HomeMy WebLinkAbout# 4693 - renewal - 2001 . �
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A RESOLUTION GRANTING RENEWAL OF VARIANCES
TO MITti"ICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
FILE NO. 01-2706
WHEREAS, Richard R. Stark and Jane M. Stark (hereinafter "the applicants")
are owners of the property located at 81� Parten�vood 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
e�cpansion of the existing residence to include a four stall garaQe and additional living space
located 34' from the 929.4 ordinary high �vater mark where 7�' is required and requiring a
hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existin; and none is allowed
as shown on E�chibit A.
NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application �vas review-ed as Zoning File #01-2706.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requirin� one acre in area. The property consists of 1.02 acre.
3. The Orono Planning Commission revie�ved this renewal application on September
17, 2001 and recommended approval of the proposed variances based upon the
followzng findings:
l. The proposed additions �vould not further encroach on the OHWL.
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2. The configuration of the lot severely restricts the allowable buildin� pad.
3. The amount of hardcover in the 0' to 7�' lakeshore setback would be
reduced from 20% to 15.3%.
4. The City Council finds that the conditions existina 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 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 applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
�. The City Council has considered this application including the findin�s 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.
CONCLUSIONS, ORDER AND CO��IDITIONS
Based upon one or more of the above findin�s, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allo�v the
remodeling and expansion of the existing residence located 34' from the OHWL where 7�' is
required and hardcover of 4,415 s.f. (15.3%) in the 0' to 7�' lakeshore setback where 5,81� s.f.
(20%) is existing and none is allowed.
1. All plastic under landscapin� must be removed in the 0' to 7�' lakeshore setback
prior to any new construction.
2. No further variances will be granted to this property in the future.
;. 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 buildin�
permit within one year of the date of Council approval, or this variance will
expire on that date (September 24, 2002).
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4. Violation of or non-compliance w�ith 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
assiDns, 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
meetin� held on the 24th day of September, 2001.
ATTEST:
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.r� � `� ��/''o /: � , ; �'% �j�,, �/�
/ �� � ,�, . . . ..
Linda Vee �City�Clerk Barbara A. Peterson, Mayor
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Property Owner (s)
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument �vas acknowledjed before me on this 24th day of
September. ?001, by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument �vas executed on behalf of
the City.
KQ�c---lz--�.;P �C�'R
j" :�. RACHEL DODGE Notary Public r
+ N7TA�V PUCUC-MlN�:E^OTA
t.Sj Ccm:r,i�sion�xpires Jan.31.2pp5
:_ .. __��'�,.,. � Pa?e 3 of 5
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RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
� On this -� � �7� day of //�C�C�I`I��-� , 2001, before
me a Notary Public
within and for said County, personally appeared ¢/C�l�i�'i� �• �Tr4�"�
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.
J
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;��NISE M.LESKINEN / j
NaTARY PUBUC-��A ! .
'` �+M�"�'"'pi'31'� r Notary Public
STATE OF MINNESOTA . )
) ss.
COLNTY OF HENNEPIN )
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On this v2/ da of ,
2001, be�fo e me a Notary Public within and for said County, personally appeared
�,l A,✓�' �� �-STv3�t� known to me to be
the person(s) described in and who executed the foregoing instrument, and acknowledaed that
he (they) executed the same as his (their) free act and deed �
C�NISE M.LESKINEN � '
���.��A Notary Public
My�ormY�fon Expirres Jan,31�2005
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