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Home My WebLink About#4003-variances-1997 # .... � y- �� 0 �D- - C ITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. L� � � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B), FILE NO. 2311 WHEREAS, Loren Fritz (hereinafter "the applicant") owner of the property located at 3845 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: See E�chibit A for the property description (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow a living space addition on the west side and rear of the existing residence to be located 16.1' from the rear lot line where 7' is existing and 30' is allowed as shown on Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2311. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of .63 acre excluding North Shore Drive, or .81 acre total. 3. The Orono Planning Commission reviewed this application on November 17, 1997 and recommended approval of the proposed variance based upon the following findings: A. The proposed addition would not further encroach on the rear setback. Page 1 of 6 ... � � O ' V . O O ��.. - C ITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL L9kESH�g'� NO. � � � � B. The topography slopes downhill 10' away from the west and front side of the existing residence where the proposed addition would need to be located in order to meet the rear setback requirement. 4. The City Council fmds that the conditions existing on this property are peculiaz 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 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 10.25, Subdivision 6(B) to allow 914 s.f. of additions to the existing residence requiring a reaz setback variance of 13.9' to allow the addition to the west side and rear of the existing residence to be located 16.1' from the rear lot line where 7' is existing and 30' is allowed. 1. 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 pemut within one year of the date of Council approval, or this variance will expire on that date (November 24, 1998). 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. Page 2 of 6 `._ �,. � O ' Y . O O . CITY of ORONO � � �� p~' RESOLUTION OF THE CITY COUNCIL t9kESII04'� • NO. 4 �'J o e3 3. 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 24th day of November, 1997. A ST: /�', . orothy M. al n, City Clerk Gabriel bbour, Mayor �•,�` � Pr perty Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of November, 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. �C . �/.�.� e �. . LINDA S.VEE No Public NOTARY PUBLIC-MINNESOTA � ',�� HENNEPIN COUNTY •��•••° My Commission Fxpires Jan.31,2000 Page 3 of 6 .,.. .�.� � O 'V O O �. C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL t`�kEsxog'� No. 4 �i 0 3 � STATE OF MINNESOTA ) ) ss. GOUNTY OF HENNEPIN ) On this 1��I- day of nPn�m I�er , 199'7 before me a Notary Public within and for said county, personally appeared �n re� �=,r;-F�. w,ar r�ed. 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 (theu) free act and deed. CAROLE A.HASEMAN � , �/��-,�, � `� :�e.tr i`�� NOTARY PUBUC-MINNESOTA r: •.�;�:"�;: HENNEPIN COUNTY NOTARY PUBLIC "; �� My Commission Expires Jan.31,2�00 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this 3 I S day of �e c e v►�/� P/ , 199�before me a Notary Public within and for said county, personally appeazed /Y1cf,-/Qn e K� �=r�,�z—, 7v,�,r��e-a� 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. . � � �-�_ ��, IINDA S.VEE NOTARY PUBLIC :�,;;j;�:• NOTARYPUBUGtdINNESOTA ;.ti.�';y: HENNEPIN COUNTY , •'w"•` My Commission Expires Jan.31,2000 Page 4 of 6 � � ` " ' �' . . � ��' � • . � '�J 0 � d+ . LEGAL DESCRIPTION: The east 238 feet of that part of Government Lot 2, Section 17, to�vnship 117, Range 213, Heni�epin County, � - . Minnesota, described as beginning at a point on tl�e nortl� line of said Goveriiment Lot 2 distant 643.50 fee� West from the meander corner of said north line; thence West along said noctli line 536.25 feet; thence South, at a risht angle, 148.50 feet to the point of beginning. ro . 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