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Home My WebLink About#4580-variances-2000 �� C ITY of ORONO .� _ � � 6 � �'',� G'� �� RESOLUTION OF THE CITY COUNCIL ��kESH� NO. � � � � � � . A RESOLUTION GRANTING VARIANCES TO ��iUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (1) AND SECTION 10.56, SUBDIVISION (C) (6) FILE I�`O. #2625 WHEREAS, Karen E. Nelson and Morgan Nelson (hereinafter "the ► applicants") are owners of the property located at 3145 Jamestown Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Camelot EXCEPT that part of said Lot 2 described as follows Commencing at the most easterly corner of said Lot 2; thence South 26 degrees West along the southeasterly line of said Lot 2 a distance of 198.33 feet to the point of be�inning of the exception being described; thence South 47 degrees West a distance of 54.10 feet; thence South 26 degrees West to the shore of Lake Classen; thence southeasterly along said shoreline to the intersection with a line drawn South 26 degrees West from the point of beginning; thence North 26 degrees East along said last described line to the point of beginning. ALSO That part of Lot 3, Block l, LIBERTY ACRES described as follows: Be�innin� at the most easterly corner of Lot 2, Block 1, CAMELOT; thence South 26 degrees West alon� the southeasterly line of said Lot 2 a distance of 198.33 feet; thence North 47 degrees East a distance of 123.90 feet; thence North 14 degrees East to the North line of said Lot 3; thence westerly along said north line to the point of beginnin�. (hereinafter "property"); and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 20, 2000, at which times all persons desirin� to be heard concernina this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (1) to permit the construction of a swimming pool 123' from the OHWL of Lake Classen where 150' is required to lakes classified as Page 1 of 6 � �. � � � � O �, O "� CITY of ORO O a �► ti ti RESOLUTION OF THE CITY CO NCIL ��9.k 3II�4��'G � NO. .�_ � � � � NE, Na�ural Environment and to Section 10.56, Subdivision 16 (C) (3) td permit a 9' encroacY�ment into the average lakeshore setback for structures where no en�roachment is allowed. D b the Ci Cou cil of Orono � NOW, THEREFORE, BE IT RESOLVE y ty , Minnesoita: FINDINGS 1. This application was reviewed as Zoning File #2625. The property is located in the RR-1B One Family Lakesho e Residential � Zoning District. I The Orono Planning Commission reviewed this application on �Tovember 20, 2000 and recommended approval on a vote of 6 to 0 for varian es based upon ', the following findings and hardships: � I A. The proposed pool would be located between the house nd gazebo on the lake side of the residence. The residence was 1 cated on the property prior to the 150' setback requirement for Lak Classen. B. The pool would be located above the hill and would be ell above the flood plain or areas affected by the OHWL of Lake Cl ssen. , C. Placing the pool behind the principal residence would no function well as it would be located in the front of the house towa ds the street. Typically, pools would be located behind the house i a back yard. Also, the street yard is the site of the septic system an alternate site, leaving no other reasonable location for the pool. D. The gazebo and dense vegetation would screen the poo from view to , adjacent residences. q�. The City Council finds that the conditions existing on thi� property are peculiar to it and do not apply generally to other property iin this zoning district; that granting the variances would not adversely j affect traffic Page 2 of 6 e ! � - I . /� I /�IIO� II O I O ' C ITY of ORO � O � ti � �`,� G'� RESOLUTION OF THE CITY COI�NCIL L9k SH�4��' N0. � � �� j conditions, light, air nor pose a fire hazard or other danger t� neighboring . property; would not merely serve as a convenience to the appl cants, but is necessary to alleviate a demonstrable hardship or difficulry; is necessary to preserve a substantial property riaht of the applicants; and ould be in � keeping with the spirit and intent of the Zoning Code and Compr�hensive Plan of the City. 5. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City sta f, comments by the applicants and the effect of the proposed variance on the l�ealth, safety and welfare of the community. CONCLUSIONS, ORDER A.`'D COi�TDITIONS Based upon one or more of the abo��e findi.nas, the Orono City C uncil hereby grants variances to Municipal Zoning Code Section 10.56. Subdivision 16 (C) 1) to permit the construction of a swimming pool 123' from the OHRZ of Lake Classen here 150' is required to lakes classified as NE, Natural Environment and to Section 10.56, Subdivision 16 (C) (3) to permit a 9' encroachment into the averaae lakeshore setback f r structures � where no encroachment is allowed subject to the follo«-in� conditions: I 1. Applicants shall remove hardcover as depicted on the approv d site plan ' attached hereto as Exhibit A. Final hardcover shall not exceed 25% of the land area within the 75-250' setback. � 2. Authorities granted by this variance run with the property n�t with the applicants, but are permissive only and must be exercised by ap lication for a buildin; permit within one year of the date of Council appr al, or this variance will expire on that date (December 11, 2001). * 3. Violation of or non-compliance with any of the terms and condit ons of this variance shall constitute a violation of the zonin� code, shall a tomatically � terminate any authority granted herein, and shall be punis able as a �� misdemeanor. � Page 3 of 6 �, , , � r i�� / Q� �i � , O O , �� CITY of ORON�J � F � �� '�' RESOLUTION OF THE CITY COUNCI'� \kESHp4 � NO. � � �' _� '� 4. The undersigned applicants have read, understand and hereby agre� to the 'terms of this resolution and on behalf of themselves, their heirs, su�cessors and assigns, hereby agree to the recording of this resolution in the C�iain of Title of the property. ' � � �l,dopted by the City Council of the City of Orono, Minnesota at a r�gular meeting held on the llth day of December, 2000. I ATTEST: � I L' � � c�` �r� f.��{ C1Z.-- �i . , Gabri Jabbour, Mayo � A C r i C L D U�,� � %�r;;.,�,f_�l C=iC-Z./L. /" I �-fLl,.7� 1�% �..Qd-�_ Property Owner (s) �, 'I STATE OF MINNESOTA ) ) ss. '� COUNTY OF HENN�PIN ) The foregoing instrument was acknowledged before me on this llth day of ', December, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City 'I of Orono, a Minnesota'municipal corporation and said instrument was executed on behalf �� of the City. � I � � � • � �► �`' � � �p2 C•t'1;,�. '�,� ', Notary Ptt lic �i �'�- N1ARY ANN JOHNSON � ;`A� . � NpTpRy pUBUC-MINNES07A I -'�''' ��p�i�Ex�ires Jan.31,20�5 ' i ��::ii'+•, � � '- � ....c��.�'. •��.,.i � I I Page 4 of 6 I , , . , . � . j�� II � O O " , � CITY of ORON � � �, ti ti RESOLUTION OF THE CITY COUNCiI� ��'9 4ti.�'G NO. � �i � �� kESI3b - 1� ', STATE OF 1'vIINNESOTA ) . ) ss. COUNTY OF' HENNEPIN ) On this .��h y of /�7��C f� , 20 J� before me a \otary Public withi and f o r s a i d c o u n ty�p e r s o n a l l y a p p e a r e d '��r� �-. �v/ o Q„ '�� fi° . o�:. �r�x'�:p� own to me to be th� person(s) descri be d in an d w ho execute d t foregoi.na ins t r umen t, an d acknowledged th�t he(they) executed the same as his (their) free act and deed. � �� MARY A�JN JOHNSO:V r�= NQTAR`�PUBUC-MlNNESOTA `./�� r `,�,� � i ' �: ��r MY�Ex�iras.tan.31,2005 i� Y �1'2� ,, t�r/�'d-��- � Notary ; v-' ,, STATE OF MINNESOTA ) � � . . , ) ss. COUNTY OF HENNEPIN ) On this day of ' , 20' before me a 1 otary Public within and for said county, persor�ally appeared known '1 to me to be the perso�(s) described in and who executed the foregoina instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. � , 1 Notary I '� � � Page 5 of 6 ' , � � - » p Q � � � • EXHIBIT A , a o ' ,F � � � O �J ' _. � � � � `,� 0 . o Q . Y • I O �r ' t� . i <,'�9BR?50.00��+i+' � �`�� + (i � � , � . . . � 9M �'.. � .! . � ,ii°j ,�✓ , '''�r� f!. �l __�� au.ma�vo r�: ` � � � �^ � � �� h;�' utUrr Gst�dn .�� ' � 'I � , a 6 %� , a � . ,':, �$d� ; t � � I ♦ ;r� - Q?ya ' �1 I � �� _ � ;a;�..�- • �: � � . , '; I f' ' , . - ,,;; , � i Ni I � : • V�� ,; • Acr ` ,Q I � ._—__. — . t.tNAT( J�rf' � � � � ► _ ^ . `t ' �� y_�— i{``�- . I . . � � V � •/RAit} Jf111< • ,, I Ji rE � ,i 3 .. � � �'r �.� . . . . . � . ' ^ � n . Y�i . �.� � ��: �' h . . . 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