HomeMy WebLinkAbout#3988-variances-1997 � � � , ,
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�'C�� �G~' RESOLUTION OF THE CITY COUNCIL
9kES�IOg' NO. e`� � � �
A RESOLUTION GRANTING VARIANCES
TO MU1vICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1(A AND B) AND 2,
FILE NO. #2303
WHEREAS, Angela Woodhouse (hereinafter "the applicant") is the owner of the
property located at 2625 North Shore Drive within the City of Orono (hereinafter "the City")
and legally described as follows:
see Exhibit A for the legal description of the property (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivisions 1(A and B) and 2 to pernut the construction of an
attached garage and additional living space addition to the rear of the existing residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2303.
2. The property is located in the LR-lA Single Family Rural Residential Zoning
District requiring two acres in area. The property consists of 92,060 s.f. or 2.11
acres.
3. The Orono Planning Commission reviewed this application on October 20, 1997
and recommended approval of the proposed variance based upon the followin�
findings:
1. The application is a renewal of elapsed variances granted in 1996.
2. The entire house is located within the 0' to 75' lakeshore
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setback.
3. The width of the lot and presence of vegetation will minimize
negative visual impacts for the neighbors and from the lake.
4. The proposed hardcover variance would result in a decrease in hardcover.
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 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 applicants, but is necessary to alleviate a
demonstrable hardship 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 welfaze 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 10.22, Subdivisions 1(A and B) and 2 to
allow lakeshore setback variances of 33' and 35.4' to allow setbacks of 42' and 39.6' where 75'
is required, average lakeshore setback variances allowing encroachments of 23' and 21' and a
hardcover variance in the 0' to 75' lakeshore setback of 20.1% to permit additions to the
existing residence including an entry structure and bay window, as well as additional steps and
pavement. Approval was subject to the following conditions:
1. The applicants must remove the existing boathouse with deck near the lake prior
to the construction of the new additions.
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building pernut within one yeaz of the date of Council approval, or this variance
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will expire on that date (October 27, 1998).
3. 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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree 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 October, 1997.
A ST:
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othy M. 1 in, City Clerk Gabri Jabbour, Mayor
Prop O er (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instniment was acknowledged before me on this 27th day of
October, 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. G��,,�v � l/
� • �., LINDA S.VEE
;��: NOTARY PUBLIC-fdINNESOTA Notary Public
DE�.��`,;;�; HENNEPINCOUNiY
��.; ti�;Commission Expi�es Jan.31,2000
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��t �G'�' RESOlUT10N OF THE CITY COUNC,IL
• 9kESIIOg' NO. � � 8 S *
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this�day of c�c/et-y��� , 199 7 before me�a Notary Public within and for
said county, personally appeared , � � �r a�' cc P /' `
known to me to be the person(s) describ d in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
�< <• LINDA S.VEE �
`� ..;+<���; NOTARY PU8UGh41NNESOTA � c � ,
•� ' `*?i °�= HENDlEPIN COUNTY
�' �-'.;���`' t�s;�Commission Exnices�an.31,200o ARY PUBLIC
-.��-,.,
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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That part of CovernmenC Lota 4 and 5, Section 9, Township 117, g�g: �3, dexribed as commencina at the noeth quarter coroer of
aaid Section: thence on a bearing of SouLh (the North line cf the Hortheaat quarter of eaid Section being a�a�oed to have a
beating of North 88 degreea 51 minutes Siest for purpeaes of Lhia description) a dietance of 2878.55 feet: tbraee South 70 de-
Qees 37 mirn�tea 31 aeconda Eaat a diatanee of 838,q2 feet: thence South 67 degrees 19 airsutea 23 aeconds ia�t a diatance of
266.25 feet: thence South 59 deareea OS minutes 30 xconds Eaat a diatance of 300.00 leet to the point of be6lnain8 0! th�e
peoFerty being deacribed; thence continuing SouLh 59 de�ees 05 minutea 30 aeconda Baat a dietance af 159.L5 feet: tLeace South
26 degree� 36 minutea Neat to the a}:ore �� t,ake lfinn•*,oa,,: tt�enc. N•�rthsres�erly alung said a2wra W ita lnterxe#ioa .+ith a
line dra�+n oouLh 32 degrees 16 minute� 30 seconds Weat from the point of beginning: Lhence North 32 degreea 16 minute� 30 aec-
onda Eaat to ehe point of beginning, according to Lhe Governmeat suzvey thereof, and �
That pac�t of Goverament Got 4, Section 9, Tama�ip 111. Raya T3, dex�ibed ae followa: Commencing at the North quarter corner
of aald SecLion; thence oa a bearing og South (the Nort� liaoe oE the NortLea�t quareer af aaid 6ectYon bei�aea�ed eo Lsve a
bearin� of North 88 deareea 51 minutes Meat foc ga�p�ee of thia deacription) a diataace of 2878.55 feet;.tbexe Sbuth 70 de-
gieea 37 ainutea 31 aeco�.i Sa�t a dietnnce of 838.q2 feet; thenee South 67 degi-eea I9 atnuiee 23 seconda ZeaC a diatance oi
268.25 leet to "Point A". aaid "Point A" being t.he point ag beginning of the property being deacribed. aad alao the point of
be;inair� of "Line A": thence South 32 degreea 16 minutea 30 aeconda West aloag "i�ine A" to a point on the ebore of Lake
Himsetonka, and aaid "Line A" there ending; thence Southeaaterly along aaid ohon to a point 300.00 ieet Soutbeeeterly frau
said "Line A". said 300.00 feet being measured on a bearing of South 59 degreea 05 ainutea 30 aeconde Ha�t frae aaid "Line A": `
Lhencr North 32 de�reea 16 minutee 30 aeconda Eaat a d�ataace of 370 feet Lo an intersection with a line drnWa South 59 de�ees
OS'minutea 30 aeconds Saet from aaid "Point A"; Lne� North 59 de�rees OS minutee 30 aeconda Went to aaid 'Point A" at Lhe
point of be�inning. 5XC6PT that part of eaid above deacribed propercy lying Nortbwsater2y of the follariag dexribed line:
Commeacin� at aaid "Point A"; thence South 59 de�eea 05 mirn�tea 30 aecoada Ba.et a ditC:noe of 246.T4 feet to the poinL of be-
ginaing of the line being deecribed; thence Soutn 34 de�ees 54 minutes ?A eeconds iisst te .the ehore of Lnke l�inaetonk.a, aad
there ending.