HomeMy WebLinkAbout#4247-denying variance-1999 � �
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�e:_- c ITY of URONo
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� G RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION DENYING
VARIANCES PER
MUNICIPAL ZONING CODE '
SECTION 10.22, SUBDIVISION 1 (A)AND (B);
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIYISION 16 (L) (1);
AND SECTION 10.56, SUBDIVISION 16 (C) (6).
FILE #2453
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council
of the City of Orono has adopted zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS, John Ericson, Sr. (hereinafter "the applicant") is the owner of the
property located at 1620 Shadywood Road within the City of Orono (hereinafter "the City") and
legally described as follows:
Lot 3, Lot 4, and the South 5.00 feet of Lot 2, Shadywood, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for variances to the
Zoning Code to pernut construction of a 12'by 20' pagoda(boathouse) 20' from the 929.4' Ordinary
High Water Level (OHWL) of Lake Minnetonka, a General Development Lake, requesting the
following approvals:
1. Section 10.22, Subdivision 1 (A) and (B) to permit structure within 75' of the lakeshore and
within the Average Lakeshore Setback of adjacent residences where no structure is normally
allowed.
2. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 878 s.f.
(7.8%) of hardcover in the 0-75' lakeshore setback where 710 s.f. (6.3%) exists and none is
allowed. However, all existing hardcover within 75' of the lake is legal as it has e�sted for
many years, or is permitted as a walkway to the lake.
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'� RESOLUTION OF THE CITY COUNCIL
��9kESfI�4�'G NO. �� � `�� �'�
3. Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback. No principal or accessory
structure shall be located closer to the lakeshore than the average distance from the shoreline �
of existing residence buildings on adjacent lots. The average lakeshore setback line shall be
a straight line connecting the most lakeward protrusions of the residence buildings on the
immediately adjacent lakeshore lots.
WHEREAS, the City Council has reviewed the application; the recommendations
of the City staff and the Planning Commission; and the comments and written statements submitted
by the applicant.
- NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested variances as described above based on one or more of the
following findings of fact concerning this property:
1, The boathouse would be located within the required 75' lakeshore setback
established by the City of Orono.
2. The boathouse would encroach into the average lakeshore setback impacting lake
views for existing and future residents of adjacent properties.
3. The proposed development would be contrary to the intent of the Comprehensive
Plan by compromising water quality. The new structure would adversely impact
storm water treatment and run off.
4. The proposed development is not consistent with the zoning code. The Zoning Code
does not allow any structure or hardcover within 75' of the lakeshore.
5. To grant variances the applicant must demonstrate a hardship. The City Council has
determined no hardship exists that would require an accessory structure to be located
over this portion of the property.
6. It is the intent of the Comprehensive Plan and Zoning Code to protect the water
quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No
hardship exists on this lot that would require additional hardcover.
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�, CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
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7. The granting of the variances would serve merely as a convenience to the applicant,
and is not necessary to alleviate demonstrable hardship or difficulty.
Adopted by the City Council of the City of Orono on this 8th day of March, 1999.
ATTEST:
�v�
Linda S. Vee, City Clerk Gabriel bbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of March,
1999,by Gabriel Jabbour& Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
1 �'
CRROLE A NASEMP.N /' �
�` ;'�..,��': NOTARY PUBUGMR�NESOTA Notary Public
\^�,�'-'°i`;in,; HENNEFINCOUPITY �;�,
\`"�`�. My CcmRissicn Expir?s J2n.31,2000 �,�
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