HomeMy WebLinkAbout#1814 Recorded Resolution 3276CITY of ORONO
RESOLUTION \}F /flJf ,C,ITY COUNCIL
~i, ,,,, " ' ) NO. ______ _
A RESOLUTION GRANTING
V AIUANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1 (B);
10.22, SUBDIVISION 2; AND 10.25, SUBDIVISION 6 (B)
FILE #1814
WHEREAS, Thomas Berthiaume and Cherryl Kachenmeister (hereinafter "the
applicants") are owners of the property located at 3035 Casco Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Tract A, RLS No. 394, He1mepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivision 1 (B); 10.22, Subdivision 2; and 10.25, Subdivision
6 (B) to permit the construction of a two story lakeside addition measuring 17'6" x 26'3" and
an addition to the existing grade level deck at 6 1 x 19'2". A corner of the two story addition
will be located 8' in front of the average lakeshore setback line where no such encroaclunent is
allowed. The two story addition shall be located 9' from the side lot line instead of the required
10'. The proposed improvements will result in a 5.7% reduction of hardcover within the 75-
250' setback area and a 246 s.f. or 3.2% reduction in the 250-500' setback area. In the 75-250'
setback area, hardcover exists at 6,909 s.f. or 63.97% and is proposed at 6,293 s.f. or 58.27%.
In the 250-500' setback area, hardcover exists at 3,285 s.f. or 42.6% and it proposed at 3,039
s.f. or 39.4%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
IrINDINGS YRANSFER ENTEND
DEP'f. Ot' />flllPlRfY TAX & PUBLIC Rf CORDS
1. This application was reviewed as Zoning File #1814.
AUG 9 1993
Page 1 of 5 7~ BY -DEPUTY ('-~
fonn 500> o;,1 O<ono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 2 1
/ (-)
2. The property is located in the LR-1 C, Lakeshore Residential Zoning District
requiring 1/2 acre or 21,780 s·. f. The prope11y consists of .55 acres or 24,130
s.f.
3. The Orono Planning Commission reviewed this application on April 19, 1993,
and recommended approval of the proposed variances based on the following
hardships and findings:
A. The property exceeds the required area for the zoning district but has an
unusual narrow shape.
B. The location of stmcture on property.
C. There is no adjacent land available.
D. Neighbor's drive and turnaround encroaches on applicants' property
adding 7. 7 % hardcover within the 75-250' setback area and 6. 7 % within
the 250-500' setback area.
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 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.
5. 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.
Page 2 of 5
\
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
i"1 1..'l, 1/ Q NO. i.P f.,J I, )
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono Ci,ty Council hereby
grants variances to Municipal Zoning Code Sections 10.22, Subdivision 1 (B); 10.22,
Subdivision 2; and 10.25, Subdivision 6 (B) to pem1it the construction of a two story addition
and lakeside deck requiring an average lakeshore setback variance of 8', a side setback variance
of l' or 90% and approval of hardcover excesses within the 75-250' setback area where
improvements are proposed, hardcover to be maintained at 6,293 s.f. or 58.27%, subject to the
following conditions:
1. All existing hardcover improvements scheduled for removal must be completed
prior to the footing inspection for the new residential construction.
2. 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 (May 10, 1994).
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 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 May, 1993.
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
0) ... ·, i /
No t,' / •• ·-------
STA TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of May,
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.
CAROLE A. HAsEMAN
NOT AAV POBI..IO-MINNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES 11-23-SG
Page 4 of 5
at,f4Le_)c iL&1/L?2da/
Notary Public '
My Conunission Expires
fDOI 5005 Oi1&()r°"'
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
• ! ~· i '; /
NO. '· " •-'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Ji#'-day of ~
Public within and for said county, personal.lpeared _,
.~ known to me to be the person( described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
JAMIE L BOSMA
HOTMY PU8UC-MINNESOTA
HENHEPIN COUNlY
My Comm. Expil8S 12-19-97 ·
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
~;/,~a_
NOTRPUBLIC
On this cJ. µo day of ~J~ , 199 3 before me a Notary
Public within and for said county' person~ ppeand '.,j/Lv, I-~ (}. ~./u'a-u,,.L,L/
._,//Jt:04,:,,J known to me to be the person(s) descrioed in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
JAMIE L. BOSMA
NOTAAV PU6UC-MINNESOTA
HENNEPIN COUNlY
M't Comm. Expl,es 12-19-97
Page 5 of 5
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLTUION 3 f:~
I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
for e·g o in g copy of a res o 1 u t ion of the C i t y Co u n c i 1 of the Ci t y 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
o n May 10 , 1 9 9 3 , a n d that the same i s a tr u e
and correct copy of said resolution was duly adopted by ~aid City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
12th , day of May , 19 93 ----
allin, City
(SEAL)
•
0
2409496
ri '.:G\ST:R ED VOL ~L:l .
~AG :~£).
OFFICE OF THE REGISTRAri
OF TITLES
HENNEPIN CO UNTY, MW0:"'
CE RT I FI ED FI L~D ON
UG 1 1 1993
/?.tl,,:;L.·oP
BY REGISTRAR OF TITtfS
DEPUlV
m--./o~! Sov {ceS
r'fftlft5 -CJ f