HomeMy WebLinkAbout#2219 Resolution 3862·CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 6 2
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 AND
SECTION 10.03, SUBDIVISION 9
FILE NO. 2219
WHEREAS, Penny Saiki (hereinafter "the applicant") is the owner of the
property located at 2874 Casco Point Road within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 38, Block 4, Casco Heights and Tract C, Registered.Land Survey No. 461,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 to permit relocation of an existing garage to be
located 30' from the street and 20' from the front property line where a 30' setback is required.
Per Section 10.03, Subdivision 9, to permit the relocated garage to be located approximately
3' forward of the principal structure where no accessory building is allowed to be located nearer
to the front or street lot line than the principal structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2219.
2. The property is located in the LR-lC Single Family Lakeshore Residential
Zoning District requiring one-half acre in area. The property consists of 14,686
s.£ or .337 acres.
3. The Orono Planning Commission reviewed this application on March 17, 1997,
and recommended approval of the proposed variances based upon the following
findings:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 6 2
A. The proposed design does not require structural lot coverage or hardcover
variances.
B. The applicant shall verify on building plans that the principal structure
and the garage are separated by at least 1 O'.
C. The proposed design preserves light and lake views and allows for air
circulation on the property.
D. The Public Services Director has approved the proposed driveway with
two curb cuts.
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 above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.03,
Subdivision 9 to permit the relocation of an existing garage to be located 20' from the front
property line, 30' from the street, and 3' into the front yard forward of the principal structure,
including a driveway with two curb cuts. Approval was subject to the following conditions:
1. The relocated garage shall be located at least 10' from the principal structure.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 6 2
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 (March 24, 1998).
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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of herself, her heirs, successors and assigns,
hereby agrees 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 24th day of March, 1997.
lin, City Clerk
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
8 8 62. NO. ______ _
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
March, 1997 by Gabriel Jabbour 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.
~~~~~~~
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,g g ·t-->i day of Na_, e h , 199 _1__ before me a Notary Public within and
for said county, personally appeared Pc.' ,1 n y <5 c.; ,· I<., > /'.l ll t D:J af V' 1' e 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.
NOTARY PUBLIC
)
) 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.
NOTARY PUBLIC
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