HomeMy WebLinkAboutResolution 5657o. o
ITY of ORONO
RESOLUTION OF THE C COUNCIL
NO. 5 6.5 71
A RESOLUTION
AMENDING RESOLUTION NO. 5629, DOCUMENT NO. 4419384
FILE NO. 07-3291
WHEREAS, Paul Ekholm and Laura Ekholm, husband and wife (hereinafter "the
Applicants") are the owners of the property located at 2606 West Lafayette Road within the City
of Orono (hereinafter the "City") and legally described as follows:
Tract A, Registered Land Survey No. 131, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow additions to the existing
home consisting of constructing a pitched roof where a flat roof exists and increasing the ceiling
height from 8' to 10' ahead of the average lakeshore setback as well as 20' into the 75' setback;
and
WHEREAS, the Applicants have made application to the City of Orono for a
variance'to Orono Municipal Zoning Code Section 78-1288 to allow 2,015 s.f. (20%) hardcover
within the 0-75' zone where 0% is normally allowed; and 5,460 s.f (23%) within the 75'-250'
zone where 7,964 s.f. (33.5%) currently exists and 5,947 s.f. (25%) is normally allowed in order
to construct an addition to the existing home; and
WHEREAS, in reviewing the plans submitted on July 23, 2007 for a building
Permit Planning Staff found the plans reflecting a two foot increase in the ceiling height
proposed; and
WHEREAS, on August 24, 2007, the City Council heard testimony from the
Owners, their representative, and City Staff regarding the situation.
Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE T COUNCIL
NO, 5 6
FINDINGS
1. The property is located in the LR -1B, One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 1.0 acre and a minimum lot width
of 140'.
2. The Applicants intend to build the house as approved by Resolution No. 5629,
Document No. 4419384 adding only 2' in height to the structure.
3. When viewed from the lake the proposed home will consist of a basement and a
first story; and is well within the 30' height limitation.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
5. 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 the above findings, the Orono City Council hereby amends Resolution No. 5629,
Document No. 4419384 to allow the 2' increase in height. With the exception of the revised
house plans attached to this Resolution as Exhibit A, Resolution No, 5629, Document No.
4419384 otherwise remains in force.
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.
2. The undersigned Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the applicants and the Applicants' heirs, successors and
Page 2 of 4
O0NO
1��
JAI/
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 65 7
assigns, hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on the 10th day of September, 2007.
ATTEST:
S. Vee, City Clerk
Property Owner(s)
Jke-s--O-M-0�
. White, Mayor
Page 3 of 4
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
This instrument was acknowledged before me this 11 day of.{ 2007 by
Paul Ekholm, husband of Laura Ekholm.--v--
BARBARA
-
BA Y PUBLIC
G. SNESO �}
NOTARY PUBIC - M;NNES07A
ILLIS
LR Commission Expires � . 31, 2008
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this -eday o 2007 by
Laura Ekhohn, wife of Paul Ekholm.
'[[++ Mma�yy``'' M M Ay -MO BG
NOTARY PMC -MINNESOTA
My OmmWip E*W Jan. M. 2M
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RESIDENCE
EDEN PRA!RIE,MN 55344
952-941-3431
STATE OF MINNESOTA )
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COUNTY OF HENNEPLN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on September 10, 2007, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 12th day of September , 2007.
.. City Clerk
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