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Home My WebLink About#3122-variances-1992 � _ z.r �•O I � O O e � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �'�'L �G �kES8�4 NO. 312 2 A R$SOLUTION GRANTING AFTER-THS-FACT VARIANGSS TO MIINICIPAL ZONING CODE SECTION 10.22, SIIBDIVISION 1 (B) , ' � SECTION 10.22, SIIBDIVISION 2 AND SSCTION 10.23, SIIBDIVISION 6 (B) FILE #1698 . WH$R$AS, James P. Rivers (hereinafter "the applicant") is owner of the property located at 1442 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: (P.I.N. 11-117-23 22 0005) SECTION 11, TOWNSHIP 117, RANGE 23 COMMENCING AT A POINT ON LARE SHORE OF LAKE MINNETONKA WHICH POINT IS DISTANT 70 FEET NORTHWESTERLY AT RIGHT ANGLES FROM A LINE BEARING NORTIi 67 DEGREES 48 MINUTES EAST FROM A • POINT WHICH IS SOUTH 10 DEGREES EAST DISTANT 836.5 FEET FROM NORTHEAST CORNER OF LOT 1 THENCE SOUTH 67 DEGREES 48 MINUTES WEST TO SHORE OF MUD LARE THENCE NORTHWESTERLY ALONG SHORE OF MUD LAKE TO A LINE PARALLEL WITH AND DISTANT 50 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE LAST PRECEEDING DESCRIBED LINE THENCE NORTH 67 DEGREES 48 MINUTES EAST TO SHORE OF LAKE MINNETONRA THENCE SOUTHEASTERLY TO BEGINNING EXCEPT ROAD, Hennepin County, Minnesota (hereinafter "the property"); and WH$R$AS, the applicant has applied to the City for � after-the-fact variances to Municipal Zoning Code Sections 10.22, Subdivision 1 (B) , Section 10.22, Subdivision 2 and Section 10.23, Subdivision 6 (B) to permit a roofed/screened porch measured by staff at 21' 6" x 15' 6" located 9' from the shoreline instead of the required 75', resulting in 318 s.f. of additional hardcover where 1,439.01 s.f. or 38.3� exists and where none is allowed and side setback variances for structure located 14' from the right side yard and 20' from the left side yard where a 30' setback is required. NOW, THERSFORE, B8 IT RESOZV$D by the City Counci 1 of Orono, Minnesota: FINDINGS • 1. This application was reviewed as Zoning File #1698. . . .._. __......_... ......._..�.,.._.� . :,,�-..��.-..e..v..n�..x.. .:� .�-w.:. T._ .-..._.." ......... ...... .. ....... ,�..,."... ...i._ ., .... ... ._ . ... . ....._ ..,.... ..._ .... ... .. .'R"T... 1�, . . ___' ._ ..... . . . ... .. ... .. '„�.l^T.m?��^'. �1, a'/X+wr.:f . r , • , �1 O , 7 � • O O �b. � „ CITY of ORONO � ; � � �� G'�' RESOLUTION OF THE CITY COUNCIL 9kESH�g' NO. 312 2 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of approximately 9,250 s.f. � 3 . The Orono City Council reviewed this application on May 11, 1992, and conceptually recommended approval of the after-the-fact variances based upon the following findings: ----�-. A. The unauthorized addition has existed on the property for approximate ly 15 years. . B. Applicant has agreed to remove 240 s.f. of existing paved/gravel hardcover to be replaced with grassed area located within the 75-250' setback area. • 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 property; would not merely serve as a convenience to the applicant, but . is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 reports by City staff, comments by the applicant and the effect of the proposed after-the-fact variances on the health, safety and welfare of the community. • Page 2 of 5 . • , . ° , � O� • O O b. - CITY of ORONO � � �� `G'�'� RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. 312 2 CONCLIISIONS, ORDSR AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code � Sections 10.22, Subdivision 1 (B) , Section 10.22, Subdivision 2 and Section 10.23, Subdivision 6 (B) al lowing a roofed/screened deck installed at the lakeside of the existing residence and granting a 53' or 70.6� lakeshore setback variance, a 318 s.f. or 8.48� hardcover increase in the 0-75' setback area and a right side set setback variance of 16' or 15.3� and a left side setback variance of 10' or 3.3�, subject to the fol lowing conditions: 1. Applicant is being advised that major structural repair of the roofed/screened deck in the future wil 1 require ' City approval. • 2. Applicant shall install 240 s.f. of grassed area adjacent to County Road 15 located within the 75-250' setback area. �The grassed area shall be installed by July l, 1992. . 3. 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 sha 11 be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of tit le of the property. Page 3 of 5 • . _ �e• - � . .� � � • O O b. � CITY of ORONO � � �� G'�'� RESOLUTION OF THE CITY COUNCIL �kESH04 NO. 312 2 Adopted by the City Council of the City of Orono, Mi nesota at a regular meeting held on the 26th day of May, 1992. AT ST: � • ` othy . Hallin, ty Clerk Barbara A. Peter on, Mayor Pro erty Owner(s STATE OF MINNESOTA ) . ) ss. • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of May 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �f Nota y Public Page 4 of 5 LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY � My commission expires&12-98 • . « .. . . . , . � � �� , , • � O O • b - CITY of ORONO � � ��L �G'�'F RESOLUTION OF THE CITY COUNCIL �kESH�� NO. 312 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /��h day of � : � , 199 3 before me a Notary Public within and or said county, personally appeared �1�'�'Y►�s � �%d2�'.s i✓Y��r�v�:Q� 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. � LINDA S. VEE �,� NOTARY PUBLIC - MINNESOTA � HENNEPIN COUNTY NOTARY PUBLIC , � My commission expires 8-12-88 � 1 STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) � � On this day of , 199 , before me a Notary Public within and for said County, personally appeared 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. NOTARY PUBLIC • Page 5 of 5