HomeMy WebLinkAbout#4421-variances-2000 / �
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�,. - CITY of ORONO
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\��'',� G'� RESOLUTION OF THE CITY COUNCIL
t9 4�� NO. � L� � �_
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A RESOLtiTION GRANTING
VARIANCES TO
1VIUNICIP�I. ZO`TNG CODE
SECTION 10.22, SUBDIVISION 1 (B) AND
SECTION 10.56, SUBDIZ'ISIONS 16 (C) (6)
FILE #2��2
WHEREAS, Steven M. Si�el and Sheila E. Sigel (hereinafter "the appl`icants")
are owners of the property located at 1399 Park Drive within the City of Orono (hereinafter
"City") and legally described as follows:
See Exhibit A
WHEREAS, after due published notice and mailed notice in accordance �vith
Minnesota Statutes and the City of Orono ZoninQ and Planning Codes, the Orono Planninb
Commission held a public hearing on January 19, 2000, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivisions 16 (C) (6) to
permit the conversion of part of a second and third level lakeside decks into a three season
porch and a master bedroom addition which encroaches 78' into the average lakeshore setback.
NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDI`GS
1. This application was revie�r-ed as.Zoning File #25�2.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area. The property consists of total area of 22,010 s.f. or .51
acres.
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RESOLUTION OF THE CITY COUNCIL
��9kE 8�4'�G NO. 4 � �% � -�
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3. The Planning Commission reviewed this application on January 19, 2000 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. The residence was rebuilt in 1988 in its approximate original location
which was already located closer to the lakeshore than the adjacent
properties.
B. The proposal will not result in increases of structural or nonstructural
hardcover in the 75-250' setback zone above that were approved in 1997
per Resolution #2463.
C. The lot is small and narrow for the LR-1B zoning district.
�. The City Council finds that no existing views of the lake enjoyed by neighboring
property owners will be impacted by the proposed improvements.
6. 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 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.
7. 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.
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CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
��`91tE p44'G NO. 4 � � �, �=
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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 1 (B) and Section 10.56,
Subdivisions 16 (C) (6) to permit conversion of second and third level lakeside decks into a
three season porch and master bedroom addition which encroaches 78' into the average
lakeshore setback.
1. Council approval is based on the site plan submitted by the applicants attached
to this resolution as Exhibit B. ?�ny amendments to the side plan may require
further Planning Commission and City Council review.
2. � Applicants are advised that the proposed enclosure of existing decks and
resultant loss of open deck area �r-ill not be considered as a justification for any
future variance request to add ne�v decks.
3. Authorities granted by this variance run with the property not with the
applicants, 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 (Februan- 14, 2001).
4. Violation of or non-compliance �r•ith 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 aaree 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.
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RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council on this 14th day of February, 2000.
ATTEST:
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Linda S. Vee, City Clerk Gab 'el Jabbour, yor
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Prop rty Owner( )
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota mnnicipal corporation and said instrument was executed on behalf of the City.
,(���- ������1��� 1
Notary Public
GAROlF q,Hqs
EMAN
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RESOLUTION OF THE CITY COUNGIL
�t9kE Hp4��'G NO. '4 � � �_
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STATE OF MINNESOTA )
) ss.
CGUNTY OF HENNEPIN )
On this�day of �e b r'u a ►��i ,2000 before me a Notary Public within and
for said county, personally appeazed , t�v e� k 5�f a►►d Sf,e�Q � Sr'��;�u�i��,
known to me to be the person(s) described in and w o executed the oregoing instrument,and
acknowledged that he(they) executed the same as his (their)free act and deed. _
CqROLE A.HASEMAN �'
qpITAFtY t�LIC-��� �.� ���J�..' '--�i��i-vsz ,�-/
t,bcanwe�a►�'�N"�'� Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of ,200_before me allotary 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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Exhibit A � ��� � � �
JOB N0. 97R- 243
LEGAL DESCRIPTION
Lot 16, Block 6, Saga Hill Revised. Hennepin Co., Minn.,
according to the piat thereof on �le or of record in the office _ �
of the Register of Deeds in and for said County. 1 ^
Those portions of vacated Park Drive (formerly Lafayette �� �
Avenue), vacated Oak Place, vacated Forest Avenue and �
vacated Forest 8oulevard, aii as dedicated in the plat of �
"Sagv Hill Revised, Hennepin Co.. Minn.". described as follows:
Beginning at the most Easterly corner of Lot 16, Block 6, in �
said plat; thence South 22 degrees 43 minutes 16 seconds
Eost, assuming the Northeasterly line of said Lot 16 bears
South 43 degrees 44 minutes OS seconds East, a distonce
of 42.43 feet to a point hereinafter referred to as "Point A";
thence Southwesterly along a non—tangential curve concave to
the South having a rodius of 245 feet, the rodial line passing
through said "Point A" bears North 08 degrees 04 minutes 36
seconds West, to the intersection with the Southeasterly line
of vacated Forest Avenue: thence Southwesterly along said
Southeasterly line to the intersection with the Southeasterly
extension of the center line of said vacated For�st Avenue;
thence Northweste�ly along said Southeasterly extension, along
said center line and along the Northwesterly extension of said
center line to the shore line of Forest Lake; thence
Northeasterly along said shore line to the Northwesterly
extension of said Northeasterly line of Lot 16; thence
. Southeasterly along said Northwesterly extension of said
Northeasterly line to the most Northerly corner of said Lot 16;
thence Southwesterly, Southeasterly and Northeasterly along
the Northwesterly. Southwesterly and Southeosterly lines of
said Lot 16 to the point of beginning.
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,IOB N0. 97R-2��
SURVEYORS C.ERTIFICATE
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