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HomeMy WebLinkAbout# 4550 - renewal - 2000 a • /�. � O� • O O ��6. - CITY of ORONO � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL � �9kESH.04�' . NO. � 4. 5 � � . � A RESOLUTION GRANTING RENEWAL OF VARIANCES � TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO: 2624 WHEREAS, 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 properry"); and � WHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to a11ow the remodeling and expansior� 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%) where 5,815 s.f. (20%) is existing and none is allowed as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2624. 2. The property is loc�ted in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3. The Orono Pl'anning Commission reviewed this renewal application on October 16, 2000 and recommended approval of the proposed variances based upon the following findings: 1. The proposed additions would not further encroach on the OHWL. • Page 1 of 5 • r. � 1 � . . / O , � � • O O ��e. � CITY of ORONO � � �� G'ti RESOLUTION OF THE CITY COUNCIL , .. �`9k'ESH.04�' � � . NO. � �4 5 � � . 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 granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properry; 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 tl�e 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 variances to Municipal 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 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 (October 23, 2001). � . Page 2 of 5 . , ! � • � /-- � O� • O O ��b. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� ' . NO. � r� e� � � , .. 4. 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. 5. 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. 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 the 23rd day of October, 2000. • ATTEST: � � � � Linda S. Vee, City Clerk Gabri 1 Jabbour, a r ./`-- � Prope Owner (s) STATE OF MINNESOTA ) ) ss. � . . � � ' � COUNTY OF HENNEPIN ) � � The foregoing instrument was acknowledged before me on this 23rd day of October, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the � City. RACHEL DODCE �ew��+--Q /Joc��v - • ��Y�,�soT� Notary Public µ��r�siOn E�qtyp Jati.31,2006 ' Page 3 of 5 . . i ' • . � O� � O O ��b. - CITY of ORONO � � � '� RfSOWTION OF THE CITY COUNCIL . � � ��`9IfE p4�'G � � � NO. 4 5 � � � . . SH STATE OF NIlNNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) � On this �� day of �P f�rua.�'"c f ,200 � before me a Notary Public within and for said county, personally appeared ��r Oj sen , ma-r"rTe-o� known to me to be the person(s) described in and who executed the foregoing instrument,and ackno�vledged that he (they) executed the same as his (their) free act and deed. � RACHEL D�E �� •N�TARY PUSLIC•MINI�fESOTA t�ycanmisatonExp��lan.3�,200� Notary Public • STATE OF MINNESOTA . ) . , ) ss. COLNTY OF HENNEPIN ) On this�day of ��/L�0.�'Z) ,200!before me a Notary Public�vithin and for said county, personally appeared �i r zabe�h � �5 c�'► , ,-y��i�c1 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. , RACHEL QODGE . `j��_�Q ,/U�'� • NbTARY PUBUC-MINNESOTA My��„ExpMa,�an.st,2oo6 Notary Public � ' • � Page 4 of� . � � � � - � Exhibit A � __N _�,._--;_.r�_^__._---- . rD � ,t� e� Q , � *� �� •1 .� �� \ � °• •- z - ��'°� �`� . ,� � � ` � j . .. . . . \ �. . . .. � , . � � � • � . ♦` 1 ' `\ � � �• � �' � A �� � \ ����� ~ � . . � �; \ . ' :=;j„� . . • , . ��: :� - .� . � ���� ��� '% �� . _ '• \ '• ' / '' ,i . � . . � � . ,�, � ;;�/f� � . �� / - . . . �: ,/,�l � � � ' . . � � �� :�;: r l�` . r` �` ' \ ' :�1:; � � � � ���������� . ♦ � � ���� � �� � .\ `. � � . . . . . . � � . . . \ �� � � � \ , `\ . 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