HomeMy WebLinkAbout#4148-variance-1998 �� �. ,,
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RESOLUTION OF THE CITY COUNCII
�L9kESH�4�G NO. � .� �- �
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 9 (D) AND
SECTION 10.22, SUBD 2 AND
SECTION 10.56, SUBD 16 (L)(2)
FILE NO. #2407
�VHEREAS, Lane and Kelly Moore (hereinafter "the applicants") are the owners
of the property located at 3438 Livingston Avenue within the City of Orono (hereinafter "the
City") and legally described as follo�vs:
Lot 19, Block 2, "Navarre Heights, Hennepin County, MN" (hereinafter "the
property"); and
`VHEREAS, after due published and mailed notice in accordance with Minnesota
Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on August 17, 1998, at which times all persons desiring to be heard
concernin� this application were given the opportunity to speak thereon; and
`VI�REAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subd. 9 (D); Section 10.22, Subd. 2; and Section 10.56, Subd. 16
(L) (2) to permit the construction of a garage 3' from the side lot line where 10' is required
and to allo�v 36.0% hardcover in the 500-1000' lakeshore setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2407.
2. The property is located in the LR-1C Single Family Lakeshore Residential
Zoning District where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The
property consists of .15 acres or 6,625 sq. ft.
3. The Orono Planning Commission reviewed this application on August 17, 1998
and recommended approval by a vote of 6 to 0.
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4. The Planning Commission made the following findings of fact:
A. The lot.is undersized for the zoning district.
B. The planter is an asset to the lot and should not be removed.
C. The City Building Official recommends at least a 3' lot line setback due
to the location of the neighboring property's gazage.
5. The City Council fmds that the conditions existing on this property aze peculiaz
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect tr�c condirions, light, air nor
pose a fire hazard or other danger to neighboring property; would 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 with 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 welfare 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 10.03, Subd. 9 (D); Section 10.22, Subd.
2; and Section 10.56, Subd. 16 (L) (2) tq permit the construction of a garage 3' from the side
lot line where 10' is required and to exceed allowed hazdcover in the 500-1000' setback where
35% is allowed and 36.0% is proposed. Approval was subject to the following conditions:
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 within one yeaz of the date of Council approval, or this variance
will expire on that date (August 24, 1999).
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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 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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 24th day of August, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabri Jabbour, Mayor
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Property wner (s)
STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
�, The foregoing instrument was acknowledged before me on this 24th day of
August, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
�. :�__
1' _ �_v -:JAMIE L.GEMAR -
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�` '• NO?ARY PUBLIC-MINNESOTA
' HENNEPIN COUNTY Not ublic
�•��:!'�'� Conq�dssion ires,�.31,2000
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this� day of , 199� before me a Notary Public within
and for said county, personally appeaze �/�, Nn�rp�+n����^��� f'� �ah� a,r�..
known to me to be the person(s) described in an�executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
<�;�
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�r� . � CAROLE A HASEMAN �
� ,F'',� �� NOTARYPUBUC-MINNESOTA ��� �• �1���-�J -
�_.��' • M HENNEPIN COUNTY Notary Public
, ° y Commission Er.pires Jan.31,?000
L1
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 3�D day of 199� before me a Notary Public within
and for said county, personally appeazed Gt.ns�_ �
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.
� .
�„", . JAMIE L GEMAR
. ����ESOTA Not ublic
MY C,anp�n 6�iies J�n.31,2000
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