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Home My WebLink AboutResolution 3571 � ' `• � `� �I �/� �l � O� O O � � CITY of ORONO �� G'�'� RESOIUTION OF THE CITY COUNCIL �kESH�4'� NO. _� � '�' A A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #�2023 WHEREAS, John P. Sumner and Betty K. Sumner (hereinafter "the applicants") are owners of the property located at 3131 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached, Hennepin County, Minnesota (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 the installation of approximately 750.5 s.f. of paving improvements within the lakeshore yard of the property where 42.9% hardcover i►npravements exist and 25% is allowed. Applicant proposes no change in the 42.9% hardcover. NOW, 'fHEIZEFORE, B� IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. Tliis application was reviewed as Zoning File #2023. 2. Tlie property is located in the LR-1C, Lakeshore Residential Zoiung District requiring 21,780 s.f. or 1/2 acre in area. The property consists of 24,625 s.f. or .57 acres. 3. The Orono Planning Commission reviewed this application on 7une 19, 1995, and recommended approval of the proposed variance based upon the following unique findings and hardships: A. The property consists of 42.9%a hardcover improvements consisting of the residence structure, a walkway to residence and driveway. Page 1 of S , ` � ` , , � O� O O � � C ITY of ORONO �� G�'� RESOLUTION OF THE CITY COUNCI� 9kEsH�4' NO. e4 5 � Y B. The property is accessed via a private driveway located on steep slopes. Portions of neighboring property owners drive is located within the subject property. C. Applicants have an extensive lakeshore yard where no hardcover improvements exist. D. 612 s.f. or 3.4% of the total paving unprovement is already located beneath a deck and will not extend beyond that upper level deck. E. 138 s.f. of the remaining paving improvements will be located adjacent to a garage door that provides storage for either boats or lawn equipment. � F. There will be no increase in hardcover within the 75-250' setback area as a result of these paving improvements. 4. The City Council fmds 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 difficulry; 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 applicants and the effect of the proposed ��ariance on the health, safery and welfare of the community. CONCLUSIONS, ORDER A1�TD CO\"DITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to perniit the installation of 750:5 s.f. of paving improvements within the lakeshore yard and approves hardcover at 7,515 s.f. or 42.9% within the 75-250' setback area, subject to the following conditions: Page 2 of 5 ` '., , � � O 'V O O � � CITY of ORONO ti � G~' RESOLUTION OF THE CITY COUNCIL �9kESHOg'� NO. `� S � 1 � 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and the above requested improvements must be installed by June 26, 1996 or this variance will expire on that date. 2. 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. 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 Orono City Council on this 26th day of June, 1995. T ST: . � �. Dorothy . allin, City Clerk Edward J. Cal an, Jr., Mayo ., Prope wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S.VEE ,� �� -,,: .� ��pyp1�I,IC-�AINNESOTA , o ry Public : . , l�INEPIN COUNTY '•,«. My Commission FxDires,han.31,2000 Page 3 of 5 � �� O O � 4 ^ A CITY of ORONO r+ � F '�t �G~' RESOLUTION OF THE CITY COUNCIL 9k'ES�I��' NO. � Jr � 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �_ day of �, /,, , 199 5 , before me a Notary Public within and for said County, personally appeared�pj-�-,, /(. S�;mncr. ma rr��/ known to me to be the person(s) described in and who exec�ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • �A.HASEMAN /' ''O NOTARY�ESOtA �� •.-�r� l/•��•�� • �NEPu�COtNm Notary Public '•,••• My ComrMssian ExPires Jan.31,2�10 STATE OF MINNESOTA ) • ) ss. COUNTI' OP HENNEPIN ) On this 'I� day of , , 199 � , befor�me a Notary I'ublic '� ��ithin and for said County,pers nally appeared � , � k:�own to me to be thP persan(s) c+escrihed in a_d who eYecuted the foregoing instruznent, and ac�nowledged that he (ttley} executed the same as his (:heir) free act and dee�. �� ;�� -- Notary Public �a��.��. LINDA S.VEE NOTARY PUBLIC-t,�INNESOTA ''=Y :' : HENNEPIN COL'NTY •-••••' My Commission 6cpires Jan.31,2000 Page 4 of 5 . . , ' 'r ' � o� O .�\ Q CITY of ORONO ,� ��'�`)�� =. RESOLUTION OF THE CITY COUNCIL y� �r' '3 t. �► `�+,� � "; �� ti No. _� � '71 G �9k'E8H04'� EXEiIBIT A T�'l '?T � '1� t!;n .�:iiOw']�ll' "�c.Cr ��n.� � ' �-t ^.',"fl�'.cr�' ;n �r 3 � %•`�P '�"3�.?!1 :c7:'311 E 1 k'?i.!1 �1!14 �v�.• 2 N 2= .ti'a�t c.� i r ��^i.�-. _ , .,,:;t�^i:� 1_-e o` I.ot �2 ar.d _t � �� +"' � ."i f'X�=.^..SIOI:S .,^,arPOj . Lots 4�� 4� P..,d 41, . , i:��t �zr� o_` :.ot 4�' ' - �- o � . ��ir�, �st o: a �ine d_•a�ar. ^ara;�p� •.�i`� �-; IrVi44� n`-st� reasure�' at ri�:�t an.Y.'es fro,- �7e .:o�t __;e o: � � ; T•`'•�t p:�rt of Lot 64 descri� �`•'•Cj 8.i DP,�lilr�l'1� �t i�'P 7104y iVOt�:1E.^i"i co•-ner oi Lot 64, t�ence Sout�k�esterl� to tze mo�t WP��z��a � corner of Lot 64; thence �st alon� the Souta ?ir.e c:' �o� �4 to the i�ortheast corner of Lot 4?; thence hortrerl�r, a disiance of j1.35 feet, more or less to a point whicn is on a li-�� d:atir-� pArallel ;�it� and 2�3.00 feet Sau�heasterly, oeasured at rip�t -- en�Ies fror.. the ?Jorthaester?�j line of Lot ti4 and cis:ar.t 4.%'�', � �� f�et So�:thwesterly zlon�; said para21e1 iine fro�- i�s inLe:sect:n-; ` ��ith the extension P:orta of the East line of Lot 42; �aence "�ortheasterlv alonc- said parallel iine ar.d its exte-��ion, � distance of 6�3.y'� feet, r;ore or less to t.'^.e :�ort:-�ezsterl� _;;�e of Lc�� 64; thence r�orthwesterl�- to .`.' � � ne �.oint o* �Pr.�n-:ir.�. '�nat`p�`+ of •racated La�te Shore Avenue �r.L' tr:at �a••t o= the — trac„ o, lar.d 'oetween said av�nue and the s:�ore c� I.ak� �:��ne�o�!�a, a�l described as be�i^ninp� at the Southeast corner of Lo;. �^. ` thence 1r'est �long the South line of Lots 4� t�� 44 �' �� , , ar!a 4= to ' a•^. 12:teTF.PCt1071 Wlt�'1 a 1.'.Ae drawa parallel t�l��: 2:13 �]'� roP` '�`Pc` } m�a�Lred at riKrt an�yes fro�! the :;a�t iine o` Lot '�4; t^er.ce Soc��, alonc t!:� extension o� said parallel iir.e :o the szor= of - �k� 1:i�lr:etonka; theace :,a�t alon� s�id e'r,o�� to i�s inte^�ec*�cr. Ki t:^. ti:e extensioa $o��th of the i.ast l;.r.e o; Lot '-'2• `,�encP Ilorth to t�e poi�t of beginr,in�. ' all ia Sprin� Fark. \ Page 5 of 5 � Fwm SOpS Oisk pqp . , ;.•,. . . RESOLUTION #�e4_� STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Dorothy M. Halli.n, Ciry Clerk of the Ciry of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore�oin� 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 proceedi.ngs of said City Council at a meeting of said City Council held on ' June 2 6 , 19�, and that the same is a true and correct copy of said resolution duly adopted by said Ciry Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal ttus � 2�th � day of June , 199 5 ��' . . rothy M. a ' , City Clerk (SFAT•) . ��s�� :-RE�►S�tERED vOl��. RAGE�'�l'�� '�' ,REG�SiEP,ED VO��.�� Pa g �� (j` ,� �� OFFICE OF THE REGISTRAR OF TiTLES HENNE.�'IN COUNTY,NtINIVfSOT/1 CE�7tFIED FILED O(d AUG � 1995 a �,��,,,, �d,,,�r..1 REGtS�RA� OF T�TLFS BY DEPUTY 1��0 L a � �%�`«s � Cl�