HomeMy WebLinkAbout#4167 - variances and after the fact CUP � °� .
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' CITY of ORONO
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A RESOLUTION GRANTING
AFTER-THE-FACT VARIANCES TO
MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2
AND SECTION 10.56, SUBDIVISION 16 (L) AND AN
AFTER-THE-FACT CONDITIONAL USE PERMIT TO
MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19
FILE NO. 2415
VVf�REAS, Kevin Kennefick and Patricia Kennefick (hereinafter the
"applicants") are the owners of the property located at 3241 Casco Circle within the City of
Orono (hereinafter "City") and legally described as follows:
Lots 16 & 17, SPRING PARK; ALSO, all that part of vacated Lake Shore
Avenue and the tract of land lying between said vacated Avenue and Lake
Minnetonka which lie between the easterly extensions of the northerly line of
said Lot 16 and the southerly line of said Lot 17, Hennepin Counry, Minnesota
(hereinafter the "property"); and
W��REAS, the applicants have applied to the City for after-the-fact variances
to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)
to permit the replacement of a deck allowing 8,004 s.f. (39.8%) hardcover in the 75-250'
lakeshore setback area where 5,025 s.f. (25%o) is normally allowed and to Municipal Zoning
Code Section 10.03, Subdivision 19 for an after-the-fact conditional use permit to allow land
alteration within 75' of the lakeshore.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2415.
2. The property is located in the LR-1C Zoning District.
3. The property is approximately .72 acres in area.
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
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. The Orono Planning Commission reviewed this application on September 21,
1998, and recommended approval on a vote of 6 to 0 of the proposed after-the-
fact variances and conditional use permit, based on the following findings:
a. The property contains a steep hill that is dangerous to maintain. The
landscaping has eliminated the need to mow grass and allows soil to
absorb water.
b. The hardcover on the lot has been reduced in the 75-250' setback area
from 42.5% to 39.8%.
c. The hardcover in the 250-500' setback area has been reduced from 31.8%
to 29.7%.
d. The applicants shall be required to pay double permit fees as required on
after-the-fact applications.
5. The 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 properties, 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.
6. The City Council finds that granting an after-the-fact conditional use permit to
allow land alteration within 75' of the lake shore will not be detrimental to the
health, safety or general welfare of the public, would not adversely affect light,
air nor pose a fire hazard or other danger to neighboring property, nor will its
use depreciate surrounding property values and that the proposed level of use of
the property will be in keeping with the intent and objectives of the Zoning Code
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
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Based upon one or more of the above findings, the Orono City Council hereby
grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) to permit the replacement of a deck allowing 8,004 s.f.
(39.8%) hardcover in the 75-250' lakeshore setback area where 5,025 s.f. (25%) is normally
allowed and grants an after-the-fact conditional use permit per Municipal Zoning Code Section
10.03, Subdivision 19 to allow land alteration within 75' of the lakeshore, subject to the
followina conditions:
1. No additional land alteration is to occur on the property without receiving
necessary permits from the City.
2. The landscaping will adequately screen the boulders from view on the lake side.
3. Authorities granted by this resolution run with the property not with the owners,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (September 28, 1999).
4. 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.
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 28th day of September, 1998.
ATTEST:
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L ni�arS. Vee, City Clerk Gabrie abbour, Mayor
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Property Owner(s)
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' �� �'� RESOLUTION OF THE CITY COUNCIL
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STAT F MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
September, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. �.:�::_-.�
JAMIE L.GEMAR �
NOTARY PUBLIC-MINNESOTA �
� HENNEPIN COUNTY °
•'`,�•••°'• My Commission Expires Jan.31,2000
Notary blic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �_ day of `;�i<.-�1e�LJ , 199�, before me
a Nota , Public within and for said County, personally appeared
� �i c,,� � ` known to me to be the person(s) described in
and who executed the forego g instrument, and acknowledged that he (they) executed the same
as his (their) free act and deed.
`• JAMIE L GEMAR �
NOTARY PUBLIC-MINNESOTA �
:�:
HENNEPIN COUNTY Nota bI1C
`--•�°• My Commission Eupires Jan.31,2000
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
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