HomeMy WebLinkAboutResolution 3129 5941306
O O
a CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
�9kESH04� NO. 3129
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 10 AND
A VARI".A:CE TO
SECTION 10.22 SUBDIVISION 2
FILE #1724
WHEREAS, Tammy L. Woodis (hereinafter "the applicant" ) is
the owner of the property located at 2818 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lots 16, 26, and 27, Block 4 , Casco Heights, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for
a conditional use permit per Section 10.03 , Subd. 10 to permit the
installation of an inground pool/patio area on a through lot and a
variance to Section 10.22 , Subd. 2 that would allow an excess of 212
s.f. or 1% hardcover at a total of 5,552 s.f. where only 5, 340 s.f. or
30% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1724.
2. The property is located in the LR-1C Zoning District
requiring 21, 780 s.f. or a half acre in area. The property
consists of 24,700 s.f. or .56 acres.
3 . The Orono Planning Commission reviewed this application on
May 18, 1992 and recommended unanimous approval of the
proposed variance and conditional use permit based upon the
following findings:
a) The accessory structure, pool and patio, have satisfied
all pertinent standards of the conditional use permit
section of the code.
TUNSFER ENTERW
OW.OF PROPERTY rax&KWIC RECORDS
Page 1 of 5
JUL 15 1992
c
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`9�tESH04' NO. 3129
b) The unique shape of the lot requires the placement of
the pool and patio area within the wider mid-sections
of the property.
c) There is approximately 6 , 900 s.f. of area within the
500-1 , 000 ' setback area of the property where no
hardcover exists but because of the limited 50' width,
the improvements could not be located in that portion
of the property.
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
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring properties ; 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 finds that granting a conditional use
permit to allow the installation of an inground pool and
patio area will not be detrimental to the health, safety or
general welfare of the public, would not adversely affect
light, air nor pose a fire hazard or other danger to
neighboring properties, nor will it depreciate surrounding
property values and that the proposed level of use of the
property will be in keeping with the intent and objectives
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 Planning Commission,
reports by City staff, comments by the applicant and the
effect of the proposed variance and conditional use permit
on the health, safety and welfare of the community.
Page 2 of 5
0 0
b - CITYof ORONO
ti
RESOLUTION OF THE CITY COUNCI L
�kESH0 NO, 3129
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subd. 2 to allow improvements that result in an excess of
hardcover over the allowed amount of 5,340 s.f. or 30% resulting in a
total of 5, 552 s.f. or 31% and grants a conditional use permit per
Section 10.03, Subd. 10 to permit the installation of an inground pool
and patio area on the through lot , subject to the following
conditions:
1. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be
exercised by application for a building permit within one
year of the date of Council approval, or the special
conditions of this resolution will expire on that date (June
8 , 1993 ).
2. Violation of or non-compliance with any of the terms and
conditions of this resolution 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
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 Orono City Council on this 8th day of June,
1992.
ATST
othy . allin, City Clerk Barbara A. Peterson, Mayor
r
Tammopy L. Woo is
rerty Owner(s )
Page 3 of 5
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kE3H0 NO. 3129
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
8th day of June, 1992, 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.
Notary Public
MY caw CH pt►axs�a
Page 4 of 5
s
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3129
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of JU11 199 2
before me a N tary Public within and for said county, personally
appeared Q YI- M t , Wood,'s .'n I e erso*nown to me to be
the person(s ) des ribed in and who ex cuted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
OELINDA S. VEE
WHE14NEPIN COUNTY MINNESOTA
ommission expires a-12-98 0 RY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me
a Notary Public within and for said County, personally appeared
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 5 of 5
RESOLUTION 43129
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hall in , 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 June 8 , 19 92 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
9th day of June 1992
D4rya.
othy allin , City Clerk
(,SEAL)
5941306
15JUL9210:08 A5941306 SCD $2.00
15JUL921 D:08 A5941306 DOC $15.00
OFFICE OF CO 'TY RECORDER
HENNEPiN Cu' TY,KN,YESOTA
CERTI^i FiLEO AND OR
ORDID ON
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AS DecuEN # 5941306
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