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Home My WebLink About#3459-variance-1994 . f - . � i - � V �� O I � �' � CITY of ORONO O ::�$ � O � • . ;e�=� ,� RESOLUTION OF THE CITY COUNCIL � ��. , ; � � ,- ,�, � �'� "�� ti No. � 4 5 9 . ; �' ` G� i . � `��'EsBOg'� . . � , A RESOLUTION GRANTING . � A VARIANCE TO i MUNICIPAL ZONING CODE � SECTION 10.24, SUBDIVISION 5 (S) I FILE #1955 � � WHEREAS, Andrew J. McDermott III (hereinafter "the applicant") is owner of i the property located at 2702 Walters Port Lane within the City of Orono (hereinafter "City") and ' � legally described as follows: ' ' . . Lot 1, Block 1; Outlot 2, together with a nonexclusive easement for ingress and egress over Outlots 1 and 3, all in 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 the construction of a screen porch above an existing upper level deck, such porch to be located 34' from the front lot line where a 35' setback is normally required. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1955. , 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 15, 1994, and recommended approval of the proposed variance based upon the following findings: • Page 1 of 5 � Fwm5005 DiskOmn i. r I � 4 . ' � ��' . ITY of � O :: O C ORONO ; • "'��?e�=� RESOLUTION OF THE CITY COUNCIL � - �, ��;, �'az� ��, NO. �_� � Q r Y, ��, og�G - , Es8 . A. One corner of the proposed screen porch will encroach 1' into the � required 35' setback, such encroachment covering approximately 5 s.f. ` ; B. The screen porch will be constructed directly above the existing upper level deck which similarly encroaches the front setback as noted above. C. The proposed location of the screen porch requires no other setback �: variances, even though a large portion of the existing house is located � nearer the rear lot line than the current code requirements. '�, D. The proposed screen porch location wili be the least obtrusive to the site and to the neighbors. • E. The current floor plan and unusual shape and orientation of the property limit locations for lake views from the house or yard. F. No other variances are necessary. 4. The City Council has considered this application including the �ndings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 traf�c 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.- � _ Page 2 of 5 � � � � Form 5005 Disk Oronc ► . ° . i . . , � . � � �' CITY of ORONO � ; O , � • �,\�'�?e�=� RESOLUTION OF THE CITY COUNCLL ~ � � , ,, ''1 �, �,� �, N0. _�� ti� Gti ; ��ESHOg'� . � � � CONCLUSIONS, ORDER AND CONDITIONS I Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a screen porch above the existing deck, to be located 34' from the front lot line where a 35' setback is normally required, subject to the following conditions: 1. Construction shall adhere to the site plan and construction plans attached to this resolution as Exhibit A. 2. Authorities granted by this variance 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 (August 22, 1995). • 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall 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 title of the property. Adopted by the Orono City Council on this 22nd day of August, 1994. A � T: , � �i� , othy � 1' , City Clerk E ward J. Call an, Jr., Mayor . a . � . � roperty O ner(s) . ' • Page 3 of 5 Fam5005 DiskOroM , . • • � � � „ . . .. i � I � �' CITY of ORONO �-=��.,� � � � �.e�.� RESOLUTION OF THE CITY COUNCIL ,� .�� :,, �� 4 � � ,� 'f �:, a� �, NO. ; � Y, �� i � �`�k'ESSOg'� . � �. STATE OF MYNNESOTA ) I ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of August, 1994, by � Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a 4 Minnesota municipal corporation and said i ent was executed on behalf of the City. � LINDA S. VEE � NOTAP.Y PUBLIC - MINNESOTA - � I � HFr.sr�E�iN couNrr - � �.., My comrrfss;en expires 5-12-96 � i :.�,., I Notary Public � i . . STATE OF MINNESOTA ) , , ) ss. COUNTY OF HENNEPIN ) • On this 3�� day of u u s-� , 199 `� ,before me a Notary Public within and for said County,personally appeared ,¢n d�e�v �, /1')� 1]er m o-lf 1�, ,d�� known to me to be the person(s) described in and who executed the foregoing instrum nt, and acknowledged that he the i exec e e s his (their) free act and deed. LINDA S. VEE �� NOTARY PUBLIC - MINNESOTA ' HENNEPIN COUNTY � . �""'� My commisslon expires &12-98 Notary Public 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 4 of 5 � Form 5005 IXsk Oron . ,.. , , � 459 ----_-__ . __, _. �� .-ra_.r�.� � " `{` e. vs r .�a/` Ga��7Ti�.JG,�/� / 4+.4 \ ,� \O. �•. ♦�� V�` � . 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