HomeMy WebLinkAboutResolution 2963 Ir CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
r t�
�kESii0 NO.
2963
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1633
WHEREAS, Andrew J. McDermott, III (hereinafter "the
applicant") is the owner of the property located at 2702 Walters
Port Lane within the City of Orono (hereinafter "City") and
legally described as Lot 1, Block 1, and Outlot 2, Walters Port,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.24, Subdivision 5
(B) to permit construction of a 121x13' three season porch to be
located 8' from the rear lot line instead of the required 301, a
7'x8h' bathroom addition to be located 10' from the rear lot line
instead of the required 301 , and a connecting 6' wide
deck/walkway connecting three season porch to north side deck to
be located 18' from the rear lot line instead of the required
30 ' .
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1633.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District requiring 1 acre in
area for each residential lot. The property consists of
19,343 s.f. or .44 acres.
3. The Orono Planning Commission reviewed this application
on April 15, 1991 and recommended approval of the proposed
variance based upon the following findings:
A) The unusual shape of the lot
B) The existing floor plan in relation to the proposed
addition requires expansion along the west or rear side
of structure.
Page 1 of 4
0,4
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
Z�kESx0.g� NO. 2963
C) The house has encroached into the 30' rear setback
area for 23 years. Whereas the principal structure was
placed 11' from the rear lot line instead of the
required 301.
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
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 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 findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.24, Subdivision 5 (B) to yermit construction of a
three season porch, 6' wide deck/walkway and bathroom addition,
subject to the following conditions:
1. The applicant shall remove 316.5 s.f. or 5.57% of
plastic underliner within landscape area located within the
75-250' setback area prior to the footing inspection by the
Orono Building Inspector for structural additions to the
residence. Hardcover within the 7$-250' setback area shall
be amended to 1,608.8 s.f. or 28.3%.
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (May 13, 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 shall be punishable as a misdemeanor.
Page 2 of 4
' O
a
C ITS of ORONO
N4W
RESOLUTION OF THE CITY COUNCIL
NO. 2963
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 title of
the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 13th day of May, 1991.
AT E T:
0 of City Clerk Barbara A. Peterson, Mayor
roperty Owner s
STATE MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 13th day of May, 1991, 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.
Notary Public
=tNWCTARYAAB
THERESA
NNESOTA
"NTY
sae2
Page 3 of 4
O
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
STA ,;A•'A. OTA ) NO. 2963
S
) ss.
COUNTY OF HENNEPIN )
On this oday of Q , 199
before me Notary Public within and for s d /county, personally
appeared �,J '-F {-Yl v Kvg o f-�- r {
known to me to be the persons desdribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
1 �
NOTARY PUBLIC
HERESA L NAAB
RY PUBLIC- MINNESOTA
077HJENNEPIN COUNTY
conunlaaion expir"9-8-92
MY C
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
MY COMMISSION EXPIRES
Page 4 of 4