HomeMy WebLinkAbout#4035 - variance �... .-
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��� � ��'�' RESOLUTION OF THE CITY COUNCIL
9�ESH�g' NO. 41. �"y ``; .;�
A RESOLUTION GRA\'TING A VARIANCE
TO MUtiICIPAL ZONI\G CODE
SECTIOti' 10.22, SUBDIVISION 1(B),
FILE NO. #2320
WHEREAS, Mitchell and Asta Gersovitz (hereinafter "the applicants") havina
an interest in the property located at 3650 Casco Avenue within the City of Orono (hereinafter
"the City") and legally described as follows:
Tract A, Registered Land Survey I�'o. 1137, files of Registrar of Titles, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zonina Code Section 10.22, Subdivision 1(B) to permit the construction of a bay window over �
an existing deck on the lakeside of the residence and a dormer over the attached gara�e that
are ahead of the avera�e lakeshore setback.
NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
tilinnesota:
FINDI\TGS
1. This application was reviewed as Zonina File #2320.
2. The property is located in the LR-1C Sin�le Family Residential Zoning District
requiring 1/2 acre in area. The property consists of 38,060 s.f. or .87 acre.
3. The Orono Plannina Commission reviewed this application on February 17, 1998
and recommended approval of the proposed variance based upon the followina
findings:
l. The adjacent lot to the south, 3630 Casco Avenue is considered a
lakeshore lot as the zonin� lot has a 20' strip that abuts the lake. The
location of the residence on this property places the entire residence on
the subject property ahead of the averaje lakeshore setback.
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�� G'�'/�' RESOLUTION OF THE CITY COUNCIL
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the subject property ahead of the avera�e lakeshore setback.
2. The additions will not further encroach upon the average lakeshore setback
or diminish existing views.
3. No other variances are necessary in the construction of the additions.
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 variances 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 includin� 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.
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 10.22, Subdivision 1(B) to allow the
construction of a bay window over the existing deck on the lake side of the residence and a
dormer over the existing attached garage that encroach 61.6' and 38' ahead of the average
lakeshore setback where no encroachment is allowed and 83' is existing.
1. 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 pernut within one year of the date of Council approval, or this variance
will expire on that date (February 23, 1999).
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2. Violation oT or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
3. The undersi;ned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby ajree to the recording of this resolution in the Chain of Title of
the propem�.
Adopted b�- the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd da�- of February, 1998. .
ATTEST:
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l.•2 L�z.. �: l//�,
Linda S. Vee, City Clerk Gabri Jabbour, Ma or �
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Property Owner %
STATE OF MI�i 1NESOT� )
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COUNTY OF HENNEPL\ )
The foregoing inscrument was ackno�vledged before me on this 23rd day of
February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Nlinnesota municipal corporation and said instrument was executed on behalf of the
City. .
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•j . CAROLE A.HASEMAN ��Y�'�J �' ��9�,��> �
�; '�������% NOTAAY PUBUC-MINNESOTA —
�����t��;� HENNEPINCOUNTY Notary Public
.1 ,,�;e
My Commission Expires Jan.31,2�00
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��kESH��� NO. � �� �> �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENi�TEPIN )
On this�s� day of �rhr ��: � , 199 � before me a\otary Public within and
for said county, personally appearei �-f;�--c•6�P11 Ct��,,fZ, rrurri�d � ��r� Ce�;ov�f� ,
known to me to be the person(s) de_�ri�ed in and ���ho esecuted the foreQoin� instrument, and
acknowledjed that he (they) executed thz s�e as his (their) free act and de:,d. �
� il ��. �rJ U.TI'�l�l��/7'ZtL�
CAROLE A.HASEMAN
�� '���� NOTARY PUBUC-MINNESOTA NOTARY PUBLIC
�' \t.�,�,:� HENNFPIN COUNTY ,
- �`�:'� My CemmiSsion Fxpires Jan,31,2�00 ,,
L_�" -...�""�.�s.�.-,�'^"�...c�:,�..Je:.a�c.:::�.�::e,;.Z.:..c.J)
STATE OF MINNESOTA )
) ss_
COUNTY OF HENNEP�T )
On this�day of F�br�<tr,� , 199�before me a\otary Public within and
for said county, personally appeare� �,ta (�erx v tz, mn�r��� to �(;F�1��ll Gr�so��;�'z.,
known to me to be the person�s) de��ri�ed in and who executed the toreJoinQ instrument, and
acknowled�ed that he (they) execLte�thz sz-�z as his (their) free act and deed. �
� � ��
CAROIE A.HASEMAN ` �y�` � 1���"��-�J
3� •'�'-�.��� NOTARY PUBUC-MINNESOTA \OTARY PUBLIC
+ � �• HENNEPIN COUNTY
" \``''�'° My Commission Expires Jan.31,2�00
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