HomeMy WebLinkAbout#3942-variance-1997 I .
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'�' RESOLUTION OF THE CITY COUNCI
��9kESHbg'�G NO. � � 4 2
A RESOLUTION GRANTING
A VARIANCE TO
MiTNICIPt�L ZONING CODE .
SECTION 10.56, SUBDIVISION 16 (C)(1)
�'ILE #2273
' WHEREAS, Morgan Nelson (hereinafter "the applicant") is own r of the
property located at 3145 Jamestown Road within the City of Orono (hereinafter " ity") and
legally described as follows:
Exhib�t A attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to unicipal
Zoning Code Section 10.56, Subdivision 16 (C)(1) to pernut the construction of a gazebo to
the located 131' from the ordinary high water level of Classen Lake where a 150' etback is
normally reqwired.
NOW, THEREFORE, BE IT RESOLVED by the City Council f Orono,
Minnesota.:
FINDINGS
1. This application was reviewed as Zoning File #2273.
2. The properry is located in the RR-1B, Single Family Rural Residen a1 Zoning _
District.
3. The Orono Planning Commission reviewed this applica.tion on July 21, 1997, and
on a vote of 5-1 recommended approval of the proposed variance b ed upon
the following findings:
A. The proposed gazebo will be located further from the lak than the
existing residence and adjacent homes. �
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��. C ITY of ORON
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��L �G'�' RESOLUTION OF THE CITY COUNCIL
`�kESH�g' NO. 9 4 2
,
B. The applicant's residence ar.d two adjacent residences were c nstructed
prior to the 150' setback requirement. The proposed g ebo will
encroach no nearer the lake than the existing residence.
� C. The existing driveway location lunits the possible locati ns for a
gazebo in the northwesterly half of the property.
D. The proposed gazebo location will have little or no impact on views
enjoyed by the neighbor to the north.
4. ' The City Council has considered this application including the fin ings and
recommendations of the Planning Commission, reports by City staff, omments
by the applicant and the effect of the proposed variance on the health, afety and
welfaze of the community.
5. The City Council finds that the conditions existing on this property peculiaz
to it and do not apply generally to other property in this zoning di trict; that
granting the variance would not adversely affect traffic conditions, lig t, air nor
pose a fire hazard or other danger to neighboring properiy; would ot merely
serve as a convenience to the applicant, but is necessary to leviate a
demonstrable hardship or difficulty; is necessary to preserve a ubstantial
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 CONDIT�ONS
Based upon the above fmdings, the Orono City Council hereby grants variance
to Municipal Zoning Code Section 10.56, Subdivisions 16 (G1) to permit the cons ction of
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��. C ITY of URON
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�� G'�' RESOLUTION OF THE CITY COUNC L
�9kESH�g'� NO. e`3 9 4 2
a gazebo at 131' from the OHWL of Lake Classen where a 150' setback is normall required,
subj ect to the following conditions:
1. The proposed gazebo shall be located to meet the minimum si setback
requirement and be placed at the location proposed in the site plan a ched as
� Exhibit B.
2. Authorities granted by this variance run with the property not witl�the applicant,
but are permissive only and must be exercised by application for building
I permit within one year of the date of Council approval, or this v ance will
expue on that date (July 28, 1998).
3. Violation of or non-compliance with any of the terms and conditio s of this
resolution shall constitute a violation of the zoning code, shall aut matically
terminate any authority granted herein, and shall be punisha le 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 an assigns,
hereby agrees to the recording of this resolution in the chain of ti le of the
property.
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�b CITY of ORUN
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'�' RESOLUTION OF THE CITY COUNCIL
��9kESH�4'�G NO. 3 9 4 2
Adopted by the Orono City Council on this 28th day of July, 1997.
A ST:
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Dorothy M lin, City Clerk Gabn Jabbour, Mayor
roperty O er(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th y of July,
1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City f Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of e City.
, t�•.
LINDA S.VEE ��� ���
� �T�p�g���_�,�INNESOTA
;`�.p�.,!!J� HENNEPIN COUNT'( NOt Public
°:�`:�r My Cammission ExD�res Jan.31,� �Y
•,..•
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��� CITY of ORON
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�� �,'�' RESOWTION OF THE CITY COUN iL
�`�kEs�o�`'� No. 3 9 4 2
STATE OF MINNESOTA ) I
) ss. '
COUNTY �F HENNEPIN ) ,
;
On this �day of -�- , 199Z before me a Notary blic within
and for said county, personally ap�e ed �> Q/sc��, � l�Ccl ' � . rr�d
known to �e to be the person(s) described in and who executed the foregoing ins ent,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S.VEE �� � �
°=M�� . NpTqRY PUBLIC-��INNESOTA
,y��,,._•: HENNEP{N COUNIY
-.,:, ..° My Commission Exp�«��•31�200° N T Y PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary blic within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing ins ent,and
acknowled�ed that he (they) executed the same as his (their) free act and deed. ,'i
NOTARY PUBLIC
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EXHIBIT A
RESOLUTION N0. 3942
t FGAL DESCR�Tt�N OF PREMfSES :
Lot 2, Bbck t, CAME�OT
EXC£PT that part� ot said. Lot 2 described as follows
. Commertcir�g at the most easterty corner of said Lot 2; the.nce Soutfi 26 degrees West a�ong
the� southeas�eriy line of said Lot 2 a distcnce of 198.33 feet to the point of be inning of
the exception, being described; thence Sauth 47 degrees West a distance of 54.1Q feet;
thence.South 26 degrees West to the shore of. .Lake Classen; thence southeasterfy atong said
shordine to titte intersectio� with o fine drown South 26 degrees West from the p int of
beginnir►g; thehce North 26 degrees Easf along said last descrbed line to the point of beginning.
ALSO
That part of Lot 3, 8iacfc 1� L�£RTY ACR£S described os fdlows:
Be�inning at the .most easteriy corner of Lot 2, B(ock 1. CAMELOT; thence South� 6 degrees
West 61ong the southeasterty tine of said Lot 2 a distonce of 198.33 feet; thence Nor�h
47 degrees Eost a dtstance of 123.90 �feet; thence North 14 dec�ees East to the North tine
, of said Lot 31; thence westerly elong soid narth. Gne,to the point of beginning.
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EXHI IT B
RESO�UTION N0. 3942
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