HomeMy WebLinkAbout#4037-variances-1998 .� 1�.
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'�' RESOLUTION OF THE CITY COUNCIL
���kESHO��� NO. �#_ �� r; ;:�
A RESOLUTI01�` GRANTI\'G VARIANCES
TO NIUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 AND SECTION 10.25, SUBDIVISION 6(B),
FILE NO. #2337
WHEREAS, Scott Young (hereinafter "the applicant") is the owner of the
property located at 3359 Crystal Bay Road within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 12, Wallaces Addition to the Village of Minnetonka Beach (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 and Section 10.25, Subdivision 6(B) to permit the
construction of a second story addition over a portion of the existing residence that encroaches
into the required side and lakeshore setbacks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File #2337.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District requirin� 1/2 acre in area. The property consists of 6,562.75 s.f.
or .15 acre.
3. The Orono Planning Commission reviewed this application on February 17, 1998
and recommended approval of the proposed variances based upon the followin�
findings:
1. The addition would be constructed over a portion of the existing residence
that does not meet side or lakeshore setback requirements.
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L�kESH�g'� NO. �' G" �� ;�
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2. The proposed second story addition would not further encroach on the
required side and lakeshore setback requirements.
3. The height requirement would be met.
4. 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.
5. The City Council has considered this application includin� 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 10.22, Subdivision 1 and Section 1025,
Subdivision 6(B) to allow a side setback variance of 3' and a lakeshore setback variance of 1'
to allow the addition to be constructed over a portion of the existing residence that is located
7' from the side lot line and 74' from the OHWL where 10' and 75' is required, respectively.
1. 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 within one year of the date of Council approval, or this variance will
expire on that date (February 23, 1999).
2. 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.
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RESOLUTION OF THE CITY COUNCIL
�L9kESH�S�c�'G NO. - �
3. The undersib ed applicant has read, understood and hereby a�rees to the terms of this
resolution and on behalf of himself, his heirs, successors and assia s, hereby agrees 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 re�ular
meeting held on the 23rd day of February, 1998.
1�TTEST:
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Linda S.,�ee, City Clerk Gabrie Jabbour, Mayor
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roperty Ow er (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged hefore me on this 23rd day of
February, 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.
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��`' �'Y�c , � � �r��s��
;z CAROIE A HASEMAN
=�' NOTARYPUBUGMINNESOTA Notary Public
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.`��;f;• HENNEPINCOUNTY
•� My Commission Expires Jan.31.2�00
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�� G~" RESOLUTION OF THE CITY COUNCIL
L�kESHOg'� NO. G� � `? �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this f� day of Fe h��'�Q ry� , 199.�.before me a Notary Public within and
for said county, personally appeared �'cr� `�c��,� . n��r r i� _ f� �'io n;c��� �c u��_
known to me to be the person(s) described in and w o executed the foregoing instrument, and
acknowled�ed that he (they) executed the same as his (their) free act and deed.
�r�'�a �'.�::ti� 1/�.s-C%�L./ . �lL..��.�2/lt�
.r� ..�°.�,.; CAROLE A.HASEMAN ' �'
NOTARY PUBIIC-MINPIESOTA NOTARY PUBLIC
'"�` - ' HENNEPIN COUNTY
My Commission Expires Jan.31,2�00
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�5`fh day of �P r�z,.r„ , 199�before me a Notary Public within and
for said county, personally appeared �(,sn;��• `(c,��,�,a n,n rr�r�( 7�� �� �l- Ye���7�
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged lhat he (they) executed the same as his (their) free act and deed.
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CAROLE A HASEMAN �.�1'�'f-r'E�<-i• .��-�,s�z,�.c�
��'�rh�^ NOTARYPUBUC-MINNESOTA NOTARY PUBLIC
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'� \,�;�,.,,� HENNFPIN COUNTY
�;_ �� Ny CommiSsicn Expires Jan.31,2�00
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