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Home My WebLink AboutResolution 3354 r r 6288600 CITY of ORONO a RESOLUTION OF THE CITY COUNCIL 1A ,�, NO. I � ESH0 TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES A RESOLUTION GRANTING A VARIANCE TO MAY 20 1994 MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) h n'MANN. BY FILE #1880 EPU'fY WHEREAS,Thomas Regnier and Jane Best Regnier(hereinafter "the applicants") are owners of the property located at 1205 Elmwood Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 5, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of additions to the existing residence, such additions being located 6.5 feet from the side street lot line where a side street setback of 35 feet is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS L This application was reviewed as Zoning File #1880. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 18, 1993, and recommended approval of the proposed variance on a vote of 6 to 0, based upon the following findings: A. The additions will have no significant effect on the perception of visual density in the neighborhood. Page 1 of 5 Faa sane Disk dap O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL $EgII0 B. There is no other reasonable and feasible location for the addition meeting the code requirements, the hardship being the existing house location and the lot width in relation to the required side street and side yard setback. C. With appropriate vegetative screening and removal of an encroaching fence along the north side of the garage, the additions will have no detrimental impact on the neighborhood. 4. This application is a renewal of variances previously granted via Resolution#2852 (Application File #1566) on August 13, 1990. 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. 6. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a second story addition and westerly extending room addition to the existing residence, such additions being 6.5 feet from the side street lot line where a 35 foot side street setback is normally required, subject to the following conditions: 1. Applicants shall remove the existing fence area located on the north side of the garage, prior to footing inspection for the additions. Page 2 of 5 famM Disks OO CITY of ORONO m� RESOLUTION OF THE CITY COUNCIL NO. ` $EgHO 2. Applicants shall limit hardcover in the 75-250 foot zone to 25%. All existing and proposed hardcover approved with this variance application is recorded on the survey and hardcover calculation attached to this resolution as Exhibit A. The current owner and all future owners of this property are placed on notice that hardcover shall be maintained at the current levels, and any proposed improvements to this property that will result in additional hardcover must be approved by the City and such approval'may result in a requirement for concurrent equivalent or greater removals of existing hardcover. All existing hardcover scheduled for removal, as shown in Exhibit A must be removed prior to the footing inspection for the new construction. 3. As part of the building permit application, applicants shall provide a vegetation/screening plan for the area north of the westerly addition, such plan to provide a sufficient number and size.of plantings to yield a 70% opaqueness at full maturity to a height of at least 10 feet. These plantings shall be completed within 90 days of the date of final inspection of the additions, and failure to provide such plantings shall be considered a violation of the terms and conditions of this resolution. 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 (November 8, 1994). 5. 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. 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. Page 3 of 5 Form 5005 Disk Orono O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL F, NO. �9kE3I;0 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of November, 1993. AT ST: 6, orothy M. all n, City Clerk Edward J. Calla , Jr., Mayor 1 /-K� !� ? Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of November, 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. LINDA S. VEE Notary Public NOTARY PUBLIC - MINNESOTA lie HENNEPIN COUNTY My commission expires 8-12-98 Page 4 of 5 Fam 5005 Disk Orow O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL FF NO. Y STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of llh u w b e r 199 before me a Notary Public within and for said county,personally appeared �n n e_ Leo' known to me to be the person(s) describedih described' and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE �`� J NOTARY PUBLIC - MINNESOTA NO Y PUBLIC HENNEPIN COUNTY My commission expires 8-12-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ) `-- day of Mo- 4 , 199S/ before me a Notary Public within and for said county,personally appeared Jho le :e r 777,zrrieJ 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. LINDA S. 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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 such resolution in the Minutes of the I proceedings of said City Council at a meeting of said City Council held on _ November 8 , 1993 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto se-t my hand and seal this loth day of November 1993 orothy allin , City Clerk (SEAL) t u.3 628860{ :10MA'I'94 9:59 062/88600 SCD $4.50 ?0t1A 94 9:59 C6288600 DOC $15.00 fi OFFICE OF OgNTY REEcmu HEh,' PIM C (1�tTY,MINKSOtA t XERiiF{ED FiIED AND OR RECORDED ON i i9,94NAY 20 AN 9: 53 AS 4CU+'Et;7'"19288600, u '`2 • ._.nFP1iTY e dA y 9�