HomeMy WebLinkAbout#2810 Recorded Resolution 3818CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 1 8
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISION 14 (C) AND
10.22, SUBDIVISION 2
FILE #2180
\VHEREAS, Peggy R. Pichelman (hereinafter "the applicant") is the owner of
the property located at 2920 Casco Point Road within the City of Orono (hereinafter "City")
and legally described as follows:
Tract M, Registered Land Survey No. 461, Hennepin County, Minnesota (hereinafter
"the property"); and
\VHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subdivision 14 (C) to permit construction on property that would
result in 17.1 % structural coverage where the code would allow 15% and a variance to Section
10.22, subdivision 2 as proposed hardcover improvements within the 75-250' setback area are
proposed at 3,030 s.f. or 39.3% where 25% is allowed and where 33.4% exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2180.
2. The property is located in the LR-IC, Single Family Lakeshore Residential
Zoning District requiring 21,780 s.f. or 1/2 acre in area.
3. The Orono Planning Commission reviewed this application on October 21, 1996
and November 18, 1996 and recommended unanimous approval of the variances
as amended based upon the following unique findings and hardships:
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
8818 ·~
NO. ------~
A. 46±% of the area of the this property is located within the 0-75' setback
area where no improvements are allowed.
B. The house is currently served by a single stall garage.
C. All proposed improvements will meet the required setbacks of the LR.:1c
Zoning Districts.
D. There is no hardcover proposed within the 0-75' setback area. The
lakeshore yard is a flat sloped grassed area.
E. The proposed improvement plan as amended will be more consistent with
the pattern of development within the Casco Cove neighborhood.
F. The neighbors in attendance at the November 18th meeting of the
Planning Commission noted their approval of the amended proposal.
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.
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 10.03, Subdivision 14 (C) and Section
Page 2 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 1 8 ~,
10.22, Subdivision 2 to permit construction of a new first and second floor and grants a
structural coverage variance of 2.1% and a hardcover variance in the 75-250' setback of 1,103
s.f. or 14.3%, subject to the following conditions:
1. Upon application for a building permit, applicant shall be responsible for
providing an updated survey locating all proposed improvements as shown on
Page 6 of this resolution. All improvements shall be limited to those shown on
the improvement plan. Applicant shall also provide a detailed grading and
drainage plan with final construction plans.
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 (December 9, 1997).
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.
Adopted by the Orono City Council on this 9th day of December, 1996.
Page 3 of 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 1 8 ~
The foregoing instrument was acknowledged before me on this 9th day of
December, 1996, 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.
Notary Public
' .:,;..--..... , • <ii!':
;. ,:,. ... ,· .• \·~ , LINDA S. VEE ,.. ,. . • t,OT,\C(p" ('
i' •.· ..•. · ·• UuLt,,-M/NNESO'"•
{ / I r 11t'[t"1.i ..., 11'1, k 1,', ~, •. ,,, 1 ' ,,, GOU.'JTY
.....__-<." ~' ,..> --r:., (";en E.x--
.. • --. ·a-• .. ..: .,;res Jan, 31 2000
V~ I\,
Page 4 of 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. !8 8 1 8
On this 2 c-lJJ day of ;) c' < c' ,;, I,,-,-, 199 l._ before me a Notary Public within
~~~~~ ~~~:~~t~~ p::~:~~~n~~re:::rifaJJit !/~h~ 2 ~~~~~t;~r~~f ~~~~~in~ :~s~~~~~;,-~~dm ~ L·v~ ,{_
acknowledged that he (they) executed the same as his (their) free act and deed.
,/'
1,,,-l I-J-:' //.,__,-, J (/,_(__-
NOTARY PUBLIC
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
ST ATE 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 6
8818
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Page 6 of 6
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLillION # .8 8 1 8
I, Dorothy M . Hallin, 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 s.uch resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held on
December 9 , 19 ...9£.., 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 11th -------
day of December , 1996 -=-=-
, City Clerk
(SEAL)
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