HomeMy WebLinkAbout#2528 Recorded Resolution 4374I,_
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
_d ~) l/ /i NO. z ~~} ,,, -:,,:
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE #2528
WHEREAS, David J. Yorks and Patricia Yorks (hereinafter "the applicants") are
owners of the property located at 2825 Casco Point Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 117, Spring Park, including that part of Lake Shore A venue, vacated, and that part
of the land between said vacated avenl:le and the shore of Lake Minnetonka lying
between the sidelines of said Lot 117 extended to the shore of Lake Minnetonka,
Hennepin County, Minnesota (herein after "the property");
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 October 18, 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 2 and Section 10.56, Subdivision 16 (L) (2) to allow
3,919 s.f. (45.4%) hardcover in the 75-250' lakeshore setback where 4,701.76 s.f. (54.5%)
exists, and 1,725.2 s.f (25%) is allowed to permit constuction of steps and a covered porch
entry to replace existing steps on the front of the residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 ~ 111/ 1 NO. . "-9 c1 <:it
FINDINGS
1. This application was reviewed as Zoning File #2528.
2. The property is located in the LR-lC Zoning District, where .5 acres or 21,700
s.f. is the minimum lot area. The property consists of .34 acres or 14,835 s.f.
3. The Planning Commission reviewed this application on October 18, 1999 and
recommended approval on a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. The amount of hardcover in the 75-250' lakeshore setback would be
reduced from 54.5% to 45.4%.
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 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 8 14 4c
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 I 0.22, Subdivision 2 and Section I 0.56,
Subdivision 16 (L) (2) to allow 3,919 s.f (45.4%) hardcover in the 75-250' lakeshore setback
where 4,701.76 s.f. (54.5%) exists and 1,725.2 s.f. (25%) is allowed to permit construction of
new steps and a covered porch entry on the front of the residence. Approval was subject to
the following conditions:
I. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Exhibit A. Any amendments to the site plan and/or
hardcover may require further Planning Commission and City Council review.
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 (November 8, 2000).
3. 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.
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.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 3 ~/
Adopted by the Orono City Council on this 8th day of November, 1999.
ATTEST:
I:inda S. Vee, City Clerk
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instrument was acknowledged before me on this 8th 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.
Notary Pu· 1ic , . ..,,
Page 4 of 6
CITY of ORONO
RESOLUTION OF THE CIJY COUNCIL
NO. 4 3 i71 ·1.: :
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this C/r;f day of fl o ·./f /Ji.br1c. , 199 7 before me a Notary Public within
and for said county, personally appeared O<r u; d J y ncK .5, Y71 n R. ,{Ji fc(
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.
NOT AR ✓PUBLIC,>
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this C(h1 day of--~'---'-"-'-~--' 199 9· before me a Notary Public within
and for said county, personally appeared Y. r("· ''V' ·eJ
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 6
Exhibit A
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Page 6 of 6
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
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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 8, 1999 , and that the same
is a true and conect 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 12th day of
November , 19--22__.
Linda S. Vee, City Clerk
(S EAL)