14, 1998 , 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 _ _:1-=-6t=h=-----day of
September , 19 98 .
Linda S. Vee, City Clerk