HomeMy WebLinkAbout#4194-variances-1998 �o �
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'�' RESOLUTION OF THE CITY COUNCIL
���kESH�4�G N0. L�. � r� �`�• _
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A RESOLUTION GRANTING AN AFTER-THE-FACT
VARIANCE AND VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 (C) (6);
SECTION 10.22, SUBDIVISION 2; AND
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE NO. #2424
WHEREAS, Gregg Klohn (hereinafter "the applicant") is the owner of the
property located at 4455 North Shore Drive within the City of Orono (hereinafter "the City")
and legally described as follows:
Lot 4, Berquist Addition to Saga Hill, excluding road, Hennepin County, MN
(hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on October 19, 1998, 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 an after-the-fact variance
to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (6) to permit a deck to encroach
22' into the average lakeshore setback where no encroachment is normally allowed: and
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.�6,
Subdivision 16 (L) (2) to allow 2,164 s.£ (35.1%) hardcover in the 250-SQO' lakeshore setback
��here 30% is allow�ed and 2,028 s.f. (32.9%) exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2424.
2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560
s.f. is the minimum lot area. The property consists of .62 acre or 27,000 s.f.
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� CITY of ORONO
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�� G�' RESOLUTION OF THE CITY COUNCIL
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3. The Orono Planning Commission reviewed this application on October 19, 1998
and recommended approval by a vote of 5 to 0.
4. The Planning Commission made the following fmdings of fact:
A. The average lakeshore setback variance is an after-the-fact situation.
Most of the footings and support beams have been completed.
B. The addition would increase total hardcover in the 250-500' lakeshore
setback. This portion of the lot is small in relation to the entire lot.
C. There is a one-stall garage that was damaged by a storm in late'spring,
and subsequently removed. The property owner may intend to replace
the garage in the same location, or construct an addition to the home.
D. The proposed development is consistent with the development in the.
locality.
5. 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 applicants, 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.
;
6. 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 variances 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 an after-the-fact vaziance to Municipal Zoning Code Section 10.56, Subdivision 16 (C)
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,� ��b . ,� CITY of URONO
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G~ RESOWTION OF THE CITY COUNCIL
�9kESH�g'�Y NO. � !� �
(6) t� permit a deck to encroach 22' into the average lakeshore setback where no encroachment
is normally allowed; and variances to Municipal Zoning Code Section 10.22, Subdivision 2 and
Section 10.56, Subdivision 16 (L) (2) to allow 2,164 s.f. (35.1%) hardcover in the 250-500'
lal:eshore setback where 30% is allowed and 2,028 s.f. (32.9%) exists. Approval was subject �
tu the following conditions:
1. Authorities granted by this variance run with the property not with the applicant,
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 (November 9, 1999),
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 ancl hereby agrees to the terms '
of this resolution and on behalf of himself, his 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 9th day of November, 1998.
ATTEST:
�
Lind S. Vee, City Clerk Gabrie abbour, Mayor
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Property Owner (s)
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��� CITY of 4RON0
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'� RESOLUTION OF THE CITY COUNCIL
��'9ItE Hp4��'G NO. � �. � R {
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STATE OF MIN'NESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing.instrument was acknowledged before me on this 9th day of November,
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instnzment was executed on behalf of the City.
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":•� :i •; MARY ANN JOHNSON
o::z; �� NOTARYPUBLIC-MINNESOTA
.,r�s.� My Commissfon Ezpir�Jan.31,Z000 Notary P liC
�_.,�..�. .r �.f-.ec: . :.�<�.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On this 2� day of J q n c� �R N , 199 q before me a Notary Public within and
for said county, personally appeared G�E�Q x 1 e h n and�T�e�n- StR�.b1e K Iofin,R aSbaR�C�W��o� to
� me to be the person(s) described in an�ho executed the foregoing instrument, and acknowledged
that he (they) executed the same as his (their) free act and deed.
-a-��-,...
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;`�h�,j�-• MARYANNJOHNSON �s �y ,
e.��-, NOTARY PUBUC-MINPJESOTA ; V�Y,�n1
•,��..� My CQmMssian Expires Jan.31,2000 �
...�... . . _ : ,.
NOTARY UBLIC
ST:1TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within and
' for said county, personally appeared �o�
to me to be the person(s) described in and who executed the foregoina instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
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