The URL can be used to link to this page

Home My WebLink About#4503-variance-2000 t � � O �� \ �� ad. - 1'� C ITY of ORONO � �� ti RESOLUTION OF THE CITY COUNCIL ��9kESH��G NO. � � � � �—� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56. SUBDIVISION 16(C), FILE NO. 2598 WHEREAS, Douglas J. Dayton, (hereinafter "the applicant") is the owner of the property located at 300 SiYth Avenue North within the CiTy of Orono (hereinafter "the City") and legally described as follows: That part of northwest 1/4 of southeast 1/4lying northerly of County Road Number 6 and commencing at a point in east line of government lot 3 distance 1082 2/10 feet � north from southeast corner thereof then west 100 feet then south to northerly line of County Road North 6 then northerly along said northerly road line to west line of government lot 3 then north to northwest corner thereof then east to shore of Kegan Lake then southerly and easterly along said lake shore to east line of government lot 3 then south to beginning except road,Hennepin County,Minnesota(hereinafter"the property"); and �VHEREAS,the applicant has applied to the City for a variance to Municipal Zoninj Code Section 10.56, Subdivision 16 (C) to allow a lakeshore setback of 80' where 100' is required to permit an addition to the existing residence. `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the �ity of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 17, 2000, at which time all persons desiring to be heard concerning this application were �iven the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2598. 2. This property is located in the RR-1B Zoning District,where 2 acres is the minimum lot area. The property consists of approximately 90 acres. PaQe 1 of 5 ,�_� ,�� ^ � � � C ��-' �- �� b - ��.�� , C ITY of ORONO � � . �� ,t�� R E S O L U T I O N O F T H E C I T Y C O U N C I L ��9kESH.�4�'� NO. " � e� r �� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56. SUBDIVISION 16(C), FILE NO. 2598 WHEREAS, Douglas J. Dayton, (hereinafter "the applicant") is the owner of the property located at 300 Sixth Avenue North within the City of Orono (hereinafter "the City") and legally described as follows: That part of northwest 1/4 of southeast 1/4 of Section 25,Township 118, Range 23, lying northerly of County Road Number 6 and commencing at a point in east line of government lot 3 distance 1082 2/10 feet north from southeast corner thereof then west 100 feet then south to northerly line of County Road North 6 then northerly along said northerly road line to west line of government lot 3 then north to northwest corner thereof then east to snore of Kegan Lake then southerly and easterly along said lake shore to east line of government lot 3 then south to beginning except road, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS,the applicant has applied to the City for a variance to Municipal Zonin� Code Section 10.56, Subdivision 16 (C) to allow a lakeshore setback of 80' where 100' is required to permit an addition to the existing residence. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannin� Commission held a public hearing on July 17, 2000, at which time all persons desiring to be heard concernin� this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlinriesota: FINDINGS 1. This application was reviewed as Zoning File #2598. 2. This property is located in the RR-1 B Zoning District,where 2 acres is the minimum lot area. The property consists of approximately 90 acres. Page 1 of 5 . t %-_-- /'� �11�' �O o ��_ - ,� C ITY of ORONO ,,, ��I �' '� ' RESOLUTION OF THE CITY COUNCIL ��9 4��'/ !V O. � � � `3 . �S� 3. The Orono Planning Commission reviewed this application on July 17, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is not a concern, nor are hardcover or average lakeshore setback. B. The existing residence is currently located 83'from the lakeshore where 100' is required. � C. The residence was built prior to current zonin� standards. D. Granting of the variance will have no impact on neighboring residences. E. Due to the location of the house and its interior layout, there is no practical way to locate the proposed closet addition in a conforming location. 5. The City Council finds that the conditions eYisting on this property are peculiar to it and do not apply generally to other properiy in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danDer to nei�hboring property; �vould not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; 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 includin� the findings and recommendations of the PlanninQ Commission, reports by City Staff, comments by the applicant 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 a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C)to allow a lakeshore setback PaQe 2 of� . �► /��—�? y_ O ' V O O � �,. - CITY of ORONO a � :� � I � ,� �/ RESOLUTION OF THE CITY COUNCIL ��9kESH�4��'G N0. � Pa � �� —� of 80' where 100' is required to permit an addition to the existing residence. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as E�ibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit �vithin one year of the date of Council approval,or these variances will expire on that date (July 24, 2001). ;. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, his 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 or Orono, Minnesota at a regular meeting held on the 24th day of July, 2000. �TTEST: �--�� - �i' ;; �.,„/�- :� t �,�.E::_- �incta S. Vee, City Clerk Gabn Jabbour, Mayor / � C , �., �t/ Property er(s) Page 3 of 5 �'-�\ /� �� /O o, �b. - CITY of ORONO � �, � � � , RESOLUTION OF THE CITY COUNCIL �l �G 4 z� '� �.j ��S_H_i ruo. . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of July,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument��as eYecuted on behalf of the City. 1�101 N.S'fURMAN CU�%'�Lc�.�'L� ��'�� Nota Public ilp Comtr�tssion Expires Jan.31,2005 �a �' , .� �._��.<�,�...=�. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �7 y� day of �1� , 2000, before me a Notary Public within and for said County, personally appeared " vv� }q� .p�, a r-� C��tir r,e�� known to me to be the person(s) described in an who executed the foregoing instrument, and acknowledQed e same as his (their) free act and deed. t�t�.sru�ar� �/�,�� ..�-��.-�- «orNerA,ei.�c-�+�► 1�1rCa�oe6�J�►.3��7�06 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �t. On this ,�� — day of �1 � � , 2000, before me a Notary Public within and for said County, personally appeare (,(.J c� ;ci�- u- c�L -� � �3"�<<' � �'r� kno�vn to me to be the person(s) described in and ho e�ecuted the foregoing instrument, and acknowledged that he (they) eYecuted the same as his (their) free act and deed. ,- -�'��%�d� �� Notary Public UNDA S.VEE NCfARY PUBIIC•MlNNESOTA AI�Camr�lon Expte�Jan.31,2005 Page 4 of 5 � Exhibit A U n � �`� � Z L7 Q'� W m Z O � C.� � Z � � O U �� _ �/ }- �, ; w o �,o�/ - � Q � � O —� � ; � � a •�' � $ �— r ! U a W � • � L CL w � c� � z � �. O N = X W • t?y �,�. ':i ,_�� t�£. LS„ S� c�= `3� iY� � �� _ _�,� �.q :€: �i� •� � I � 1 `r 1 `' � I c' '-� d,�� I I �� \ � ' ' � I � �.. �� I I I � ' �� Page 5 of 5