HomeMy WebLinkAbout#4461-variance-2000 i/-��\
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\� G RESOLUTION OF THE CITY COUNCIL
�t9 4��'/ NO. ` ':
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A RESOLUTION GRANTING A VARIANCE
TO �1IJNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16(C)(6)
FILE NO. #2513
WHEREAS, Connie Piepho (hereinafter "the applicant") is the owner of the
property located at 540 North Arm Drive within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 4, Block 1, Victoria Estates, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zonin' and Planning Codes, the Orono Planning
Commission held a public hearings on August 16, 1999 and April 17, 2000, at which times
all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zonin; Code Section 10.56, Subdivision 16(C)(?) to permit construction of an inground
s�vimming pool less than 750 s.f. encroaching 35' into the average lakeshore setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2513.
2. The property is located in the LR-lA, One Family Lakeshore Residential Zoning
District.
3. The Orono PlanninQ Commission reviewed this application on April 17, 2000
and recommended approval on a vote of 5 to 0 for the variances based upon the
follo��zng findings:
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RESOLUTION OF THE CITY COUNCIL
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A. Locating the pool on the lakeside of the property screens the structure
from view from the road.
B. A group of mature trees are located around the azea designated for the
swimming pool and the area is lower than adjacent properties for
minimal impact and screening to surrounding residences.
C. The pool is located approximately 150 feet from the n�arest adjacent
residence. If the pool were relocated to the north side of the property the
pool would be visible and within 60 feet of the residence.
D. The City On-Site Systems Manager has approved a variance to the Septic
Code that would permit an alternate septic site to be within 75 feet of
an adjacent water supply well, but not less than the State requirement of
50 feet.
E. The property owner of 520 North Arm Drive has submitted a letter to the
City of Orono stating knowledge of the variance to permit a septic site
within 75 feet of the well.
4. The City Council finds that the conditions existing on this property aze 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 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.
5. 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
welfare of the community.
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��i G'�' ' RESOLUTiON OF THE CITY COUNCIL
t9 4�� NO. 4 � � �.
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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 10.56, Subdivision 16(C)(2) to permit
construction of an inground swimming pool less than 750 s.f. encroaching 35' into the average
lakeshore setback.
1. Authorities granted by this variance run with the properry not with the
applicants, but aze 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 8, 2001).
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 herself, her 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 8th day of May, 2000.
ATTEST:
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Linda S. Vee, City Clerk Gabri Jabbour, Mayo
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Propert}� Owner (s)
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��t G'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of May, 2000,
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.
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CAROLE A HASEMAN
ao�r�rPtsuc-�s�� ��{J
�,A,ca,r,u+Ya,o Ex�a,w+.�t.�oos
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /lo��j' day of , 20Cb before me a Notary Public within
and for said county,personaily appeazed ; 'e�
known to me to be the person(s) described in and w o executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
1/r.-�e i( /� ���/��
Notary Public
STATE OF MINNESOTA ) �"'
) ss. CAROLE A HASEMAN
COUNTY OF HENNEPIN ) � ��„n�,�on�,�an.3�2�
On this day of , 20_ 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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