HomeMy WebLinkAboutResolution 2846 ��
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2846
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A RESOLDTION GRANTING _,_n
A VARIANCE TO _
MDNICIPAL ZONING CODE
SECTION 10.23, SIIBDIVISION 6 (B)
FII.S #1536
WHSREAS, Steve Gardiner (hereinafter "the applicant") is the
owner of property located at 3770 Bayside Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lots l, 2 , 3 and 4, Ottoville, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for
variances to Municipal Zoning Code Secttion 10.23, Subdivision 6 (B)
for additions to expand the second story of the existing structure
located 3.4 ' from the north lot line where a 30' setback is normally
required, and 20' from the west lot line where a 50' setback is
normally required.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1536 .
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono City Planning Commission reviewed this application
on July 16 , 1990 and recommended approval of the proposed
variance based upon the following findings:
a. The applicant originally proposed additions to the
footprint of the existing residence and proposed to expand
the number of bedrooms in the house. The Planning
Commission advised the applicant to revise that proposal
based on the lack of capability to expand the sewage
treatment system to serve those expansions. The applicant
then submitted a revised proposal for remodeling and a
lesser degree of expansion of the roof areas , yielding no
additional bedrooms from the current one bedroom status.
b. The Planning Commission finds that remodeling within
the existing footprint and revision of the roof line to
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Clty o� ORONO � , - .
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RESOLUTION OF THE CITY COUNCIL � . �'<"' ��
• 2846 � _
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NO.
expand storage space in the second story area without
creating additional bedrooms, is appropriate for the
property while not creating any new encroachments of the
existing substandard setbacks.
4. 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
communi ty.
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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23, Subdivision
6 (B) to allow remodeling and upward expansion of the existing
residence located 3.4' from the north side lot line where a 30'
setback is normally required, and located 20' from the west lot line
where a 50' setback is normally required, subject to the following
conditions :
l. Approval is granted with the specific condition that the
house remain as a one bedroom residence, adhering exactly to the
plan presented, with the easterly portion of the new second floor
to be "open to below", not as future useable space. Any future
interior remodeling to create additional bedrooms will require
� City approval. The approved floor plan layout for this addition
is attached to this resolution as Exhibit A.
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 within one year of
the date of Council approval, or this variance will expire on
that date (August 13, 1991).
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 2846
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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 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 Orono City Council on this 13th day of
August, 1990.
ATT ST:
, � i �' .,��..�..
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��. � :���.,�.. ';,.x. .
D othy . Hallin, City Clerk � Jam R. Grabek, Mayor
��.
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Property Owner(s ) �—
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
23rd day of July, 1990 , by James R. Grabek & Dorothy M. Hallin, Mayor
& City Clerk of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behal af the City.
/ � �
�... THERE
SA �•MNNE OTA Notary Public
TARY PUBLIC - TY
�1..� NO►.{ENNEPoN e%OUN a-;`
�.�,- `� MY comm �`� . Page 3 Of 4
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City o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2846
�,` •
_. �,� , ,
STATE OF MINNESOTA ) ;,�°a
� S S . ,�,,' �
COUNTY OF HENNEPIN )
On this v day of �L� z�t t � 19 9 �
/�� ersonall
before me a Notary Public w,ithin and f said c�unty, r Y
appeared �e�c v� C'�i. A r - � " ' known to me to be
the person( s ) described in nd who executed the foregoing
instrument, and acknowledged that he (they) executed tne same as
his (their) free act and deed.
�(..�L-c_.Q-� � /�L�:�l"/-
NOTARY PUBLIC
THERE3A L. NAAB
���
�HENNEP N COUNTYTA
W1y commissfon exptros 9-8-92
•�,.
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
}ss . .
COUNTY OF HENNEPIN )
On this �/�� day of � , 199(� before me
a Notary P}}blic within and for s ' d County, personally appeared
�('�r/Y�r�1 L'�Crr� � � Yt'✓� r /�1G�✓✓� l°d�n o w n t o me t o b e t h e
person(s ) describe in and w o executed the foregoing instrument,
and acknowledged that he ( they ) executed the same as his
(their) free act and deed.
, - i..�2.Pi�- ���(�u'^-'" ,
NOT
THERE3A L. NAAB
�:
�HENNEPIN COUNTYTA
My commiasion expfras 8-8-92
MY COMMISSION EXPIRES
Page 4 of 4
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• RESOLUTION #2846 ••:-�
�49 �* ' `�� : � ....� ��i����+1
STATE OF MINNESOTA- ) �w';,�� '��,� 's '
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COUNTY OF HENNEPIN ) �������;�i�'����
) -
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono � Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said� City Council at a meeting of said City Council held
on Auaust 13 � 19 90 � and that the same is a true
and correct copy o.f said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof , I have hereunto set my hand and seal this
15th . day of Auctust � 19 90
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D othy M llin, City Clerk
(SEAL)
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