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Home My WebLink About#4098-variances-1998 /�_ /� �� 0 0 �e. - C ITY of ORONO ,� �� '.� �'� RESOLUTION OF THE CITY COUNCIL t9kESH04�' NO. � � � � A RESOLUTION GRANTING VARIANCES TO MU�TICIPAL ZONING CODE SECTION 10.22, SIJBDIVISION 2 Ale1D SECTI�iY 10.24, SUBDIVISION 5 (8) AND SECTION 10.56, SUBDIVISION 15 (C, 6) FIL� #23b3 �I�REA�, William H. Bockmann (hereinafter "the applicant") is owner of the property located at 1130 Loma Linda Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 11 and 12, Loma Linda, Hennepin County, Minnesota (hereinafter "the property"); and ��IE12EA�, after due published noti�e and mailed notice in accordance �vith Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 20 and May 18, 199�, at which times all persons desiring to be neard conceming this application were given the opportunity to speak thereon; and '��I��,�t�A�, the app:icant has applie� to the City for varian�es to Municipal Zor.ing Code Section 10.22, Sub�ivision 2; Section 10.24, Subdivision 5 (B), and Section 10.�6, Subdivision 16 (C, 6) to permit construction of a new residence where variances are required to encroach 5' forward o= the average lakeshore setback at the southeast corner, to en�roach 8.5' into t�'�e required side yard adjacent to a s�eet where a 20.5' setback is proposed and 35' is required on a lot that is 19,06:5 sq. ft. (.44 acres) where 1 acre is req�aired. I�Ta��1, '�T'�i�?�E1F��, �� 'I' ��.V�D by the City Coancii of Orono, Niinnesota: Fage 1 0.•`� , - ,. /� O� . 0 0 , C ITY of ORONO � � ��i �G'� RESOWTION OF THE CITY COUNCIL 9kESH�4 NO. '� U � � FINDINGS 1. This application was reviewed as Zoning File #2363. 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .44 acres or 19,065 sq. ft. 3. The Planning Commission reviewed this application on April 20 and May 18, 1998, and recommended approval on a vote of 5 to 0 for all variances requested. 4. The Planning Commission made the following findings of fact: A. The subject property does not meet the minunum lot area requirement for the LR-1B zoning district. B. The property is bounded by a service road on the west side that technically is the front yard and Loma Linda Avenue on the north that is the side yard adjacent to a street. C. A well on the property limits the location of new construction. D. The proposed residence is less than the allowed structural coverage permitted. F. The proposed residence complies with the 75' lakeshore setback and will not interfere with lakeviews of adjacent residences. - Page 2 of 5 � �� . O O �� , C ITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL �t`91fE p4ti�G NO. �.� � � STrI 5. The City Council finds 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 applicant, but is necessary to alleviate a demonstrable hazdship 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. 6. The City Council has considered this application including the findings 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. CONCL�JSIONS, aRi�ER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (C, 6) to permit the proposed residence to encroach 5' forward of the average lakeshore setback at the southeast corner, to allow the new residence to be located 26.5' from Loma Linda Avenue where 35' is required on a lot that is 19,065 sq. ft. (.44 acres) where 1 acre is required. Approval was subject to the following conditions: 1. Hardcover in the 75-250' setback not to exceed 2,630 sq. ft. (25%). 2. Authorities granted by this variance run with the property not with the applicant, but are pe�znissive only and must be exercised by application for a biiilding permit within one yeaz �f the date of Council approval, or this varian�e will eYpire on that date (June 22, 1999). Page 3 of 5 i � O I . O O , CITY of ORONO .� � �� ,'�� RESOLUTION OF THE CITY COUNCIL �9kESH�4��' NO. � O � � 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted. herein, and shall be punishable 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 and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of June, 1998. ATTEST: � � �� Linda S. Vee, City Clerk Gabrie Jabbour, Mayo _ ��'Y�'��.�� -- Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 'The foregoing instrument was acknowledged before me on this 22nd day-of June, 1993, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �.:�;�� ' � '";,, JAMIE L.6EMAR ' NOTMY PUBUC-MINNESOTA NO Public ' •' � HBVMEPIN COUNTY � • . •.. My Comndssion E�ires J�.31,2000 Page 4 of 5 � �� O O , CITY of ORONO � � ' �� G'� RESOLUTION OF THE CITY.COUNCIL �`4�3I�p4�' NO. �� '� STATE OF I��NNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this g�'- day of , 199�' before me a Notary Public_within and for said county, person appeazed LJ�.,Q,Q,c�,,, ,Cl �-�-r -�`��---N r, known to me to be the person(s) described in and who executed the foregoing instrument,and � cuted the same as his (their) free act and deed. ��•� JAMIE L GEMAR - :'"' ` ' NOTARIf PUBLICrMINNESOTA • -� ' HB�EPIN COUNTY � o • . •,... t�y comm�on r�v;res,�.�,200o Not Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �-� day of ^ / , 199 Y before me a Notary Public within and for said county, personally appeare . ' known to me to be the person(s) described in and who executed the foregoing instrument,and acknowled?ed that he (they) executed the same as his (their} free act and deed. �C..C��o , / . ��i..M9 �/ ! �;�_,, �:� Notary Public � �,..,.: CAROIE A HASEMA.N �, : ,:,�% NOTARY PUBLIC-MINP!ESOTA �, ',�'ri;�;: HENNEPIN COUNTY < �•° My Commission Er.�ires Jan.3t,2000 i - L-< Page 5 of 5