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Home My WebLink About#4070-variances-1998 , i - � 1 % � �� O O . �,d - CITY of OROND ,.� �� '�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � � '�° � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FILE #2359 WHEREAS, Matt Parks and Karen Parks (hereinafter "the applicants") are owners of the property located at 82� Forest Arms Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 2, Forest Arms, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Starirtes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 20, 1998, at which times all persons desiring to be heard conceming this application were given the opportunity to speak thereon; and `VHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit a one stall garage addition and a lakeside deck. l�'OW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2359. 2. The property is located in the LR-1B Zoning District, where 1 acre is the minimum lot area. The property consists of 1.26 acres or 55,025 s.f. 3. The Planning Commission reviewed this application on April 20, 1998, and recommended approval on a vote of 6 to 0. Page 1 of 5 � � ._ f I o� - O O ' ��ad _- CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL l � �-� � ,�,i �kESH04 NO. 4 4. The Planning Commission made the following findings of fact: A. The zoning lot conforms to lot area, lot width, front, side and lakeshore setback. B. The residence is located forward of the adjacent residences. It was constructed before the adjacent residences. C. Any additions to the existing residence require an average lakeshore setback. D. The garage addition was built in March 1998. 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; w�ould 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 would be in keeping �vith 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 Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and �velfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to grant an average lakeshore setback to pernut a one stall garage addition and lakeside deck as sho�vn on the submitted plan (Exhibit A). Approval was subject to the follo�ving conditions: Paje 2 of 5 ' � -'� ) � O� O O - �b - � C ITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL ,� ,�_ `g N O. � � 'y� �:� kESH�4 1. Authorities granted by this variance run with the property not with 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 this variance will expire on that date (April 27, 1999). 2. The lakeside deck is limited to �26 s.f. as shown on E�ibit A. ;. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of April, 1998. ATTEST: „ � � �:') 1;��t'�t/ �7 �/.��. Linda S. Vee, C' Clerk Gabr 1 abbo�, M o /�2�� Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument �vas executed on behalf of the City. ;� ��i��/G/ �1i��1arn�� „�=�; CAROLE A.HASEMAN Notary Public ,�`• NOTARY PUBLIC-MINNESOTA << :�;;•��.�. � r,e�/ HENNEPIN COUNTY ` '%�'� •'� My Commission Expires Jan.31,2000 �. Page 3 of 5 � � - i . � O� O O _ �e - C ITY of ORONO � � ti �� p'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4'� NO. � � � r;*� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of ,.,.�;,�,� , 199� before me a Notary Public within and for said county, personally appeared ��-f�{��;(� ,��'�r�h {�� (G,, h�,56cn� �n c� wi�P, 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. �'�.M, , CAROLE A.HASEMA.�� ` ��e J C/• ,cf�t.��2s1..�� ; �� NOTARY PUBUGMINNESOTA NOTARY PUBLIC :;f;,��;: ;i '�"`�A`%. HENNEPINCOUNTY � My Cammission Expires Jan.31,2000 STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared � l:no�vn 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. 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No. �ZZ S� pcte��/b/9� Brooklyn Park, MN 55428 Faz (812) 566-8517 a