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Home My WebLink AboutResolution 3231 � . = �<t . O � �' � CITY of ORONO O :�, � � O •' �;�. � RESOLUTION OF THE CITY COUNCIL ' ;.�`;;.. ,�,�,1 �^ ��,:,: ��, NO. 32�1 Y ��9� og�G Es8 A RESOLUTION GRANTING � . , A VARIANCE TO � MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) � FILE #1791 � WHEREAS, Blake Bichanich (hereinafter "the applicant") is owner of the property located at 332 Westlake Street within the City of Orono (hereinafter "City") and legally described as follows: • Lots 4 and 5, Block 1, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to his existing house within a substandard side yard setback. The maximum encroachment into the side yard setbacks will remain at 20.1' to the north side lot line and 12.7' to the south side lot line � where the required side yard setback is 30'. . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, ' Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #1791. � � 2. The property is located in the LR-lA, Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January.l9, 1993, and recommended approval of the proposed variance based on the following findings: • � � Page 1 of 5 � � , Fam 5005 Disk Orono : : � O � �' . CITY of ORONO .� O :�, � � O ,: � �� RESOLUTION OF THE CITY COUNCIL `� ��'�.' ., . ,�'' 3 2 1 '�+� � ,; �,� �' N0. 3 ti � �l`9k' O,g'�iG , ESII A. A combination of the two parcels will bring the property closer to conforming to 2 acre minimum requirement. ' � B. The narrow lots severely restrict development on the combined parcels. C. The maximum encroaclitnent into the side yard setback area will remain the same and hardcover additions within the substandard setback will be limited to 50 s.f. in area. . D . . The hardcover including all proposed changes is well below the required . percentages in all but the 0-75' zone, which will not be intensified. E. Lot coverage for the combined parcel is approximately 2%. 4. 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. 5. The City Council fmds that the conditions existing on this properry 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 d'ifficulty; 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. CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings; the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of additions to the existing home subject to the following conditions: . 1. . Two parcels, 324 and 332 Westlake Street, must be legally combined prior to the issuance of a building permit for the proposed construction. • Page 2 of 5 ' . F«m soos a�ao�o o.�,. � CITY o� ORONO O � O • ,-� �;��T� RESOLUTION OF THE CITY COUNCIL rl �� .�.:;,. �„ �, � s �� , NO. 3 2 31 ��9� og�G ESii 2. The residence must be connected to the municipal sewer prior to the .final inspection by the City inspector of the new construction. 3. Applicant is placed on notice that the accessory structure located within the 0-75' setback zone is non-conformi.ng and subject to all pertinent ordinances. Any structural repair will require City approval. � 4. Authorities granted by this resolution 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 (February 8, 1994). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation�of the zoni.ng code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. • 6. 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 properry. � � . Adopted by the Orono City Council on this 8th day of February, 1993. ATT T: . J . � �'l ` orothy M. a m, City Clerk . Edward J. Ca an, Jr., Mayor ' ��,/;�e.��l��.....� Property Owner(s) � • Page 3 of 5 - . Form 5005 INsk Orom , • ' Y O � � CITY of ORONO � �=� .� � � �� RESOLUTION OF THE CITY COUNCIL � � � �" 3231 �, � y., �� c�' NO. ti ��9� og�G Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) - �. ` The foregoing instrument was acknowledged before me on this 8th day of February, 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. . . � "�1�,�/�i. ��.��.,/ Notary Public �A�E A. HASEMAN nior�ar auei�c--�emnuesora HENNEPIN COUNTy - MY CpMAA�$�pH EXPIRES&23fp • My Commission Expires • � � Page 4 of 5 � � � � . � . Fam5U05 Diskdono �i M� -�1 } � , � � O� . O ;. O CITY of ORONO � � ��e�T� RESOLUTION OF THE CITY COUNCIL � � �� •1.�;;. � 3231 � �, n�� , N0. '�,,� :, .�, G �9k'ES80g'� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3 � � day of �ur��2 , 199 � before me a Notary Publicwithinandforsaidcounty,personallyappeared �(ccKe (Vl, a:�liun��h � /j1arV ��anSS'en� �,�,nmar��e�awn��. a�-l�e ��a��y�own 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. VEE NOTARV PUBLIC - MINNESOTA 'r HENNEPIN COUNTY N y pUgLIC , � Nly commission expires &12-98 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 � • Page 5 of 5 � " � . - � , Fam5W5 DiskOrono