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» 4 <br />^ • <br />CITY <br />OF <br />ORONO <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. ^562_________ <br />GRAMTING A VARIAMCE TO MUNICIPAL ZONING <br />CODE SECTIONS 34.201 AND 34.202 - FILE #774 <br />WHEREAS, John Allenburg is the owner (hereinafter "owner") of property <br />legally described as Lot 1, Block 2, Partenwood (hereinafter "property"), <br />located at 865 Partenwood Road located within the City of Orono (hereinafter <br />"City"); and <br />WHEREAS, the owner has applied to the City for a variance to Municipal <br />Zoning Code Section 34.201 to permit the construction of an attached two stall <br />garage located 39 feet from the east/channel shoreline instead of the required 75 <br />feet and 65 feet from the shoreline of Maxwell Bay instead of the required 75 feet <br />and to Section 34.202 to allow an increase of 576 sf of hardcover within 75 feet of <br />the lake over the existing 5,076 sf where no hardcover is permitted. <br />NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; <br />m <br />FINDINGS <br />1. This application was reviewed as toning file #774. <br />2. The property is located in the LR-IB Single Family Lakeshore Residential <br />Zoning District. <br />3. The Orono Planning Commission reviewed this application on August 15, <br />1983, and recommended approval of the variances based upon the following <br />findings: <br />a) The lot is a peninsula and not wide enough to meet the required building <br />setbacks from the lakeshore. <br />b) The lot was approved as a building site in 1975 after the lakeshore <br />protective standards were established by the City. <br />4. The City Council has considered this application including the findings <br />and recommendations of the Planning Commission, reports by City sta..f, <br />comments by the owner and other interested persons, and the effect of the <br />proposed variances on the halth, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this property are <br />peculiar to it an do not apply generally to other property in this zoning <br />district; that granting the variances would not adversely effect <br />traffic conditions, light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a convenience to the <br />owner, but is necessary to preserve a substantial property right of the <br />owner; and would be in keeping with the spirit and intent of the zoning <br />code and comprehensive plan of the City. <br />page 1 of 4