HomeMy WebLinkAbout#4055-variances-1998 � `
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��� - ��� C ITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�kESH�4� NO. � 6� - :';
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A RESOLUTION GRANTING VARIAI�ICES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C),
SECTION 10.22, SUBDIVISIONS 1(A) AND 2 AND
SECTION 10.56, SUBDIVISION 16(C6)
FILE NO. #2344
WHEREAS, C. Douglas and Marilyn Holcombe (hereinafter "the applicants")
are the o��ners of the property located at 1056 Loma Linda Avenue within the City of Orono
(hereinafter "the City") and legally described as follows:
See Exhibit A for legal description (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zonin� Code Section 10.03, Subdivision 14(C), Section 10.22, Subdivisions 1(A) and 2 and
Section 10.56, Subdivision 16(C6) to permit the construction, replacement and enclosure of
decks on the lake side of the residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2344.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 12,204 s.f.
or .28 acre.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variances based upon the followin?
findings:
1. The zoning lot does not meet lot area or width requirements.
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'�' RESOLUTION OF THE CITY COUNCIL
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2. The main level deck is a replacement of one that had existed.
3. The enclosed porch and second level deck will not further add to
hardcover, structural coverage or encroachment on the lakeshore and
average lakeshore setbacks.
4. The stairway leading down from the main level deck and walkway and
steps around the porch are necessary for a secondary means of egress
from the main level and to address significant topography.
4. The City Council fmds 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 variances 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 applicants, but is necessary to alleviate a
demonstrable hazdship 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.
5. 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.
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�� G'� RESOLUTION OF THE CITY COUNCIL
��kESII��� NO. ��+.:��
ATTEST:
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Linda S.+Vee, City Clerk Gabri Jabbour, May
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Pro erty Owners
STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
March 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota munici al co orat' said instrument was executed on behalf of the City.
� ` CAROLE A.HASEMAN
:"',�" �� NOTARY PUBIIC-M!tJNFSOTA ) � �.�e1��� /
r '�:�;�:1��. HENNEPIN C01}!dTY ? ,�-��' �� � "�
�' ��•�• My Commission Er.pires J:.n.31,2"^0 ��:`
"''� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this� day of �J�,-�ti , 199 8 before me a Notary Public within
and for said county, personally appeared(� ��J� ;„1,��.�r:�„ ��I�.,��6�.,.�_;►�,�a ,�;�'�,
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.
•. CAROLE A HASEMAN
�� �4�.� NOTARY PUBUC-MINNESOTA ! �
�_ ;`.''e"'f,: HENNEPIN COUNTY �
� `c:�•• ��������.3t.� NOTARY PUB IC
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'�' RESOLUTION OF THE CITY COUNCIL
��9kESI3�g'�G , NO. � a �
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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 appeared
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.
NOTARY PUBLIC
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- EGA DESCRIP T10N: �'
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Thot pvrt of Lot 4, Lomo Lindo and the property described os
follo ws:
7hot �ort of Lot 36 includiRg the occretions thereto, "Lomo
Linda which Iies evsterly ond southerly of the following
described line: 8eginning at Q point on the Sou�h l;ne of
svid Lot 36 distvnt 200 feet eosterly of the sovfhwest corne�
of soid Lot 36: thence norfherly, vt o right vngle to soid
south line, o distonce of 106 feef; thence northeoste�Iy,
deflecfinq fo fhe right 58 deg�ees 00 minutes fo the south
tine of th� north 40 feet of �soid Lof 36; thence easferly,
vlong the lost men tioned sau th .Iine, o distQnce of 157 feet;
thence northeosterly, deflectinq to the left 70 de4rees DO
minutes to the shore of Loke Minnetonka ond ihere termrnating.
Which lies southeasterly of a line described as fo!lows:
Commencing at the southwest corner of soid Lot 36; #hence
eosteriy v�ong the Soc,th line of soid Lot 36 a distance of
304.48 fee t to an ongle poin t in sa�d Sou�h 1 in e ond th e poin t
of beginning of the line to be described; thence deflectrng �
Ieft 29 degrees� 26 minutes Sa. 70 feet to the south line of
said Lof 36; thence deflecting right 13 degrees 37 minufes 30
seconds )39 feet, more or less, to the shore of Loke
Minnetonkv ond there term�nvting, soid Lot 36 being �
estobiished by jc►dgemenf entered in Hennepin County District
Covrt Cvse Number 449127 ond recorded in Book 550 of
Miscelloneous Records, poge 410.
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