The URL can be used to link to this page

Home My WebLink About#3496-variance-1994 ' ix� � � � O� O � . Q CITY of ORONO y � � � ��=� ,.� � , RESOLUTION OF THE CITY COUNCIL 1 ' �' No. � 496 � � �' b;� ti : ti ��9� o¢�c, . ESII � RE54LUTIOIV GRANTIlVG A VARIAN�� TO MiJNICIPAL ZONING COD� SECTIOI�T 10.22, SUBDIVISION 1 (B) FILE #1977 «�iERE�S, i.a�vrence B. Don and Marilyn A. Dorr (hereinafter "the applicants") arP owners of the property located at 980 Tonkawa Road within the City of Orone �hereinafter "City") and legally describr:d as follows: Refer tc Exhibit A attached, �Iennepin County, Minnesota (hereinafter "the property"); and • WI�REAS, the applicants have applied to the City for a variaiice to I��ur.�cipai Zoning Code Section 10.22, Subdivision 1 (Bl to permit construction of a �iew r.esidence to be ]ocated 97' in front of the average lakeshore setback line where no such encroachrrient is . , allowed. NOW, T�iEREFQR�, BE TT R�SOLVED by the City Coun�:il of Crono, Ivlinnesota: . FINDINGS 1. Tlus application was reviewed as ?oning File #1977. 2. The property is located in the,L.R-1B, Lakeshore Residential Zoning• District requiring 1 acre in. area. The property consists of 74,E00 s.f. or 1.7 acres. � 3. The Orono Planning Comm.ission reviewed this application on October 17, 1994, and recommended approval of the proposed variance based upon the followir�g unique findings and hardships: . � A. Two story seasonal cabin has existed at the same lakeshore setback as the � proposed structure. • Page 1 of 6 � ' Fam5005 UiskOrom . � � �� O �� O CITY of ORONO `� �°�:��=� ,.� . RESOLUTION OF Tf3E CITY COUNCIL �, �� '�� , No. 3 � 9 6 ti �� og�G ESII B. Steeper elevations and mature plantings to the immediate west of the proposed buildin� site would be severely impacted if the structure was to meet the required average lakeshore setback. C. The proposed structure will be located out of the bluff impact zone at the lakeshore and also meet the 75' lakeshore setback. D. The neighbor to the immediate north submitted a letter approving the proposed location. 4. The City has received a letter dated October 24, 1994 from Mr. and Mrs. Raymond J. Hoffman at 1000 Tonkawa Road, the owners to the immediate south of the subject property, noting approval of the proposed location of the residence. 5. The Ciry Council finds that the conditions existing on this properry are pecuiiar • to it and do not apply generally to other property in this zoning district; that granting the variance 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 hardship 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, cominents by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit construction of a new residence to the located 97' on to the average lakeshore setback line, subject to the following conditions: � Page 2 of 6 ' Fam5005DiskOrono � ��' ITY of ORO O �� O C NO • `��:e�-� ,� .. RESOLUTION OF THE CITY COUNCIL ,� �� .,�,:,. � 3 � 9 6 . ,�, � �, ��' �, No. 1 � ��9x o¢�G . E8I; . 1. As a result of the proposed improvements, hardcover for this property is recorded as follows: A. 0-75' setback area = 0 s.f. B. 75-250' setback area = 5,725 s.f. or 25% C. 250-500' setback area = 2,400 s.f. or 9.23% D. 500-1,000' setback area = 1,200 s.f. or 7.32%. 2. � Upon application for a building permit, applicants shall provide a survey locating proposed structure along with detailed grading and drainage plans for new � construction. • 3. . Applicants are hereby advised that a demolition permit is require� for the removal of the existing cabin and detached garage. " 4. Authorities granted by this variance run with the property not with the a.pplicants, but are permissive only and must be exercised by application for a bui.lding permit within one year of the date of Council approval, or this variance will expire on that date (November 14, 1995). � 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zaning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. . • Page 3 of 6 . . ' Form5005DIskOrono , •. � �� O �, . O CITY of ORONO • �.::.�.�� .j ,� RESOLUTION OF TI� CITY COUNCIL �, �� '� � �, No. �4 9 f �.. , � Y � '��9k Og'�G ESS Adopted by the Orono City Council on this 14th day of November, 1994. A EST: � , , � . r Dorothy llin, City Clerk ward J. C ahan, Jr., Mayor ._ � � • °P pe Owner(s) ' " f • . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) T'he •foregoing instrument was acknowledged before me on this 14th day c�f November, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota �nunicipal corporation and said instrument was executed on behalf of tlie City. Mi��lN�� a� _ �'� LM�DW1S,yEE o ry Public � �t�W� �D �NJIPI.31.2000 • Page 4 of 6 � Form5005DiskOrono , , =. . . � . , � O� O � � CITY of ORONO • � :��=� ,a RESOLUTION OF THE CITY COUNCIL `'� �� ..� : . �v 9 ,�, � �'� a�� ti rro. 3 4 6 �� og�G _ ESH , �.••�°�•,, ' OFFICIAL SEAL /'� MICHAEL J. DO��::; l.�a�.i porr��A . _�'�...,. •', Notary Publlc-Ca;Ycr�:-� . STATE OF � :� LOS ANGELES CG.1'�". �,o., {�n e.�,es� SS• M1Y Commission ExF�rc; °.".^..�� bctober 27. 1995 COUNTY OF ) � . � . � On this �� day of i�ec,eM n..�.,� , 199� before me a Notary Public within and for said county,personally appeared ��,�,�,,,��, � IMaf��.y rv L�,r�' known to me to be the erson�described in and who e;cecuted the foregoing instrument, and acknowledged that� the executed the same as ' their freP act and deed. � 3�� t :xy.;r . �. . ` NOTARY PUBLI � �� :. � • � . � �� ., . 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 instrume�t, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PI.rBLIC Page 5� of 6 • r«m soos m�ao� „ . '..� � � O� O �� O �ITY of ORONO • ��' �,� ° �� ,� � RESOLUTION OF THE CITY COUNCIL � II �, ^�,�' ti NO. �� Y � �� Og�G ESfI FXHIBIT A t FC;A� nFS[:fttPTtQ�O� PREMl��:. That p�rt ai G�� Lat 3, Seetiatt $, Tovvttsh�p �17, R� 23, t�e�ct�ed as � . �.-�-6;cc��r��•�t-�#h��1'�r�Y�� cc��- �f TrAri A,�R�t�reti L��d Su�v�y Na�er 617, F�es v'(the €te�at �f T�#les, Coc�'�Y o�l�e+x►e}�t; tt►� �th Z3 �r�� 20 m�as V�est atang thm �ndan� ot'the_1f�6e�Q� �a ot a��9 T�ut� A � . F ��t�ta�� 6�:fl�U fi��ttt0°tQ� �c:#u�1 po�t vi t��n�F t� �t � d�s, • 22 rr�rna��s ��t s �atance of 34.&4 fedE to ttrd c�rrt�r �e t�t t'.cs�Egt �tc�t9 . �� 135; tn�,cs s�t► � de�rees, 2a r►�t�s �� €� sa�da��,� to , . �s-�#er��,:�h � � b�g s�#h s7 d�:, 2a m�tag � f�a�� p�t at can�r�er�s�t; tt�e Nattt► 87 de��ees, 24 tr��: �ast a c�4ar�s at . • 842.6t1 fistri, n�ane a�v 4esr�, to tP�e �'e o�t L�ke �I1ir�ta�; tto�enc�. l�ttwn�as��rfy �� si �#�os�tv its ��.wl�tt�t !!� b�t�g N�th B5 �ees, ZZ m�uates ��st f�raTt tt� �Cttrstl Rai�t d�f b�� ph�ce sw�it► 85 ci�gr��, 2? � Ri��B W8� t0 � @CIt� �O�'1t Ot b�� CCOfi� �0 � �ON�tT1[fl@i� S1ACY+�/�. • Page 6 of 6 ' Fam 5005 Disk Orom