HomeMy WebLinkAbout#2393 Recorded Resolution 4141CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 -~ /.!! '11 NO. ,C ~~ .lL
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
AND SECTION 10.56, SUBDIVISION 16 (C-1&2)
FILE #2393
I°', L!C/ I _)c~Yf { 7
WHEREAS, Richard Kaii and Carol Kail (hereinafter "the applicants") are
owners of the property located at 2917 Casco Point Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 108, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and
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 July 20, 1998, 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, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C-1&2)
to permit construction of a 14'x20' garage in the_ 250-500' setback where 3,522 sq. ft. (39.4%)
hardcover exists and 3,610 sq. ft. (40.1%) is proposed where 2,697 sq. ft. (30%) is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
1.
2.
3.
4.
FINDINGS
This application was reviewed as Zoning File #2393.
The property is located in the LR-lC Zoning District, where 1/2 acre or 21,780
sq. ft. is the minimum lot area. The property consists of .206 acres or 8,990 sq.
ft.
The Orono Planning Commission reviewed this application on July 20, 1998,
and recommended approval on a vote of 6 to 0.
The Planning Commission made the following findings of fact:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No 4 "~ ,4_ -~
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A. The subject property does not meet lot area or lot width standards. The
existing residence does not meet the side yard setback from the east
property line.
B. The lot provides driveway access to the adjacent lakeside property which
is also owned by the applicants.
C. The property currently does not have a garage.
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or rnore of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section l 0.22, Subdivisions 1 and 2 and Section
10.56, Subdivision 16 (C-1&2) to permit construction of a 14'x20' garage where hardcover
exceeds the maximum allowed. A variance is required to increase from 39.4% to 40.1 % in
the 250-500' setback where 30% is allowed. Approval was subject to the following conditions:
1.
2.
3.
The garage shall not exceed 14'x20' and shall be located 10 ft. from the rear and
side property lines.
The existing shed in the street yard shall be removed.
The applicants and future owners are on notice that future requests to increase
hardcover will not be favorably reviewed.
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CITY of ORONO
R ESOLUTION OF THE CITY COUNCIL
NO. 4 J 4. 1
4. 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 (August 10, 1999).
5. Violation of or non-compliance with any of the terms and conditions of this
res ~1luti on shall constit ut..:: a v iolation of the zoriing code , shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
6. 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 10th day of August, 1998.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
l .,1 I ·,•
ss.
The foregoing instrument was acknowledged before me on this 10th day of
August, 1998, 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 Public
Page 3 of 4
. ' , . .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
. RESOLUTION OF THE CITY COUNCIL
-NQ ; 4 1 4 l ~
0~ this 1).--1 ~ day of A 111 us t , 199 L before me a Notary Public within
and for said county, personally appeared ..._(bd,,'-'r.,._o.,_/ _.l< ..... alU,'-'. I..._, _.f>?c.u.sati ..... r .... r:_,_i ,._eJLL.-----------
kno wn to me to be the p t rson(s) described )TI and who exec uted the foregoin g instrument , and
acknowledged that he (they) executed the same as hi s (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this .L]__ day of ~ ,)991[ before me a Notary Public within
and for said county, personally appe cl ~~ ~ ./{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 .
,~i. Uk.; ~OMQUIST
~
(' :y~-,~, NOTARY PUBLI C-M INN ESOTA xt·\:.•i.,,.-. · HENNE PIN COUNTY
~~S:·' My Comm . Exp ires Jan . 31 , 2000 -~-~------"'
Page 4 of 4
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RESOLUTION# 4 l 4 ! · ~
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
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 August 10, 1998 , 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 -~l~lt=h~_ day of
August , 19 __2L.
Linda S. Vee, City Clerk
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