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Home My WebLink About#3909-variances-1997 . + r • � O� O O ��b CITY of ORONO � ti � '�' RESOWTION OF T E CITY COUNCII ��`�k o��G No. � 9 0 9 Esx A R�S��,�J�iOlY GRANTING VARIANCES T� 1V�UNI�IPAL ZOle1IN� CODE S�CTION 10.24, SUB�lDIVISION 5 (B) AND S��C�'I�`i+T 10.22, SUBDIVISION 2 F�I,E NO. 2236 , . �Y�R'EAS, William H. Bockmann (hereinafter "the applicant") is the owner of the properry located at 1090 Loma Linda Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 9, Loma Linda (hereinafter "the property"); and WHER'EAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to remove an existing one-car garage and to construct a two-caz garage resulting in a side yard variance to reduce tne existing side yard from 4.0' to 1.7' where 10' is required and a hardcover variance increas�:. from 1,754 sq. ft. (37.20%) to 1,838 sq. ft. (38.98%) in the 75-250' setback where 1,178 sq. ft (25%) is allowed. lYOW, �!'�EREFO�, B� IT �2ESOLVED by the City Council of Orono, Minnesota: FiNDi1�TGS 1. This application was reviewed as Zoning File #2236. 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. 3. The Orono P:anning Commission revi�wed this application on May 19, 1997 and recommended approval of the proposed variances based upon the following unique findings and hardships: Page 1 of 4 � - � � O ' V O O �. CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`9J�E p4��'G NO. ST�I A. The lot does not conform to the minimum lot area and lot width requirements for the LR-1B district. B. The well located in the yard limits new construction. C. No negative comments have been received from adjacent property � owners. 4. The City Council fmds that the conditioris existing on this properry are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect tr�c 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 di�culty; 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 fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfaze of the community. CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants variances for hazdcover and side yazd and street yard setbacks per Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to remove the existing one car gazage to construct a two car garage, subject to the following conditions: 1. Authorities granted by this variance run with the properry not with the applicant, but is 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 (May 27, 1998). Page 2 of 4 . � / . � O� O O ��b - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL �9kESH0g'� NO. � � 0 9 - , 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 agree 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 27th day of May, 1997. A ST: . � , . orothy M. lin, City Clerk Gabri Jabbour, Mayo - � � ;. !S% i-e�.. � . �-.-��"��.�r�cE.�'�... L �� Property Owner (s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of May, 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. ,, ", . CAROLEA HASEMAN l�'L��/�� ; . • NOTARYp�g�MINNESpTA Notary Public �•,.,.•^� HBVNEPINCOUNTY �,_��Cammi�ion Expires Jan.31,2nOp - . �. . _. . . . �:.�r_,.,� _ _� -� Page 3 of 4 , ! - ` . � � O ' Y O O , C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��'9IfE Kp4��'G NO. .e� � O � S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of ' , 199� , before me a Notary Public within and for said County,personally a peared�„�,� L. R�IC,-,.,�N n , r,,►�r�;�. 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.FIASEMAN ��'�,�/'J • '° ��t�sou Notary Public : �'- •' HE�INEPtNCOUNTY � `�••••r My Cammission Ezpires Jan.31,2�00 4?^�"��";�{=-�-�+-'�;�::_......:::e_... STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /S�- day of , 199 � , before me a Notary Public within and for said County,personally ap eared 1�l: /��a m /�• 8 a_cKrn a n n; rn a��`�c+� 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. lC�, �• (/�-2� otary Public � T�•. LINDA S.VEE 7�` NOTARY PUBLIC-trIINNESOTA '.;� :- : HENNEPIN COUNTV +,-.•• My Commission Expir�Jan.31,2000 Page 4 of 4 . � . r , � • ! .HCREST AVENUE � ' b N TH 50.00 ' , � � . , 1 �� L � b •, , � �� - � �i � � � � � + '' � �MMI�Yi �4wip � f 1 L � e , � i. � / � �+•si p . _ ` ! �' �e ��O 10.3 � �� m ,i � � � �� zOr �7 � � ---�a�--- ,,, ' `$ �T1 -�1 r --�� -�ni ZOD � � � � 0 m n —i � —i � ` D � � � OO �p = „, �, � r • o . , �� D � c � � � O N! \ i0 �p. �;1 z r T` rTl N :; ; m � �� + ;cn D i .� :�� D o � . D Z � i � � � � ':� � i �\S\°° y. f �� ' � ,.9�94 . •��\\,4 �q,�F �vT� ; :� . � M/ �� t� � NNFTo �kq