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Home My WebLink About#3888-variance-1997 C ' � � O� O O �.b _� CITY of 4RON0 ,� � � �,� �,'� RESOLUTION OF THE CITY COUNCIL L9kESH�4�' NO. c`3 g � � ,�s A RESOLUTION GRANTING A VARIANCE TO MLINICIPAL ZO1�tING CODE SECTION 10.25, SUBDIVISION 6, SECTION 10.22, SUBDIVISION 2 AND S�CTION 10.03, SUBDIVISION 14 (C) FILE NO. 2217 WHEREAS, John Thimmesh (hereinafter "the applicant") is the owner of the property located at 1945 Fagerness Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Fagerness Green, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6, Section 10.22, Subdivision 2 and Section 10.03, Subdivision 14 (C) to construct a storage addition adjacent to the existing garage that would be 18' x 28' where a hardcover variance and structural coverage variance are required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2217. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District where one-half acre minimum lot size is required. 3. The Orono Planning Commission reviewed this application on April 21, 1997 and recommended approval of the proposed variance based upon the following unique findings and hardships: A. The lot area is .39 acres. The lot size is substandard. . ��;,�� NT�t�i-�� Page 1 of 4 ►�Nr��d c,�u+vrr��,vrr+�vic� M AY 16 1991 � N , � tPUTY j � 1 � O� • O O 1 �� - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL L�kESH�g'� NO. eg g g $ �` B. The applicant will combine the two tax parcels into one parcel. C. The deck and pool were constructed in 1980 and were conforming at the time of construction. However the deck and pool exceed the 1,000 s. f. requirement and are ?:o± ir. cor.fer.mar.cP vrith currer.t side ar.d reaz yz.a setback requirements. D. The City has received no comments from the property owners notified of the proposed improvement. 4. The City Council fmds 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 including the findings and recommendations of the Planning 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a structural coverage variance to increase structural coverage from 3,259 s. f. or 14.44% to 3,680 s.f. or 16.33% where 3,384.6 s.f. or 15% is allowed; further, the applicant shall remove the shed in the northwest corner of the property after the storage addition is constructed; further, a hardcover variance in the 75-250' setback area to increase hardcover from 4,509 s.f. Qr 26.15% to 4,930 s.f. or 28.60%.where 4,308.5 s.f. or 25% is allowed, subject to the following conditions: Page 2 of 4 ` � • � O ' i� 0 0 �9.. - CITY of 4RON0 � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL t9kESH�g'� NO. 3 $ 8 $ 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 oi: that d�te (Apnl 2$, 1998). 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. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, 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 regular meeting held on the 28th day of April, 1997. ATTEST: �, � � �� Dorothy llin, City Clerk Gabriel ,abbour, Mayor , , ,�, i �— P perty Owner (s) Page 3 of 4 � y � O ' V O O ��. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �`�kESHog'� NO. _ 3 R R � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April, 1997 by Gabriel Jabbour arid Doroth}� M. H�11in, Mayor and City Clerk of the City of Oronc, a Minr.esota municipal corporation and said instrument was executed on behalf of the City. CAROLE Il HASEMAN ` NpTARY Pl18lIC-MINNESOTA - HB�INEPIN COUN7Y / - /� � My Commission Expires Jan.31.2�00 ��r.-�r�, �_! • ,�_ �.i��.�-� , - -- . ,. .� , <. ..-;�,>.�;._. _ .�_.�_� Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �-"�� day of �f r,; , 199'7 before me a Notar}� Public within —� , � n,_c,E^:�.,,,� .-,�1 and for said county, personally appeared _T h„ r1,,,r,,,��,� -. �' �-; �~� 7-h,:�..�<-��, „ ,-C 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. ,� CAROLE A HASEMAN / NOTAAY PUgl1C-MINNESOTA ( ` /� �/ � �COUNIY � �i �./� , / i. !'.�%�_,�1/i<'�:--" •,..• My Cammhslan . ��'•�•� 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 appeazed 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 Page 4 of 4 Y ..: RESOLUTION fi � g � � STATE OF NIINNES OTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) . I, Dorothy M. Hallin, Ciry Clerk of the City of Orono, Hennepi.n County, 1Viinnesota, do hereby certify that I have compared the fore�oin� copy of a resolution of the City Council of the City of Orono with the ori;inal record of such resolution in the Minutes of the proceedin;s of said City Council at a meetin� of said Ciry Council held on Ap r i 1 2 8 , 19�, and that the same is a true and correct c o p y o f s a i d r e s o l u t i o n d u l y ad o pted b y said Ci t y Council at said meetin�. In Witness Whereof, I have hereunto set my hand and seal this 7th � day of M , 19g�_• i _ rr 1 � Dorothy M ' , City Clerk (SEAL) �