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Home My WebLink About#4388-variances-1999 i� � O I �O O �e. - CITY of ORONO ,� ,� � ti �'',�L G'� RESOLUTION OF THE CITY COUNCIL 9 4�4' NO. � �=- �; kES� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION lOS6, SUBDIVISION 16 (L) (2) FILE #2�4� WHEREAS, Louis Fegers and Marilyn E. Fegers (hereinafter "the applicants") are o�vners of the property located at 3�90 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: All that part of Lots 8 and 9, Block 2, "Baldur Park," Hennepin County, Minnesota lying northwesterly of the north�vesterly right-of-way line of County Road 51 (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance ��ith Minnesota Statutes and the City of Orono Zonin� and Plannin� Codes, the Orono Planning Commission held a public hearing on November 1�, 1999, at �vhich times all persons desirin� to be heard concerning this application ��ere given the opportunity to speak thereon; and �VHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allo�v 2,515.9 s.f. (38.9%) of hardcover in the 7�-250' setback area where 1,662.4 s.£ (25.7%) exists and 1,613.63 s.f. (25%) is allo�ved for construction of a two stall attached garage. l�'OW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application �vas revie��ed as Zoning File #2�4�. 2. The property is located in the LR-1C Zoning District, where .5 acres or 21,700 s.f. is the minimum lot area. The property consists of .32 acres or 13,9�4.5 s.f. Page 1 of 6 .. . � /� �� . 0 0 , CITY of ORONO � � �`,� G'� RESOLUTION OF THE CITY COUNCIL �9kE3804�' NO. :4 3 �', i� ;. The Planning Commission reviewed this application on November 15, 1999 and recommended approval on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property does not have a gazage on it. B. The lot is small for the LR-1C Zoning District. C. This is the only location on the lot the garage can be placed. 5. The City Council fmds 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazazd or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hazdship 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. 6. 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. Page 2 of 6 . w � �� 0� O O , CITY of ORONO � � ,� G'�� RESOLUTION OF THE CITY COUNCIL �9kES804�' NO. _ 4 :3 c`� � CONCLUSIONS, ORDER AND CO�IDITIONS 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 (L) (2) to allow 2.�15.9 s.f. (38.9%) of hardcover in the 75-250' setback area where 1,662.4 s.f. (2�.7%) exists and 1,613.63 s.f. (25%) is allowed for construction of a two stall attached garage. Approval «•as subject to the following conditions: 1. The applicants shall removed the storage shed on the property within 90 days of receiving the building pernut or prior to final inspection, whichever is eazlier. 2. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. ;. 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 permit wzthin one year of the date of Council approval, or this variance will expire on that date (November 22, 2000). 4. 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. 5. 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. Page 3 of 6 . . �— �.� 0,�. O O , CITY of 4RON0 � � �,� G'�� RESOLUTION OF THE CITY COUNCIL �9kESH�4'� NO. 4 :� � :� Adopted by the Orono City Council on this 22nd day of November 22, 1999. ATTEST: � C� ;;� !/YLt�t� � v•��-- Linda S. Vee, City Clerk Gabri Jabbour, Mayo ' � _ �� --��-�''�- , Property Owner(s) `�— - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of November, 1999, 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. /. , � .�.:=� CRRO�E A.H�.�F_�.ar.`� �fit Notary Public I � � � � • ;,.i�� NOTA,RY FUELIC-i,4:�:1'E;.uiA ?� �� 1'E�DIEFIP�CC�P.TY e' `� . r•'.�Ccr„rr,is�icnu-�''FsJ:^ 3'.%�^.� j::;. _��._ �:_�?.'�.�_.:.�_,_"_.�_—. . .. . Page�of 6 i� � O� O O �, CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��'91fE Hp4�4'G NO. 4 � � � S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ` � day of �1 n ��zrr,b{,- , 199 9 before me a Notary Public within and for said county, personally appeared � ' known to me to be the person(s) described in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. •-.�--� �:.-��..~.:�{.:�-..��_ ' �-,�. GP,ROLE A.hr� ' -�� j / / a r, MCir.AYPUE!iC- '"1 r _ � HE1�P'Fc;;.;Cf -�� ! � / � �! iCt�it�1+.��l�xJ _ �':,cr.��c.;;nt.,_:.'� .. . NOTARY PUBLIC L_ ._,� ..... ,:. _ . ._ ._. .....�. �.r,.�_. —- _ . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �'' day of ��a��rr�be�� _, 199 a before me a Notary Public within • and for said county, personally appeared � G: i e J. known to me to be the person(s) described in d who exe�� ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �.- _�-......�wG�" Y,`'�� F "�' �' ;, �/r��R-L9�� Cl ��.�./ t� f r�c��fiY F�r � " `a ;; NOTARY PUBLIC << . F,��;��.,.c��,,rr � � ��•;Ccrr,R;�s�c^< <s J:° ' �� ' _ �_�_�..�_..__..:'i"� ..r ��: Pa�e 5 of 6 � • � -- . Eshibit A 4 3 .� � � c S��► rni�v �n.PL. � `, w \ 4. �•S.°.� O=sEo..1 �e,✓ "!'6T { . 9�C w� t u�,�A/�s,eLtli;� PLRCT7C ��'�1 9 �_ KE � � � ti �o 1' � ��4 �s �d�� . � "�� ,��'� �-. �=`� , � p�' ' E-�F' `. r� , /, � /� s. 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