HomeMy WebLinkAboutResolution 3043may—
O
O O
r CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��kESH0 NO_ 3043
A RESOLUTION AMENDING
CITY COUNCIL RESOLUTION #3017
FILE #1674
WHEREAS, Thomas and Alice Stuck (hereinafter "the
applicants") are the owners of the property located at 4365 North
Shore Drive within the City of Orono (hereinafter "City") and legally
described as follows:
The North 125 feet of the West half of Lot 6, and the East half
of Lot 5, Block 18, "Saga Hill Revised, Hennepin Co Minn"
(hereinafter "the property"); and
WHEREAS, the applicants are in the process of acquiring
additional adjacent property, which will result in the following legal
description:
• The East half of Lot 5, Block 18, "Saga Hill Revised, Hennepin Co
Minn,", and that part of Lot 6, said Block 18, described as
follows: Beginning at the Northwest corner of said Lot 6; thence
Southerly along the Westerly line of said Lot 6 a distance of
138.50 feet; thence Easterly parallel with the Northerly line of
said Lot 6 a distance of 36.81 feet; thence Northerly to a point
on the Northerly line of said Lot 6 distant 47.00 feet Easterly
of said Northwest corner of Lot 6; thence Westerly along said
Northerly line to the point of beginning; and
WHEREAS, on September 9, 1991 the City Council adopted
Resolution #3017, which granted lot coverage, hardcover, and side
setback variances for Construction of additions to the existing
residence; and
WHEREAS, the applicants are acquiring additional land for
the purpose of relocating lot lines so that applicants existing garage
will be totally within applicants property and meeting the appropriate
setbacks, and for the purpose of increasing the area of applicants
250-500' lakeshore setback zone to allow additional hardcover in
conjunction with the proposed residential additions; and
WHEREAS, Resolution #3017 granted the applicants approval
for 66.2% hardcover in the 250-500' zone where only 30% hardcover is
normally allowed; and
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3043
WHEREAS, the applicants propose to construct a deck
constituting an additional 180 s.f. of hardcover over and above that
which was approved in Resolution #3017, and are increasing the area of
the 250-500' zone by 1,710 s.f. Accounting for 126 s.f. of existing
garage and driveway which will now be within the property boundaries,
the final 250-500' hardcover will be 5,794 s.f. or 58.0% of the new
9,995 s.f. 250-500' zone; and
WHEREAS, the Orono Planning Commission reviewed this
request for variance revision on October 21, 1991, and on a vote of 6
to 0 recommended approval of the 180 s.f. additional hardcover for the
proposed deck, finding that in conjunction with the lot line
rearrangement, hardcover in the 250-500' zone will decrease from 66.2%
to 58.0%; and
WHEREAS, on October 28, 1991 the City Council reviewed the
• request for a,variance to the subdivision moratorium currently in
effect for shoreland properties, and the request for a lot line
rearrangement and hardcover variance revision, and on a vote of 5 to 0
granted conceptual approval of the request variances and lot line
rearrangement.
•
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota, that Resolution #3017 is hereby amended as follows:
1. Hardcover shall be allowed at a level of 58.0% (5,794 s.f.)
in the 250'-500' zone rather than 66.2% as stated in
Resolution #3017. This amendment shall not take effect
until, the applicant provides satisfactory evidence of
ownership of the 1,710 s.f. parcel of adjacent property in
the 240-500' zone. The sketch attached to this reolution as
Exhibit A depicts the allowed hardcover per this amendment.
2. All other conditions of Resolution #3017 shall remain in
effect.
Page 2 of 4
•
•
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\kESH0
CITY of ORONO
RESOLUTION OF THE CITY COUNCI L
NO.
3043
3. Authorities granted by this resolution 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 of Resolution #3017, or
that variance and this amendment will expire on that date
(September 9, 1992).
4. 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.
5. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
herself, her 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 regular meeting held on the 12th day of November, 1991.
ATT T:
_orothy Hallin, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
The foregoing instrument was acknowledged before me on this
12th day of November, 1991, *by Barbara A. Peterson & 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.
•OLHENNEPIN
INDA S. VEE
NOTARY PUBLIC - COUNTY Ta Not ry Public
mission expires 8-12-96 page 3 of 4
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3043
On this _
/d2 day of #Dt/Qi'rb-e1- , 199
before me a Notary Public within and for said county, personally
appeared Ov» Q SC -K , i rs iy► D w n e/' known to me to be
the person(s) described in nd who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
• My commission expires 8-12-96
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ).
cv"."4' 'JI. 61',
NOTARY PUBLIC
On this r<3 day of No t/Qvy, b-er , 1991, before me
a Notary Public within and for said County, personally appeared
lice M. 5-hAck ',fl%04 ownvl- known to me to be the
person(s) described)fn and who executed the foregoing instrument,
and acknowledged that,he (they) executed the same as his
(their) free act and deed.
NOTAAY PUBLIC
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
• Page 4 of 4
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