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Home My WebLink AboutResolution 3383 < < ' � ' a I O . � �' CITY of ORONO �f� O � O � �g'?��=� RESOLUTION OF THE CITY COUNCIL � �, ��,� .:a;� �, No. 3 3 � � ,� Y, Gti ; ; ��EsBOg'� � . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1893 WHEREAS, Christine Arko Freeman (hereinafter "the applicant") is owner of the property located at 2240 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: . � ; � Lot 8, Block 1, Wiley's Park, Hennepin County, Minnesota (hereinafter "the property"); � and ' • WHEREAS, the applicant has applied to the City for a variance to Municipal ' Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a 10' x 28'6" addition to the northwest side of the existing residence to be located 6'7" from side lot line � instead of the required 10'. � NOW, TIiEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: _ FINDINGS 1. This application was reviewed as Zoning File #1893. 2. The property is located in the LR-1C, Lakeshore Residential Zoning District requiring 1/2 acre or 21,780 s.f. in area. The property consists of 16,203 s.f. 3. The Orono Planning Commission reviewed this application on January 18, 1994, and recommended approval of the proposed variance based upon the following hardships and unique findings: • Page 1 of 5 � Form5005 DlskOrono ' � , � .� � � ti � O� �. ;;: O Q CITY of ORONO • �� ?e�'=� RESOLUTION OF THE CITY COUNCIL " ,� �� ..�,�::�: � 3 3 � � . . ,� � �Y �� y�, � N0. ��9� , o¢�G ' ESH A. The house has been placed to the middle of the 50' wide residential lot and any addition to east or west sides would require a variance. B. The proposed entry addition has been placed at the only functional or � reasonable location based on the existing layout of the first floor plan. C. The proposed addition will be a single story addition minimizing impact ; on substandard side yard. D�. The neighbor to the northwest receiving most impact from proposed : addition has submitted a letter approving the support of the proposed . improvement. ; E. The proposed addition will not encroach the average lakeshore setback: F. All structural improvements are proposed at 13% where 15% would be ' • allowed. . � G. Hardcover within the 75-250' setback area is maintained at 3,106.4 s.f. or 24.9%. � 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 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 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. • Page 2 of 5 . Fam SOUS DisX Orono . � � ��' ITY of ORONO O . O � C • �`�'�?��=� RESOLUTION OF THE CITY COUNCIL � �� ., �, a� � � � ��y�� ti No. � 3 � �°� '�� ;. �, Gti �`�k'ESI;�g'� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivisions 6 (B) to permit the construction of 10' x 28'6" entry addition to the northwest side of the existing residence requiring approval of a 3'3" or 33% side setback variance subject to the following conditions: 1. Applicant is hereby placed on notice that if plastic or geotechnic fabric is found beneath landscape areas totalling approximately 18.5% in area that the existence of such would be in violation of the conditions of approval of this variance and will require the unmediate removal. 2. Authorities granted by this variance run with the property not with the applicant, 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 (February 14, 1995). . 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 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. • ' Page 3 of 5 r�soos a�o�� ' CITY of ORONO j� O � O � • ' -��.;� �- e> > RESOLUTION OF THE CITY COUNCIL ,�,� '� l '�:�, D,,, NO. � � � ��'' � titi Y, ��9x og�G . EsH� Adopted by the Orono City Council on this 14th day of February, 1994. A EST: , f �" , rothy M. allin, City Clerk Edward J. Callaha Jr., ayor � �� Property Owner(s) '' • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 14th day of February, 1993, 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. ��/r�� CAROLE A. HqSEMAN Notary Public N07AAY PUBLIG—MA�MESOTA HENNEPIN COUNTY - MY COMMISSION EXPIRp 623�98 ' � � • " � Page 4 of 5 ' Fam 5005 IXsk Omm ( � • - ► . . O . � �' CITY of ORONO :. • � .-�'�;e�=� RESOLUTION OF THE CITY COUNCIL � 1��Y �.��,� �, N0. e� c� � e.�'3 ti �� o��p Es8 L STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) _ �, On this ��f� day of tr , 199 `� before me a Notary Public within and for said county,personally appeared • -t-' �- e e i /� known to me to be the person(s) described in and who executed the foreg ng instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN _��, � �� NOTARY PUBLIC-MINNESOTA j HENNEPIN COUNTY NOTARY PUBLIC • - MY COMMISSION EXPIRES i�2'S�9B • 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. � NOTARY PUBLIC , ' • Page 5 of 5 r«mwos o��oro�o