HomeMy WebLinkAboutResolution 73695 7
LAND TYPE Torrens (T)
DOC NUM 6019985
Certified, filed and/or recorded on
Jun 23, 2023 1:54 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 87 Pkg ID 2575964E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
1524895
This cover sheet is now a permanent part of the recorded document.
g-O
O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7369extsH01-
A RESOLUTION TERMINATING
RESOLUTION No. 5918
WHICH GRANTED VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279(1) & (6), 78-1288 and 78-1405(6)
WHEREAS, On March 8, 2010, the City of Orono granted Clifford Swenson and
Barbara Swenson three variances via Resolution No. 5918 as follows: a variance to Orono
Municipal Zoning Code Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a
grade level deck 28 feet from the OHWL of Lake Minnetonka and ahead of the average
lakeshore setback line; a variance to Orono Municipal Zoning Code Section 78-1288 to allow
construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot
setback zone where 112 square feet(lake access stair) is normally allowed; and a variance to
Orono Municipal Zoning Code Section 78-1405(6) to allow a grade level deck to encroach into
the required 10 foot side yard (together the "2010 Variances"). Said 2010 Variances were
granted by Resolution 5918 signed on March 8, 2010, and filed of record with the Hennepin
County Registrar on August 8, 2010, as Document No. 4781479 on title to property located at
2965 Casco Point Road within the City of Orono (hereinafter the "City") and legally described
as follows:
Tract A, Registered Land Survey No. 1470, files of the Registrar of Titles,
Hennepin County, Minnesota (hereinafter the "Property"); and
WHEREAS, the present owners of the Property are Timothy J. Oare and Leslie M.
Oare, as Trustees of Dennis Oare Living Trust dated March 11, 2016, and John S. Abbott and
Michele Williams-Abbott, as trustees of the Michele Williams Abbott Revocable Trust dated May
17, 2001.
WHEREAS, the present owners of the Property applied for and on February 27,
2023 were granted a variance to Orono Municipal Zoning Code Section 78-1433 via Resolution
No. 7344 to allow an Accessory Dwelling Unit (hereinafter the "ADU") use on the Property 0.73
acre in area where 1.0 acre is required, and independent (not shared) utility connections are
required. Said grant was expressly subject to conditions, including the following condition:
Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by recording the Subdivision Exception documents (File
LA21-000078) and new deeds for the properties. The Subdivision Exception documents, and
new deeds must be recorded within one year. Upon said subdivision, the land previously
comprising the Property will be split into two parcels, each of which will be combined with the
adjacent properties. Both of the resulting parcels conform with Orono regulations to an extent
that the land no longer qualifies for the 2010 Variances.
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gO C CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tA1 NO. 7369
ESHO
WHEREAS, the present owners of the Property have requested the termination of
the above described 2010 Variances granted by the City of Orono Resolution 5918.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
The City Council finds that upon completion of the lot split and combination described above,
the conditions existing on this Property will generally conform with the requirements of the
zoning code, compliance therewith will not create a demonstrable hardship or difficulty; and
termination of the 2010 Variances is in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
CONCLUSIONS AND ORDER
Based on the applicants' request, the Orono City Council hereby terminates all grants
set forth in its Resolution 5918 as signed on March 8, 2010, and filed of record with the
Hennepin County Registrar on August 8, 2010, as Document No. 4781479, including specifically
the 2010 Variances.
Adopted by the Orono City Council on the 12th day of June, 2023.
ATTEST:
6271774— 414140401111
Anna Carlson, City Clerk Dennis S. Walsh, Mayor
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