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Home My WebLink About#2520 Recorded Resolution 4355CITY of ORONO RESOLUTION OF THE CITY COUNCIL 1.11, q r; I!' NO. -.',I.. '! . ...:> •~.-· ,,,:; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L)(2) FILE #2520 WHEREAS, Tom B. Berthiaume (hereinafter "the applicant") is owner of the property located at 3035 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: All of Tract A, Registered Land Survey No. 394 except that part lying Northerly of the following described line: Beginning at the Southeasterly corner of Tract B in said Registered Land Survey; thence Southwesterly along a line drawn through a point on the base line as shown on said Registered Land Survey, 80 feet Northwesterly from its intersection with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka, and there terminating, files of Registrar of Titles, Hennepin County, lvlinnesota (hereinafter "the property"); and \VHEREAS, 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 September 20, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit extension of eaves located on one side of the house; per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 6,221 s.f. (57.6%) hardcover in the 75-250' lakeshore setback area where 6,293 s.f. (58.27%) exists and 2,700 s.f. (25%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL Li. t~:) i~ t:t NO. A ~.:, .<J, Y.,;1 ____ _..;;:,. __ _ FINDINGS 1. This application was reviewed as Zoning File #2520. 2. The property is located in the LR-lC, Zoning District where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of .56 acres or 24,130 s.f. 3. The Planning Commission reviewed this application on September 20, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A The roof line would be extended approximately 2 feet. B. The sidewalk is currently located under the roof line and creates a hazardous situation when roof runoff occurs. C. All landscape plastic will be removed upon completion of the addition. 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 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. 6. 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 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ·.s. ~ Fi ~ 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 (B) to permit extension of eaves located on one side of house and per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 6,221 s.f. (57.6%) hardcover in the 75-250' lakeshore setback area. Approval was subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan and/or hardcover may require further Planning Commission and City Council review. 2. Underlain plastic shall be completely removed from the property. 3. 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 (September 27, 2000). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL A()f~~ NO. J..tt <!J"' .. ~s ~ ... J Adopted by the Orono City Council on this 27th day of September, 1999. ATTEST: Linda S. Vee, City Clerk ~gr~~ Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of September, 1999, 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. Page 4 of 6 , CITY of ORONO .RESOl,..UTION OF THE CITY COUNCIL NO. 4 3 ~) 5 NESOTA) ) ss. COUNTY OF HENNEPIN ) On this ~'3+,, day of October , 1991.__ before me'a Notary Public within and for said county, personally appeared 7am £3, f3erlhia:v n,e, 01 ,:;;-r:ric: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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Aq-11, day of Oci-cber: , 199.2_ before me a Notary Public within andforsaidcounty,personallyappeared C'hcccyl Id-Ko.ckn (Vlei~+e ...... , YYICi't"f',·~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. a / O}{tt:&,C.~, NOTARY PUBLIC· Page 5 of 6 >tj w )Q (D (J"\ 0 H1 :J'\ r ro x (1) '3:. \_ '?:. ~ ,.~~,,,.., -~,,._c-<IA ~- , .... t~· ~ ~~ r1. ,,.- i._, LfGA~ OESCRfPTfOH OF PREMISES SURVEYEO: trJ & 1,-1, -. O"' f-1· rt :i:,. ~ f""' ~ ~ All of Tract A, Registered Land Survey Ho. 394 except tnat part lying Northerly of the following descrl~ed line: ·Beginning at the Southeasterly corner of Tr4ct B In said Registered Land Survey; thence Southwesterly along a line drawn through ·a point on the base line as shown on said Registered Land Survey, 80 feet Northwesterly fro~ Its Inter section with the Southeasterly line of said Tract A, to the shore of Lake Minnetonka, and there ter~lnatlng, fll~s of ~eglstrar of Titles, County of Hennepin. This survey Intends to sh-iw the IJoundarl~s or lhe alJove . . . . . . ,. . . ' --... ~ .. -... ~~ . ~- 9' t( ____ -:rr :\r:i )~t ,. ·,.•.::. .. -r: iJ N Sfl E 1 E:F [ ' L:i·INt:P/1, r.f)l/NT'f "I X '\ ' l:E fl VIGl::1;1 '1 RESOLUTION# _4_3_, _5_5_. · __ 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 September 27, 1999 , 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 __ S~th~_ day of October , 19 ___22_. Linda S. Vee, City Clerk (SEAL)