HomeMy WebLinkAbout#3891-variance-1997 w � .r,�
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��� G'�' RESOLUTION OF THE CITY COUNCIL .
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6,
SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND
SECTION 10.56, SUBDIVISION 16 (C-6)
FILE N�. 2227
WHEREAS, Gary Tucker (hereinafter "the applicant") is the owner of the
property located at 3466 Ivy Place within the City of Orono (hereinafter "the City") and legally
� described as follows:
Lot 1, Spring Park, including that part of vacated Lake Shore
Avenue lying between the extensions of the north and south lines
of said Lot 10 (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.25, Subdivision 6, Section 10.22, Subdivisions 1 (B) and 2, and
Section 10.56, Subdivision 16 (C-6) to allow for a side yard setback to encroach along the
north property line and to increase hardcover in the 75-250' setback area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2227.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District where one-half acre in area is required. The property is sewered.
3. The Orono Planning Commission reviewed this application on April 21, 1997
and recommended approval of the proposed variance based upon the following
unique findings and hardships:
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A. The existing residence encroaches into the side lot line on the north side
of the property.
B. The concrete front stoop is located over a basement.
C. The subject property does not currently meet the lot azea requirements.
D. The City has received no comments from the property owners notified
of the proposed improvement.
4. The City Council fmds that the conditions e�cisting 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.
5. The City Council has considered this application including the findings and
re�ummendations 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 community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a side yard setback variance per Municipal Zoning Code Section 10.25, Subdivision 6
to permit construction of a front entry stoop over an existing concrete slab; per Section 10.56,
Subdivision 16 (c) an average lakeshore setback variance to allow a deck to encroach 20' into
the average lakeshore setback; and per Section 10.22, Subdivision 2, to allow a hardcover
variance in the 75-250' setback area to increase hazdcover from 3,420 sq. ft. (32.26%) to 3,637
sq. ft. (34.3%) where 2,680 sq. ft. or 25% is allowed, subject to the following conditions:
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1. 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 yeaz of the date of Council approval, or this variance w�ill
expire on that date (April 28, 1998).
2. 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.
3. 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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 28th day of April, 1997.
ATTEST:
�.
Dorothy M. allin, City Clerk Gabrie abbour, Mayo
.. �(,� .
Pr erty O er (s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
JAMIE l.BOSMA -
:�. NOTARY PUBLIC-MINNESOTA .
HpdNEPIN COUNTY
•,..� My Commission ExPires Jan.31.2000
r2? Not ublic
;
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) describe in and o executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
t�
� JAMIE l.BOSMA
` ' NpTpptt pUBLIC-MINNESOTA
'`!y • ' HENNEPIN COUNTY 2'�--
.
�, �••��°� My Commission Expires Jan.31,2oeo NOT Y PUBLIC
-. . _.<,.,�:.:r-���..���-;�M ...
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �S'� day of l�w�- , 19� before me a Notary Public within
and for said county, personally appeared `yL �v �
known to me to be the person(s) described in and ho executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
. l
� JAMIE L.BOSMA
s`�' • NOTARYPUBIIC-MINNESOTA NOT PUBLIC
} ' = '- ' HENkEPIN COUNTY
' "•�•>��°� My Comm�ssion Expires Jan.31,20001
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