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Home My WebLink About#3818 - variances - 1996 r . 7' O I O O ��d � C ITY of ORON4 � � ti �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � �, .� � -� A RESOLUTION GRANTII�'G VARIANCES TO MTJNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C) AND 10.22, SUBDIVISION 2 FILE #2180 WHEREAS, Peggy R. Pichelman (hereinafter "the applicant") is the owner of the property located at 2920 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract M, Registered Land Survey No. 461, I-�ennepin County, I�linnesota (hereinafter "the property"); and VVHEREAS, the applicant has applied to the City for a variance to Municipal Zonin� Code Section 10.03, Subdivision 14 (C) to permit construction on propert}� that ��ould result in 17.1% structural coverage where the code �vould allow 1 S% and a variance to Y ection 10.22, subdivision 2 as proposed hardcover impro��ements within the 75-250' setback area are proposed at 3,030 s.f. or 39.3% where 25% is allo��ed and where 33.4% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDIi�'GS 1. This application was revie�ved as Zoning File #2180. 2. The property is located in the LR-1C, Single Family Lakeshore Residential ZoninQ District requiring 21,730 s.f. or 1/2 acre in area. 3. The Orono Planning Commission revie«-ed this application on October 21, 1996 and I�Tovember 18, 1996 and recommended unanimous approval of the variances as amended based upon the follo��Ting unique findings and hardships: Page 1 of 6 , . w � O ' Y O O ' C ITY of ORONO ,� �'° �, I ti � �'� G�' RESOLUTION OF THE CITY COUNCIL l 9kESH0g'� NO. ��' n �; A. 46�% of the area of the this property is located within the 0-75' setback area ��-here no impro��ements are allowed. B. The house is currently served by a single stall garage. C. All proposed impro��ements «�ill meet the required setbacks of the LR=1C Zoning Districts. D. There is no hardco��er proposed within the 0-75' setback area. The lakeshore yard is a flat sloped grassed area. E. The proposed improvement plan as amended will be more consistent ��-ith the pattern of development ��ithin the Casco Cove neighborhood. F. The neighbors in attendance at the November 18th meeting of the Plaruling Commission noted their approval of the amended proposal. 4. The City Council finds that the conditions e�:istin� on this property are peculiar to it and do not apply generall`� to other property in this zoning distri�t; that granting the variance would not adversely affect traffic conditions, li;ht, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difYiculty; is necessary to preserve a substantial property right of the applicant; and tivould 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 including the findinas and reconunendations of the Pla�ining Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIO\TS, 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, Subdivision 14 (C) and Section Paae 2 of 6 . . � O ' V O O �.b _- CITY o� ORONO � ti � �� G'� RESOLUTION OF THE CITY COUNCIL �kESH04 NO. .a� �' .� � 10.22, Subdivision 2 to pernzit construction of a ne�� first and second floor and grants a structural coverage ��ariance of 2.1% and a hardcover variance in the 7�-250' setback of 1,10� s.f. or 14.3%, subject to the following conditions: 1. Upon application for a building permit, applicant shall be responsible for providing an updated survey locating all proposed improvements as sho�vn on Page 6 of this resolution. All improvements shall be limited to those shown on the improvement plan. Applicant shall also provide a detailed grading and drainage plan with final construction plans. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit ��ithin one year of the date of Council approval, or this variance ��-i11 expire on that date (December 9, 1997). 3. Violation of or non-compliance with any of the ternls and conditions of this resolution shall constitute a violation of the zoning code, shall automaticall}� terminate any authority granted herein, and shall be punishable as a misdemeanor. � 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assi�ns. hereby agrees to the recording of this resolution in the chain of title of the propem�. Adopted by the Orono City Council on this 9th day of December, 1996. AT ST: �- � � � ��, ; .-� ,,- ��' ;. , � i '�G-C orothy M. H 11 n, City Clerk Ed�uard J. � ahan, Jr., yor / F�'— �`- Pr Owner(s) Page 3 of 6 . •. � O� O O ' �� _- CITY of ORONO � ti �� ' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � � � g STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ackno��ledged before me on this 9th day of December, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��., � , � --� .1.��'�'lJ �� , =%�' "'• LINDA S.VEE Notary Public c�� NOTARYPUBLIC-MINNESOTA � � ✓ HENNEPIN COUNTY �'``� h1y Commission Expires Jan.31,2060 �`"�:c:�: Page 4 of 6 � o� 0 0 �se - CITY o� ORONO � ti � ��t �t,�' RESOLUTION OF THE CITY COUNCIL 9�SH�g' NO. � � � 8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _:�'0��' day of j�ccc-,� r�t',' , 199�' before me a Notary Public within � andforsaidcounty,personallyappeared �'��,�� ', /��'c�;r�l��;� �a�r�% ri:��k/,�-- %�, r'�rr�/�nG�i �;,,�;,��,`�.�( known to me to be the person(s) describe n and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. >��.�. LINDA S.VEE " � �� ; �' ' � NOTARY PUBUGt�11NNESOTA `? ' � C�� `,�`-:, ,' HENNEPIN COUNTY ;�vf'`��"� '`/ � "�-�•�•° My Commission Expires Jan.31,2000 NOTARY PUBLIC 6�� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within aiid 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 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 acl:nowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 , ; � � � $ � � \ � ,� �� z �� a � r �� x:� � H 1��- �� + /� �) $ y. / � � Foi (�� ♦ � 1�hi`,N � �ab' � . .. /, .'.,� / \ \ 90 _ \ nN S i � r ..f! � � \\ \ �: W \ \ �� \� Q � , \� ' �r," �� A �� ar � � , , , ��, � •j ' r � , ' � ' a '�,W�., r: 8 � °•o�U a \ �L�— e i •.� � \ / j � � / � � , he .� J + . . . �/� �� •� '^`t .. I C\�° :K 8 � �v �ti ti�. 'c* . +^� i y,,..b� a� s 8� .; �"' - S 7 3y.�- I�.B t L �,� / �')� y •'�n � y 1 Y � i ,r � � � J � �� Q � � � �'y, n,��9� �` i o�h' � / � ''�. '.��V ..s . -�i J 7Y ./ / .�i. . � �x � \V 1 / . / +y � _�r� � . .._�c� . 4�� "'(! �� \��.h', `V� � Page 6 of 6