HomeMy WebLinkAbout#4157 - variance - 1998 � • �
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A RESOLUTION GRAIVTTING A VARIANCE
TO I�IUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 9 (A)
FILE NO. #2406
Wf-�REAS, Louis Smerling and Beverly Smerling are owners of the property
located at 2683 Casco Point Road within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 1, "Auditor's Subdivision Number Two Hundred Sixty-Five (265), Hennepin
County, MN" (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on August 17, 1998, at which times all persons desiring to be heard
conceming this application were given the opportunity to speak thereon; and
WI�REAS, Gerald Erickson and Sandra Erickson (hereinafter "the applicants")
have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (A);
to permit an accessory structure to remain on the lot without a principal structure for the period
between the removal of the existin� house and construction of a new residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2406.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The
property consists of .46 acres or 20,230 sq. ft.
3. The Orono Planning Commission reviewed this application on August 17, 1998
and recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
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A. The boat house �vould only remain on the lot without a principal building
during the demolition and reconstruction period.
B. The lot is only required to meet 80% of lot azea and width requirements
because it is sewered and less than 1 acre in size.
C. The size of the lot allows an adequate building envelope, no other
variances should be allowed to construct a new home.
D. A letter supporting the preservation of the boathouse was submitted by
a neighboring property owner located at 2691 Casco Point Road.
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 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.
6. The City Council has considered this application including 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 variances to Municipal Zoning Code Section 10.03, Subd. 9 (A); to permit an accessory
structure to remain on the lot without a principal structure for the period between the removal
of the existing house and construction of a new residence. Approval was subject to the
following conditions:
1. No other variances shall be approved by the City Council on this lot.
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2. 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 permit within one year of the date of Council approval, or this variance
will expire on that date (September 14, 1999).
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 granted herein, and shall be punishable as a
misdemeanor.
4. 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 City Council of the City of Orono, Minnesota at a regulaz
meeting held on the 14th day of September, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabrygl Jabbour, Mayor
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Property wner (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th 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.
3 f"'�'"' " �'
,r�� CAROLE A.HASEMP,N e'
; ;�:.,�: NOTARYPUBUC-MINNESOTA � J� QJ � �,� Q�-;f�2��
`� '' ' HENNEPIN COUNTY
, ��i��°. My CcmmiS�ion Erpires Jan.31.2oeo ; Not3ry Pub1iC
,.� . _ _-.:.'�'�..,.���--'�'�:^�.�'_'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �1�'+day of ��vy� �r' , 199� before me a Notary Public withi��b��
an d for sai d coun t y, person a l ly appeared L��„S .Syr,t`-�, -d�- ; �r , - ,�-�,4ij�
known to me to be the person(s) described in and who executed the foregoing instrumen , and
acknowledged that he (they) executed the same as his (their) free act and deed.
�.�•.`,.�„'�
��``��� �'�� RENEE M. FJELD �
����� NOTARY PUBLIC-MINNESOTA
My Comm.Expirea J�n.31,2000 NOTARY PUBLIC
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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.
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