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Home My WebLink About# 4185 - renewal - 1998 - i / O� � O O �d - , , C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL t9kESH�g'� NO. 4 � :� �� A RESOLUTION GRANTING RENEWAL OF VARIA?�'CES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2�31 `VHEREAS, Roger Olsen and Elizabeth Olsen (hereinafter "the applicants") are owners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and `VHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3%) �vhere 5,815 s.f. (20%) is existing and none is allo�ved as sho�vn on Exhibit A. lrTO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, iVlinnesota: FINDINGS l. This application was revie��ed as Zoning File #2431. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zonin� District requiring one acre in area. The property. consists of 1.02 acre. ;. The Orono Planning Commission reviewed this renewal application on October 19, 1998 and recommended approval of the proposed variances based upon the follo�ving findings: 1. The proposed additions would not further encroach on the OHWL. Pa�e 1 of 5 . , � O� O O , CITY of ORONO .� � . '�' RESOLUTION OF THE CITY COUNCIL '� G �9kESH�g'� NO. 4 1 c� f 2. The configuration of the lot severely restricts the allowable building pad. 3. The amount of hardcover in the 0' to 75' lakeshore setback would be reduced from 20% to 15.3%. 4. 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 grantin� the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely sen�e 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 staf�, comments by the applicants and the effect of the proposed variance on the health, safety and �velfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Bas�d upon one or more of the above findings, the Orono City Council hereby grants variances t� vlunicipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34' from the OHWL where 75' is required and hardcover of 4,415 s.f. (15.3%) in the 0' to 75' lakeshore setback where 5,815 s.f. ' (20%) is existing and none is allowed. 1. All plastic under landscaping must be removed in the 0' to 75' lakeshore setback prior to any new construction. 2. No further variances will be granted to this property in the future. 3. Authorities granted by this variance run with the properiy 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 e�pire on that date (October 26, 1999). Page 2 of 5 � �� O O �, CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��9k'E II�g'�G NO. 4 1 R � S 4. Viotation 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. 5. Tl�e 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. 6. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on tlie 26th day of October, 1998. ATTEST: 1/yZ�a� � �---' \ \ Linda S. Vez, City Clerk Gabriel abbour, Mayor Prope Owner (s) STATE OF MI\�ESOTA ) ) ss. COUNTY OF HENIVEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998, b�� Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minneso�a municipal corporation and said instrument was executed on behalf of the City. � - - -;7-��r.��^�,�^ < _� /� �":-'.•. GfiROIE A.HASEI�IP.P1 �: �� ;t�:';�:; r�oT�.aYPu�iic-�nin�r:EsotA Notary �Public c; HENNEPIN CCUNTY �{ `:`;'�:'. MyCcrt;m�ssicnFr�iresJzn.3i,2000 � -�---�� ,,.�..;.:�:.;.:.- Page 3 of 5 � O� � O O � , CITY of ORONO � � . � G'� RESOLUTION OF THE CITY COUNCIL t`�k'ESH04��' NO. —� ��---- STATE O MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �day of -� , 199 9 before me a Notary Public within an,�d for said county, personally ap eared �. - t ' known to me to be the person(s) desc bed in and who executed the foregoing instrument,and aclaiowled�ed that he (they) executed the same as his (their) free act and deed. -'J;.i `'� � � �A_Nr=.�r. �i ,' -"'� 1 Pili1L��Y1'�/�'il�C'14��i':i.�L�tiTA YEN�JEPiN COUNtY � _'- � ti�;+�cr�m�ssicn�ires,►zn.3�.2000 � NOTARY PUBLIC • y��r�.� 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 foregoina instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 . � � `� �� ' �.?(�-�-L�l� � ` �\ � . � � � � � , . 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