The URL can be used to link to this page

Home My WebLink AboutResolution 3268 FOPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. U.S.OFFICES: SUITE 3300 INTERNATIONAL OFFICES: 222 SOUTH NINTH STREET DENVER,COLORADO LEIPZIG,GERMANY MINNEAPOLIS, MINNESOTA 55402 TEL 303-893-1200 TEL 01137-41-4918471 TEL 612-333-4800 MIAMI, FLORIDA FAX 612-334-8888 STUTTGART,GERMANY TEL 305-530-0050 TEL 01149-711-296303 WASHINGTON,D.C. CAROL HASTINGS DIRECT DIAL(612)334-2533 TEL 202-962-8700 b May 18, 1993 NIA Y 2 .0 1993 Ms . Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Enclosed are original resolutions which could not be filed as they are Variances for Torrens property: Resolution No . 3268, File No. 1804 (Revier) ; Resolution No . 3194 , File No . 1737 (Hollander) ; Resolution No. 3272, File No . 1808 (Abrahamson) . I am holding Resolution Nos . 3264 and 3265, Files No . 1781/1782/1783/1784 , Carlson, until such time as you let me know when the subdivision has been created. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours, Carol Hastings Legal Secretary enclosures , w �y � /� , � O� O ,. O CITY of ORQ�TO � ��T . � � RESOLUTION OF THE CITY COUNCIL �, � ��. .�;�� yti No�� og�G ESS A RESOI;UTION GRANrING A VARIANCE TO MUNICIPAL ZONING CODE SECZ'ION 10.22, SUBDIVISION 1 (B) FILE NO. 1804 ' ,WHEREAS, Michael Revier (hereinafter "the applicant") is the owner of the � property located at 2691 Ethel Avenue within the City of Orono and legally described as follows: Tract C, Registered Land Survey No. 115, Files of Registrar of . Titles, County of Hennepin, except that part thereof lying southeasterly.of a line drawn from a point on the southwesterly line of said tract distant 15' northwesterly from the most southerly . corner of said tract, through the northeasterly corner of said tract (hereinafter "the property"); and . • WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of a new principal structure to be placed in front of the average lakeshore setback line where no such encroachment is allowed. � � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #1804. 2. The properiy is located in the LR-1C Lakeshore Residential Zoning District requiring a half acre or 21,780 s.f. in area. The property consists of � approximately 33,140 s.f. � 3. The Orono Planning Commission reviewed this application on March 15, 1993 and recommended approval of the proposed variance based upon the following findings: . A. The proposed location for the residence with walkout design is ideal for existing sloping topography and will minimize excavations and need for � retaining walls. Page 1 of 4 . . . Fam 5005 IXsk Omm � • O � �' CI�Y o� ORONO O �.. 4 � . :�.�=� RESOLUTION OF THE CITY COUNCII, '�'�'+� L. x,� ,y,ti NO. e� � �' � . -� ��9� og�G � ESS B. The proposed location of the structure will not require the removal of mature trees within the lakeshore yard. Applicant has agreed to install plantings along east side lot line to minimi7e visual impact of driveway - and side garage door. C. The properry exceeds the area and width requirements. D. No other variances are required for the proposed improvement. E. The former residence was also located in front of the average lakeshore setback line. � F. The higher elevations and existing mature plantings along the north lot line will minimi�e impact of lakeshore views of residence at 2684 Casco Point Road. It is also noted that a garage exists to the south side of the . • residence with no view windows to the lakeshore. 4. 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 diff'iculty; is necessary to preserve a substantial properry . right of the applicant; 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 Planni.ng Commission, reports by Ciry staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the placement of a new principal residence in front of the average lakeshore setback line, subject to the following conditions: • � Page 2 of 4 Fam5005 askOrono I �, 1 � ' ` t i � � CITY of ORONO : O ;, O � • �:;�=� RESOLUTION OF THE CITY COUNCIL `� � ..�,-;�, � NO.�� S � � ,� ��... � s ! ��`�$ Og'�G . � E38 ' 1. Authorities granted by this variance run with the properry 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 (April 12, 1994). 2. 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. 3. 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 ProPert3'• , Adopted by the City Council of the City of Orono, Minnesota at a regular meeting • held on the 12th day of April, 1993. A ST: - (/ < / � • � ;//�"1�� i/ _.lc �l � Dorothy . llin, City Clerk Edward J. C Ylahan, Jr., Mayor � � Property Owner (s) � : STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged befbre me on this 12th day of April, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin; Mayor and City Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . � ,� �.�� • . LINDA S. VEE O PllbI1C NO HENNEPIN COUNTY TA � � My commission expires &12-98 4 ;...3. r�� 3 �f ' ' . � . Fam5005 DlskOrono . �. , �� O� . O : p CITY of ORONO � ��.� RESOLUTIO�T OF THE CITY COUNCIL �� ,� � � �, NO. � � C�0 � Y � � � �� og�G ESI; STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) - • On this �� day of , 199 3 before me a Notary Public within and for said county,persona y appeared � ,,,n2 � known to me to be the person(s) described in and who executed the foregoing instrument, and ackaowledged that he (they) executed the same as his (their) free act and deed. . =M� JAMIE L.BOSMA Q�.,�JC� � ;� NOTARY PUBlJGMINNESOTA NOT PUBLIC • - ' HENNEPIN COUMY '•,�.��'" . My Comm.Expires 12-19-97 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 4 of 4 ro�soas a�oro�w