HomeMy WebLinkAbout#4376-variances-1999 CITY of ORONO
F+ RESOLUTION OF THE CITY COUNCIL
~� NO. 4 3 '#
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B);
SECTION 10.22, SUBDIVISION
16 2; AND
2)
SECTION 10.56,
FILE 425?;2
wford hereinafterthe
WHEREAS, Herman Crawford 4d 454North Shore Drive within the City of
applicants") are owners of the property located a
Orono (hereinafter "City") and legally described as follows:
Lots 1, 2, 3, Block 6, Bergquist and Wickhmd's Park, Hennepin County, Minnesota
(hereinafter "the property"); and
lished notice and mailed notice in accordance with
WHEREAS, after due pub
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
/
Commission held a public hearing on October 18, 1999, at whichtimes em persons ereon; desiring ng
Comma opportunity p
to be heard concerning this application were given the opp
WHEREAS, the applicants have applied to the City variances to Municipal
Zoning
Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 and Section
6 Subdivision 16 (L) (2) to permit construction of a 2 sthard overattachet/ariancegaragelin the 75-25
ocated 3' from
10.5 , 0'
the rear yard lot line where 30' is required and requiring a
lakeshore
setback area of 3,912 s.f. (29.08%), where 3,498 s.f. (26%) exists and 3,363.3 s.f.
(25%) is allowed.
BE IT RESOLVED by the City Council of Orono,
NOW, THEREFORE,
Minnesota:
Page 1 of 6
4r ,
�O O
CITY of ORONO
ti
RESOLUTION OF�THE CITY COUNCIL
SYiO¢ NO.
76
FINDINGS
1. This application was reviewed as Zoning File #2532.
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 .47 acres or 20,635 s.f.
3. The Planning Commission reviewed this application on October 18, 1999 and
recommended approval on a vote of 7 to 0.
4. The Planning Commission made the following findings of fact:
A. The proposed attached garage will be within the property lot lines.
5. The City Council finds 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 variance 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 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.
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 welfare of the community.
Page 2 of 6
O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�`9kESI;04� NO. 4 3 T- 6
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 10.22, Subdivision 2; and Section 10.24,
Subdivision 5 (B) and Section 10.56, Subdivision 16 (L) (2) to permit construction of a 2 stall
attached garage located 3' from the rear yard lot line and to allow 3,912 s.f. (29.08%)
hardcover in the 75-250' lakeshore setback area. Approval was subject to the following
conditions:
1. 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.
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 permit within one year of the date of Council approval, or this variance
will expire on that date (November 8, 2000).
3. 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.
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.
Page 3 of 6
O O
CITY of ORONO
ON
ti
RESOLUTION OF THE CITY COUNCIL
ti
��9kES804�G NO. 4376 -
Adopted by the Orono City Council on this 8th day of November, 1999.
ATTEST:
� U
Linda S. Vee, Clerk Gabn Jabbour, MaySK\7
4 (
roperty O er(s)
04 "
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th 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.
MARY ANN JOHNSON Notary P lic
NOTARY RUBUC-M WKSOTA
Mir CwwdWm Expires Jan.31,=
Page 4 of 6
� O
CITY of ORONO
A4
RESOLUTION OF THE CITY COUNCIL
9�ESIIO¢ NO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Zooa
On this 3-th day of S e e f e n?,�e e ,-Wg9 before me a Notary Public within
and for said county, personally appeared ,r e g rna n CRa w Fee-41 a n d' M-tj?i IN n I Ce r wFoe ' mQa e,
known to me to be the person(s) described in and who executed the foregoing instrument, an
acknowledged that he (they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON
NOTARY PUBLIC-MINIMSOTA
V Cam isslDn Expires Jan.31,20 NOTARY CAMLIC
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
Page 5 of 6
CERTIFICATE OF SURVEY FOR
HERMAN CRAWFORD
IN LOTS 1 2. & 3, BLOCK 6; BERGQUISTS & WICKLUND' S PARK ,
HENNEPIN c6UNTYk MINNESOTA
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