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Home My WebLink About#4532-variance-2000 � , %_-- '� O� //O o - ��- CITY of ORONO � I � � � RESOLUTION OF THE CITY COUNCIL � G �, :�, L�S—K� N 0. �' �=> °-� .� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.2�. SUBDIVISION 6(B), ' SECTION 10.22, SUBDIVISION 1(B), AND SECTION 10.56, SUBDIVISION 16(C)(6), FILE NO. 2609 `VHEREAS,Alan I. Opheim and MaYine V. Opheim,(hereinafter"the applicants") are the owners of the property located at 198� Fagerness Point Road within the City of Orono (hereinafter "the City") and legally described as follow�s: Lot 3, Fagerness, including the accretions thereto lying bet�veen the northwesterly extensions to the shore line of Lake Minnetonka of the northeasterly and southwesterly lines of said Lot 3, and including the accretions to said Lot 3 lyin� southeasterly of a line which is parallel �vith and 40.00 feet s�iitheasterly from the southeasterly line of said Lot 3 and between the southeasterly extensions to the shore line of Lake Minnetonka of the northeasterly and south�vesterly lines of said Lot 3, Hennepin County, Minnesota (hereinafter "tl�e property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal ZoninQ Code Section 10.2�, Subdivision 6 (B) to allo�� a three season porch to be constructed on an existin� concrete slab located 6.9' from the side yard lot line ��here 10' is required and Section 10.?2, Subdivision 1(B)and Section 10.�6, Subdivision 16(C)(6)to allo�v the three season porch to encroach 73' into the average lakeshore setback. ��HEREAS, after due published notice and mailed notice in accordance �vith Minnesota Statutes and the City of Orono Zoning and Planr►ing Codes, the Orono Planning Commission held a piiblic hearing on September 18, 2000, at which time all persons desiring to be heard concernin� this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oronc, ?�linnesota: FINDINGS 1. This application was revie�ved as Zoning File#2609. Pa�e 1 of 5 � , %—_ %� °�\ 0 0�� e. - ��- C ITY of ORONO ,� �, i � �',� �,'�,� RESOLUTION OF THE CITY COUNCIL �`9�f 04'�/ N0. t� r:� F., � ,: �. �S� 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District,where .5 acres or 21,780 s.f. is the minimum lot area. The property consists of approximately .316 acres or 13,883 s.f. 3. The Orono Planning Commission revie�ved this application on September 18,2000 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the follo�ving findings of fact: A. Hardcover in the 7�-250' zone will not change as a result of the addition. It will remain at 24.1%, belo�v the allowed 25%. B. The avera�e lakeshore setback variance is justified by the conclusion that eYisting views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed addition. C. Lot coveraae on the property w�ill increase to 13%, meetin��he standard 1�% limitation.� D. The residence was built prior to current zoning standards. 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 zonin� district; that grantin� the variance �vill 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 ��-ould be in keepinQ ��•ith 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 PlanninD 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. Pa�e 2 of 5 � , �� O�\ �O O 1\ D - ,'-- C ITY of ORONO � �;I �� '�' / RESOLUTION OF THE CITY COUNCIL ��9 4��'/ N 0. �� ' � S� CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council'hereby grants a �•ariance to Municipal Zoning Code Section 10.2�, Subdivision 6 (B)to allo�v a three season porch to be constructed on an existing concrete slab located 6.9' from the side yard lot line where 10' is required and Section 10.22, Subdivision 1(B) and Section 10.�6, Subdivision 16(C)(6)to allo�v the three season porch to encroach 73' into the avera�e lakeshore setback. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as EYhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run �vith the property not �vith the applicants, but are permissive only and must be exercised by application for a building permit �vithin one year of the date of Council approval,or these variances will expire on that date (October 9, 2001). ;. Violation of or non-compliance ��-ith any of the terms and conditions of this ��ariance 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 a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assi�ns, hereby agree to the recordin� 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 9th day of October, 2000. �TTEST: � , �� ,� �,'.�� ,� Linda S. Vee, City Clerk � Gabr I Jabbour, Nlayor � �� a � ;�.��.� � ��. �-�-�� Property O��ner (s. � Pa�e 3 of 5 /�� \ /:� O.�.� �O O\`� '� ��d: - � --- C ITY of ORONO ,� ,� I � �,� G'�' j RESOLUTION OF THE CITY COUNCIL ��SH j� NO. � � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ' The foregoing instrument was acknowledged before me on this 9th day of October,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota munici al co oration and said instrument was executed on behalf of the City. HEIDI N.STURMAN -� ��G '�, _:�L�L�/��iZ,%?�� i��- NOTARY�UBIIC-MIN�SOTA ��'` Nota Public {._-".:� Mty Cammis.:on Ez;:ms Jan.37,2005 �' STAT ESO�'�-:}-Y---�--<-�-�., ) ss. COUlvTY OF HENNEPIN ) On this�� day of C�C'fL<�X i� , 2000, before me a Notary Public within and for said County, personally appeared +-�ic.,, s.i ��:��-, `-�� i-�«rtr,�� v'_:�'t-�iL'177 %Ytc'_r�i 2C/ known to me to be the person(s)described in and who eYecuted the foregoing instrument,and ackno�vledged that he thev ex �r) free act and deed. HEfDI N.STURMIW / � l NO?ARY PUBIIC-�A 1 <'�'=/L-' Jf�. �-�� L C:l ��CZ%� t� �� My Commssbn Exc;ros.►an.31,2005 Notary Public STAT i SOTA� )��w��w ' ) ss. COITi�TTY OF HENNEPIN ) On rhis day of , 2000, before me a Notary Public within and for said County, personally appeared l:no��n to me to be the person(s) described in and who eYecuted the foregoing instrument, and acl:nowledaed that he (they) executed the same as his (their) free act and deed. Notaiy Public Page 4 of� . . 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