HomeMy WebLinkAboutResolution 3560 •V‘) 0 4,. -
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^ , , CITY of ORONO
1'�,�P Y
� �li'ollli�` �0 RESOLUTION OF THE CITY COUNCIL
kESHdg' NO. 3 5 t_. 0
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 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-1C Lakeshore Residential Zoning District
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.
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IsiIM'oi �~ RESOLUTION OF THE CITY COUNCIL
Zsii0 NO. 2 5 0
B. The house was originally installed on property where a street was located
between the cottage and the lake. The proposed improvements are
designed to reverse interior home to take advantage of lake views.
C. Hardcover is reduced in both the 75-250' and 250-500' setback zones.
D. There will be no impact on the views of the neighbors nor on required
setbacks.
E. There is approximately 176' x 100' of non-hardcover area within the
lakeshore yard. The grassed lawn is gently sloped and receives major
portions of drainage that come from the higher elevations to the north.
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 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.
5. The City Council has considered this 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 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 existing residence, subject to the
following conditions:
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t�. CITY of ORONO
pi 444„� tiii O4
RESOLUTION OF THE CITY COUNCIL
lkESHOg NO. :3 5 f 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.
ATTEST: ..
0--- --Z)-nss.)/a-al-e-:t, (, ,f/r,-if/Z del,,,-,_
Dor thy M/Halin, City Clerk Edward J. Ca_lian, Jr., Mayor z
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roperty Owner (s)
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= �- CITY of ORONO
'c4<4 .;���'`� +6%r RESOLUTION OF THE CITY COUNCIL
kZSH0v' NO. 3 5 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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.
.ii�f�rr��frrrr�:�✓rrrrl�rr.�l1
_" . LINDA S.VEE
NOTARY
HENNEPIN PUBLICCOUNTY MINNESOTA
(
•° My Commission Expires Jan.31,2000./..
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY.OF HENNEPIN )
On this j61-11 day of /�1 , , 199S- , before me a Notary Public
within and for said County,personally appeared /e s s<< //'/e, c , m a r, d
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.
'rl1l✓lI./J,/!l!!!II.JlllJY!��!
",'.• LINDA S.VEE /
= _ 1, NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY NotaryPublic
My Commission Expires Jan.31,2000
Il�IllYl!!!l!!!l././!!lllllllJ�
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of 4 , 199 5, , before me a Notary Public
within and for said County,personally appeared ('i-( (j e.f- tie"t c-ert- - ,r,a ft-,'e�L
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.
Ii
LINDA S.VEE Notary Public
��b•� NOTARY PUBLIC-MINNESOTA
='+ ;• HENNEPIN COUNTY
""•' My Commission Expires Jan.31,2000
11.111./!l!�llllll.!"'l!✓!!!!-/l J4
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—_ —.——.--—-- -—_— CERTIFI
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: 4 CITYofORONO
� $01)folk �G~ RESOLUTION OF THE CITY COUNCIL
1k'ES110g' 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 51.35 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 along 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 Avenue 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.
RESOLUTION # 5 6
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
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 95 .
9. •thy M iaLli.n, City Clerk
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