05-24-2004 Council Packet - Laserfiche WebLink

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A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1112, 78-1288 (A); GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 78-966 AND 78-1250; AND DENYING A VARIANCE TO SECTIONS 78-281,78-1288,78-1281, AND 78-1432 FILE NO. 04-3002 WHEREAS, G L Land Investment LLC, a Minnesota limited liability corporation (hereinafter “the applicant”) is the owner of the property located at 740 North Arm Drive within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 4, Auditors Subdivision 362, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-281, 78-1288 (A), 78-1281 and Section 78-1432 to allow retention of an existing nonconforming accessory structure (“tile boathouse”) located within the 0-75’ lakeshore setback where no accessory structure is normally allowed absent a principal structure on the site in conjunction with replacement of the existing residence on the property; and WHEREAS, pursuant to published and mailed legal notification, the Orono Planning Commission on April 19, 2004 held a public hearing on this request, at which time all parties interested in the project were allowed to comment. The Plamiing Commission subsequently on a vote of 7-0 recommended denial of the variances, finding that the boathouse was in a nonconforming location, constituted excess hardcover on the property, and should be removed at the time the property is redeveloped, and that no adequate hardship exists to support the granting of the necessary variances to allow the boathouse to remain; and WHEREAS, on April 26, 2004 the City Council voted 5-0 to support the recommcndatic.i of the Planning Commission and at the request of the applicant, referred the application back to the Planning Commission for review of an amended application Page 1 of7