HomeMy WebLinkAbout#3560 - variance-1995 ,��\
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,�� �G"��: RESOLUTION OF THE CITY COUNCIL
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:� RESOLU'TION GRA.NTII�TG A VARIANCE
TO �iU��ICIPAL ZONING CODE
SECTION 10.22, SUBDIVISI4N 2
FII.E NO. 2008
WHEREAS, Tessa Marchessault and Greg Becker (hereinafrer "the applicants")
are the owners of the property located at 3133 Casco Circle within the City of Orono and legally
described as follows:
refer to E.lhibit A attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 2 to permit construction of 11' x 18' and 14' x 14'
additions to the residence requiring approval of a hardcover variance of 370 s.f. or 2.1%. The
hardcover is proposed at 4,745 s.f. or 27.1% where 29.5% exists.
�,�OW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2008.
2. The property is located in the LR-1C Lakeshore Residential Zoning District
requirinQ 21,780 s.f. or one-half acre in area. The property consists of 33.000
s.f.
3. The Orono Planning Commission reviewed this application on April 17, 199� and
recommended approval of the variance application as amended based upon the
followin� unique findinas and hardships:
A. The existina dwellina was built in the earl}r 1920's prior to standards for
lakeshore development.
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B. The house was oriainally installed on property where a street was located
benveen tne cottaae and the lake. The proposed improvements are
desiQned to reverse interior home to take advantaQe of lake views.
C. Hardcover is reduced in both the 7�-2�0' and 250-500' setback zones.
D. There will be no impact on the views of the neiahbors nor on required
setbacks.
E. There is approximately 176' x 100' of non-hardcover area within the
lakeshore yard. The grassed lawn is gently sloped and receives major
portions of drainage that come from the hiaher elevations to the north.
4. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generall�� to other property in this zoninQ district; that
arantina the variances would not adversely affect traffic conditions, liaht, air nor
pose a fire hazard or other danQer to nei�hboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial property
riaht of the applicant; and would be in keepin� with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application includina the findinQs and
recommendations of the PlanninQ Commlosed var ance on he he ith, safe y and
by the applicant and the effect of the prop
welfare of the communiry.
CONCLUSIONS, ORDER A�'�TD CONDITIONS
Based upon one or more of the findinQs noted above, the Orono City Council
hereby Qrants a variance to Municipal ZoninQ Code Section 10.??, Subdivision 2 to permit
construction of 11' x 18' and 14' x 14' additions to the existina residence, subject to the
following conditions:
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l. Hardcover improvements within the 75-250' setback area shall be maintained at
4,74� s.f. or 27.1`�o and in the '�0-�00' setback area at �,360 s.f. or 96.490. All
hardcover improvements scheduled for removal as shown on Paae � of this
resolution shall be completed prior to the footing inspection for the new
construction.
� Authorities aranted with this ��ariance run with the property not with the
� applicants, but are permissive only and must be exercised by application for a
buildina permit within one year of the date of Council approval, or this variance
will expire on that date (May 22, 1996).
3. Violation of 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 aranted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicants ha��e read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assi�n�>
hereby aaree to the recordinQ of this resolution in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a re�lar meeting
held on the 22nd day of May, 1995.
AT EST:
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orothy M. a in, Ciry Clerk Edward J. Callah,�.r��, Jr., Mayor
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-P'roperty Owner (s)
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,� �'�/� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoinQ instrument was acknowledged before me on this 22nd day of May,
199� by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and Ciry Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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�o ��•. LINDA S.VEE � y7�L ,�'_ G'.��
NOTARY PUBLIG�dINNESOTA --� ' ,
' �~ .- : HENNEPIN COUNTY Notaiy Public
��•-�•••° My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 3�-�' day of /�i �y , 199 � , before me a Notary Public
within and for said County,personally appeared � - ��" ����h P s 5�^u(f �» i �'n J.
known to me to be the person(s) described in and who executed the foreQoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
, ` ., .� � ��. � l z��
LINDA S.VEE Not�� Public
NOTARY PUBLIC-��1INNESOTA �'
e,�4�� HEPJNEPIN COUNTY
My Commission Ezpires Jan.31,ZCC-0
STA
) ss.
COUNTY OF HENNEPIN )
On this ;C�'' day of /!�� ��v , 199.5 , before me a Notar}� Public
within and for said County,personally appeared l' � r (`fl cz�,'�S �s'�'�ky� �h���r'��'v'
l:nown to me to be the person(s) described in and �ho'executed the foregoina uistrument, and
acl:nowled�ed that he (they) executed the same as his (their) free act and deed.
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LINDA S.VEE Nota'ry Public
NOTAAY PUBIIC-�dINNESOTA
04��,-�; HENNEPIN COUNTY
---� My Comm�ss�^n Expires Jan 31,2000
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